Cap. 483

An Ordinance to reconstitute the Provisional Airport Authority and to provide that from the commencement* hereof it shall be known in the English language as the “Airport Authority” and in the Chinese language as “機場管理局”, to enable it to provide, operate, develop and maintain an airport for civil aviation in the vicinity of Chek Lap Kok and otherwise to define its functions, to make provision for the safe, secure and efficient operation of such airport and for connected purposes. (Amended E.R. 6 of 2019) [1 December 1995] L.N. 540 of 1995(Format changes—E.R. 6 of 2019) (Enacting provision omitted—E.R. 2 of 2014) Editorial Note: * Commencement date: 1 December 1995. Part I Preliminary 1. Short title (Amended E.R. 6 of 2019)(1) This Ordinance may be cited as the Airport Authority Ordinance.(2) (Omitted as spent—E.R. 2 of 2014) 2. Interpretation (1) In this Ordinance—airport charges (機場費用) means charges payable in connection with the landing, parking or taking off of aircraft at the Airport;building (建築物) and structure (構築物) include, respectively, any incomplete building or structure whatever its stage of construction;carry out (進行) includes maintain and cause to be carried out or maintained;Chief Executive Officer (行政總監) has the meaning assigned to it by section 15(1)(a);committee (委員會) means, except where the context otherwise requires, a committee established by the Authority pursuant to section 10;company (公司) means a company within the meaning of the Companies Ordinance (Cap. 622); (Amended 28 of 2012 ss. 912 & 920)contract (合約) includes any contract or other agreement the proper law of which is not the law of Hong Kong;en route air navigation service (過境導航服務) includes any information, direction or other facility furnished, issued or provided in connection with the navigation of aircraft while in air space the control of which is wholly or partly the responsibility of the Director, being aircraft not landing in Hong Kong; financial year (財政年度), except in section 32(6), means the period between the commencement* of this Ordinance and the next following 31 March (inclusive), and thereafter— (a) each succeeding period of 12 months ending on 31 March; or (b) such other period as the Financial Secretary may determine in writing; foreshore and sea-bed (前濱及海床) has the meaning assigned to it by the Foreshore and Sea-bed (Reclamations) Ordinance (Cap. 127);functions (職能) includes powers, duties and activities;guarantee (保證) includes indemnity;international obligation (國際義務) means an international obligation applying to Hong Kong; land (土地) except where the context otherwise requires, includes— (a) land outside Hong Kong; (b) buildings and other structures and part of a building or other structure; (c) the foreshore and sea-bed and any other land covered, or formerly covered, with water or by the sea at any state of the tide; (d) land which is the result of reclamation or other works in relation to which the requirements of the Foreshore and Sea-bed (Reclamations) Ordinance (Cap. 127) have been complied with; and (e) any wayleave or other easement or any other right in, on or over land; payment (支付、付款) and repayment (償還) include, respectively, payment and repayment in a currency other than that of Hong Kong;subsidiary (附屬公司) means a company which is a subsidiary of the Authority by virtue of section 15 of the Companies Ordinance (Cap. 622); (Amended 28 of 2012 ss. 912 & 920)the Airport (機場), except in the expression the Airport Area means the airport referred to in section 5(1)(a);the Airport Area (機場區) means the area of land which is for the time being specified as such pursuant to section 37;the Audit Committee (審計委員會) means the committee established by section 31;the Authority (管理局) means the body corporate which by virtue of section 3(1) is to be known henceforth as the “Airport Authority”; (Amended E.R. 6 of 2019)the Board (董事會) means the board referred to in section 4;the Director (處長), except where the context otherwise requires, means the Director-General of Civil Aviation; (Amended L.N. 326 of 2000)the Land Grant (批地文件) has the meaning assigned to it by section 16;the Leased Area (批租地區) means all the area of land which under the Land Grant it is agreed will be leased to the Authority;the repealed Ordinance (被廢除條例) means the Provisional Airport Authority Ordinance (Cap. 407);the Restricted Area (限制區) means the area of land which is for the time being specified as such pursuant to section 37;vehicle (車輛) means any vehicle whether mechanically propelled or not and vehicular traffic (車輛交通) shall be construed accordingly;Vice-Chairman (副主席) means a person to whom an appointment under section 3(4)(a) relates.(Amended E.R. 6 of 2019)(2) (a) References in this Ordinance to the performance of functions include, where the context admits, references to either or, as may be appropriate, both of the following, namely, the exercise of powers and the engaging in or carrying on of activities.(b) (i) References in this Ordinance to the Authority shall, where appropriate, be construed as including references to the Board.(ii) Where the context admits, references in this Ordinance to the Chairman include references to a person who for the time being is acting pursuant to section 3(4)(c) and to a person to whom a designation under section 3(5)(a) relates.(iii) Subparagraph (ii) shall not be construed as requiring a person referred to in that subparagraph to be a Hong Kong permanent resident within the meaning of the Immigration Ordinance (Cap. 115).(3) For the avoidance of doubt, it is hereby declared that references in this Ordinance other than section 35 or 39 to the Financial Secretary are references only to the person who for the time being holds the office of Financial Secretary and Parts VI and VIII of the Interpretation and General Clauses Ordinance (Cap. 1) shall be construed accordingly. (Amended L.N. 362 of 1997; E.R. 6 of 2019; L.N. 144 of 2022) Editorial Note: * Commencement date: 1 December 1995. Part II The Airport Authority 3. The Airport Authority and its constitution; Chairman’s functions (1) Notwithstanding section 50, the body corporate established by section 3(1) of the repealed Ordinance shall continue in being and shall also continue to have power to sue and continue to be suable in its corporate name but henceforth it shall be known in the English language as the “Airport Authority” and in the Chinese language as “機場管理局”. (Amended E.R. 6 of 2019)(2) (a) The Authority shall continue to provide itself with a seal.(b) The seal of the Authority shall continue to be authenticated in such manner as the Authority determines.(3) (a) The Authority shall consist of a Chairman who shall be a Hong Kong permanent resident within the meaning of the Immigration Ordinance (Cap. 115), the Chief Executive Officer who shall be a member ex officio and such number of other members, being neither less than 8 nor more than 15, as shall be determined for the time being by the Chief Executive; provided that the number of members of the Authority who are public officers shall not at any time exceed the number of such members who are not public officers.(b) Where the number of members of the Authority (other than the Chairman and the Chief Executive Officer) falls below the minimum number required for the time being, the Chief Executive shall make such appointment or appointments as may be necessary to comply with that requirement.(c) Subject to paragraph (a), the Chairman and the other members of the Authority shall each be appointed by the Chief Executive.(d) Without affecting the generality of paragraph (c) but subject to paragraph (a), the Chairman and other members of the Authority may be appointed from among persons who appear to the Chief Executive to have had wide experience in air or other forms of transport, industry, or in commercial, financial, consumer or labour matters, or in administration. (Amended 36 of 1999 s. 3)(4) (a) The Chief Executive may appoint a person who is a member of the Authority (and who is not for the time being also the Chairman) to be a vice-chairman of the Authority.(b) If a person to whom an appointment under paragraph (a) relates ceases to be a member of the Authority he shall at the same time cease to be a Vice-Chairman.(c) If for the time being the Chairman is absent from Hong Kong or is unable to act as chairman for any other reason, any Vice-Chairman who is specified for the time being for the purposes of this paragraph by the Chief Executive may act in his place. (Amended 36 of 1999 s. 3)(5) (a) If for the time being there is no Vice-Chairman or, because of absence from Hong Kong or otherwise, no Vice-Chairman is able to act as chairman of the Authority, the Chief Executive may designate any member to preside at meetings of the Authority and otherwise act as its chairman during any period in which the Chairman is absent from Hong Kong or is otherwise unable so to preside or otherwise act. (b) A designation under this subsection shall cease when revoked by the Chief Executive or an appointment is subsequently made under subsection (4)(a), whichever first occurs. (Amended 36 of 1999 s. 3)(6) (a) Subject to the provisions of this Ordinance, it shall be a function of the Chairman generally to perform and to carry out in relation to the Authority such duties and responsibilities as pertain or as are appropriate to the office of a chairman (including calling and presiding at meetings of the Board).(b) Without prejudice to the generality of paragraph (a), the Chairman shall—(i) consider the Authority’s management affairs, particularly its policy and external affairs; and(ii) with the approval of the Board assign functions to the Chief Executive Officer.(7) Notwithstanding subsection (1), each of the persons who on the day immediately preceding that on which this Ordinance commences* was, by virtue of the repealed Ordinance, a member of the Provisional Airport Authority shall be deemed to have ceased to be a member of that authority immediately before such commencement*. Editorial Note: * Commencement date: 1 December 1995. 4. The Board (1) Subject to the provisions of this Ordinance, the affairs of the Authority shall be under the care and management of a board whose functions shall comprise such care and management.(2) The Board shall consist, and consist only, of the persons who for the time being comprise the Authority and in relation to the Board those persons are referred to in this Ordinance as members of the Board.(3) (a) Every decision or other act of or omission by the Board shall be treated for all purposes as being a decision, act or omission of the Authority.(b) Without affecting the generality of paragraph (a) and for the avoidance of doubt, it is hereby declared that where a direction is given under this Ordinance to the Authority, the Board shall consider the direction and anything done or omitted to be done by the Board, having considered such a direction, shall for all purposes be regarded as having been done or omitted by the Authority. 5. Purposes of Authority (1) (a) The Authority shall, in accordance with this Ordinance and also in accordance with the objective of maintaining Hong Kong’s status as a centre of international and regional aviation, provide, operate (in accordance with any law in that regard which is for the time being in force), develop and maintain, at and in the vicinity of Chek Lap Kok, an airport for civil aviation.(b) The Authority may provide, at, as regards or in relation to the Airport (or any part thereof), such facilities, amenities or services as are, in its opinion, requisite or expedient.(2) In addition to performing the functions assigned by subsection (1), the Authority may engage in or carry on any airport-related activity in trade, commerce or industry at or from any 1 or more places in the Leased Area.(3) (a) In addition to the activities which it may engage in or carry on under subsection (2), the Authority may also engage in or carry on such airport-related activities as the Chief Executive may, after consultation with the Authority, permit or assign to it by order published in the Gazette. (Amended 36 of 1999 s. 3) (b) An order under this subsection may—(i) provide that all or any 1 or more of the activities specified in the order may be engaged in or carried on by the Authority either at or from any place whatever or at or from any place specified in the order;(ii) contain conditions restricting or otherwise regulating, or otherwise relating to, an activity to which the order relates. 6. Commercial principles; operational objectives (1) Subject to the other provisions of this Ordinance, the Authority shall conduct its business according to prudent commercial principles and shall, as far as practicable, ensure that, taking one year with another, its revenue is at least sufficient to meet its expenditure.(2) The Authority shall, in conducting its business or in otherwise performing its functions, have regard to safety, security, economy and operational efficiency and the safe and efficient movement of aircraft, air passengers and air cargo. 7. General powers etc. of Authority (1) The Authority shall have power to do anything which is requisite or expedient for, or is calculated to facilitate, or is conducive or incidental to, the performance of any of its functions and which is not inconsistent with any other provision of this Ordinance or any subsidiary legislation thereunder which is for the time being in force.(2) Without affecting the generality of subsection (1), the Authority may—(a) acquire, hold and dispose of all kinds of property including land;(b) grant leases of land;(c) make a contract or other agreement (including a contract of indemnity and an agreement whereby the Authority guarantees the performance or discharge by another person or persons of an obligation or other liability, whether actual or potential, of that person or those persons);(d) charge or otherwise encumber all or any part of its land or other property;(e) either solely or jointly with another person or persons improve, develop or alter any land held by it;(f) either solely or jointly with another person or persons engage in or carry on any airport-related activity;(g) employ an agent or contractor;(h) either solely or jointly with another person or persons carry out or execute works;(i) subject to section 34 where applicable, determine the amount of charges and fees.(3) The Authority shall take all reasonable steps to ensure that a subsidiary does not engage in or carry on any activity which the Authority might not itself lawfully engage in or carry on. 8. Limitation etc. Nothing in this Ordinance shall be construed as enabling the Authority to—(a) establish or operate either a meteorological service or an air traffic control service; or(b) make any air service agreement or air service arrangement with the government of any country, territory or place outside Hong Kong, with a department or branch of any such government, with any government agency or undertaking in such a country, territory or place or with any other person.(Amended 21 of 2024 s. 78) 9. Delegation and sub-delegation of Authority’s functions (1) Subject to subsection (3), the Authority may delegate any of the Authority’s functions, other than a function specified in subsection (7)— (Amended 32 of 2000 s. 48)(a) to any member or employee (including the Chief Executive Officer) of the Authority or any committee (including the Audit Committee) or any subsidiary; and(b) if, but only if, it has the Financial Secretary’s prior written consent, to any other person.(2) (a) Subject to paragraph (c), a delegation under this section shall not prevent the concurrent performance by the Authority of the function delegated.(b) In addition to the matters covered by paragraph (c), a delegation under this section may contain terms and conditions relating to the performance of the function delegated.(c) Subject to obtaining the prior approval of the Financial Secretary, a delegation under this section may also contain both of the following—(i) a provision providing that the function to which it relates shall not be concurrently performable by the Authority; and(ii) a provision specifying the circumstances in which the delegation shall be irrevocable.(d) The Financial Secretary may require the Authority to revoke a delegation under this section, other than a delegation in respect of which he has given an approval under paragraph (c), and the Authority shall comply with any such requirement.(e) Subject to paragraph (d), the Authority may, subject to any provision included pursuant to paragraph (c)(ii), revoke a delegation under this section.(3) (a) The Financial Secretary may by a direction in writing given for the purposes of this subsection require the Authority not to delegate any 1 or more of its functions under this Ordinance and specified in the direction except with his prior consent.(b) For so long as a direction under this subsection is in force the Authority shall comply with it.(4) A delegation as regards which a power under subsection (2)(c) has been exercised shall only be amended by the Authority with the agreement of the Financial Secretary.(5) (a) Where the Authority makes a delegation under this section, it may at any time authorize the person to whom the delegation is made to sub-delegate the function delegated and, if the Authority thinks fit, authorize the further sub-delegation of such function to the extent specified in the authorization.(b) Such an authorization may contain restrictions or conditions as regards the exercise of the power to sub-delegate or, where appropriate, further sub-delegate under the authorization.(6) Where a person purports to act pursuant to a delegation or sub-delegation under this section, he shall be presumed, until the contrary is shown, to be acting in accordance with the terms of the delegation or sub-delegation.(7) The functions which the Authority may not delegate under subsection (1) are—(a) the power to delegate conferred by subsection (1);(b) the power to form or acquire a subsidiary;(c) the power to acquire or dispose of shares in a subsidiary;(d) a power conferred by section 35 or 36.(8) (Repealed 32 of 2000 s. 48) 10. Authority may establish committees (1) Apart from the Audit Committee, the Authority may establish standing or other committees and, in addition to the powers conferred on it by section 9, may refer or assign any matter for consideration or inquiry by the committee.(2) (a) A committee shall consist of such number of members as the Authority shall determine.(b) Each of the members of a committee shall be appointed by the Authority.(c) Subject to paragraph (d), the Authority may appoint a member of the Authority or a person who is not such a member to be a member of a committee.(d) Where a committee is established, the Authority shall appoint a member of the Authority to be that committee’s chairman.(e) The term of office of a member of a committee (including its chairman) shall be fixed by the Authority at the time of his appointment.(3) Any reference or assignment under subsection (1) and every appointment under subsection (2) may be withdrawn or revoked by the Authority, and no such reference or assignment shall prevent or restrict the concurrent performance by the Authority of any of its functions.(4) Subject to subsection (5), a committee may regulate its own procedure and business.(5) Where a function is delegated for the time being under section 9 to a committee, the function shall be performed by the committee if, and only if, at the relevant time the person presiding at the committee’s meeting is a member of the Authority. 11. Terms of office of Authority’s members, meetings, etc. (1) Subject to subsection (3), the term of office of a person appointed to be the Chairman shall be fixed by the Chief Executive when making the appointment. (Amended 36 of 1999 s. 3)(2) The term of office of a member (other than the Chairman or the Chief Executive Officer) of the Authority who is not a public officer shall be such, not exceeding 4 years, as the Chief Executive shall fix when making the appointment. (Amended 36 of 1999 s. 3)(3) A member of the Authority who is a public officer shall hold office as such a member at the discretion of the Chief Executive. (Amended 36 of 1999 s. 3)(4) The remuneration (if any), expenses or other allowances (if any) payable to, and the other terms and conditions of office of the Chairman and other members of the Authority shall be such as the Chief Executive may determine, and different such terms and conditions may be so determined in relation to different classes or descriptions of such members. (Amended 36 of 1999 s. 3)(5) The Chairman or any other member, other than a member who is a public officer, may at any time resign from membership of the Authority by letter addressed to the Chief Executive. (Amended 36 of 1999 s. 3)(6) (a) Subject to subsection (3), a member of the Authority may be removed from office by the Chief Executive for permanent incapacity or other sufficient cause (as to the existence of which the Chief Executive’s decision shall be final). (Amended 36 of 1999 s. 3)(b) Where a person is removed from office under this subsection, no relief or remedy shall be recoverable or obtainable in any legal proceedings as regards the removal other than compensation or damages (should they be payable).(7) At a meeting of the Board the following shall preside—(a) the Chairman; or(b) if the Chairman is absent, a Vice-Chairman who is for the time being acting pursuant to section 3(4)(c); or(c) if there is no such Vice-Chairman present, a person who is for the time being designated under section 3(5)(a); or(d) if neither such a Vice-Chairman nor a person so designated is present, such other member as the members present shall select.(8) Subject to section 13(3), the quorum for a meeting of the Board shall be at least half of the members of the Authority (including the Chairman and the Chief Executive Officer (if any), whether present or not) of whom at least 2 shall be members who are public officers and at least 2 shall be members who are not the Chairman, the Chief Executive Officer or a public officer.(9) Subject to section 13(2)(c) each member of the Board present at a meeting thereof shall have a vote.(10) Every question or other matter for decision or determination at a meeting of the Board shall be decided or determined by a majority of votes of the members present and entitled to vote and, in the event that voting is equally divided, the Chairman or other member presiding at the meeting shall have a casting vote.(11) Subject to having a quorum, the Authority may act notwithstanding the fact that the Authority has for the time being less than 8 members (excluding the Chairman and the Chief Executive Officer (if any)).(12) A meeting of the Board may be convened by the Chairman or any other 2 members of the Authority.(13) Where for the time being the number of members of the Authority (including the Chairman and the Chief Executive Officer (if any)), is an uneven number, then for, and only for, the purposes of subsection (8) that number shall be regarded as having been increased by 1. 12. Temporary replacement (1) Where the Chief Executive is satisfied that the Chairman or any other member of the Authority is unable, because of temporary incapacity or some other cause, to act as a member of the Authority, the Chief Executive may appoint another person so to act, during a period specified in the appointment, in place of the member whose inability caused the appointment to be made.(2) The period specified in an appointment under subsection (1) may be extended by the Chief Executive if he is satisfied that the person whose inability caused the appointment to be made continues to be unable to act as a member of the Authority.(3) An appointment under this section shall continue in force until the period specified in the appointment or, where appropriate, that period as extended, expires or until the appointment is revoked by the Chief Executive, whichever first occurs.(4) For so long as an appointment under this section is in force, the person whose incapacity caused it to be made shall not act (whether as a chairman or otherwise) as a member of the Authority.(Amended 36 of 1999 s. 3) 13. Disclosure of interest etc. (1) (a) As soon as practicable after appointment to membership or as and when occasion may thereafter require, a member of the Authority (including the Chairman and the Chief Executive Officer) shall declare to the Authority in such manner as is for the time being determined by the Authority (whether by standing orders or otherwise) any interest of his which is of a class or description so determined.(b) The Authority shall establish and maintain a register (the register) for the purposes of this subsection.(c) Where a member of the Authority makes a declaration required by this subsection, the Authority shall cause the name of the member to be entered in the register together with the particulars contained in the declaration, and if, in accordance with such a requirement, the member subsequently makes any such declaration, the particulars already so entered shall be added to or otherwise amended in such manner as the Authority considers appropriate.(d) The Authority shall make the register available for public inspection at any reasonable time.(2) A member of the Authority (including the Chairman and the Chief Executive Officer) who is in any way directly or indirectly interested in a contract made or proposed to be made by the Authority, or in any other matter whatsoever which is to be considered, decided or determined by the Board, shall comply with the following requirements—(a) he shall (if present) disclose to the relevant meeting of the Board the nature of his interest (and such disclosure shall be recorded in the minutes of the meeting); and(b) he shall withdraw from the meeting while the matter is being discussed or considered unless—(i) if he is not the person presiding at such meeting of the Board, he is permitted to take part in such discussion or consideration by the person so presiding; or(ii) if he is the person so presiding, a majority of the other members present at the meeting decide so to permit him; and(c) he shall not vote or otherwise act as a member of the Board in relation to the matter unless so permitted; and(d) he shall neither influence nor seek to influence a decision of the Board as regards the matter otherwise than with the Chairman’s prior approval or in accordance with paragraph (b).(3) Where a disclosure is made under subsection (2) and the person concerned is neither required to withdraw from the relevant meeting nor permitted to vote, then for so long as the matter to which the disclosure relates is being discussed or otherwise considered at such meeting the presence of the person by whom the disclosure was made shall be disregarded for the purposes of forming a quorum for the meeting.(4) The validity of any proceeding of the Authority shall not be affected by the failure by a member of the Authority to comply with a provision of this section.(5) The Authority shall prepare a code of practice to be observed as regards the disclosure of interests by persons to whom delegations are made under section 9 (or in case such a delegation is made to a body of persons, by members of that body). 14. The public interest Where at a meeting of the Board a member who is a public officer and is present considers that any matter whatsoever which is to be or is being considered, decided or determined by the Authority, is or could be contrary to, or otherwise raises or puts in issue, or could so raise or put in issue, the public interest as perceived by him, the following shall apply—(a) he shall state to the meeting his opinion regarding the relation between the public interest (as so perceived) and the matter, and, where appropriate, he shall also state how, in his opinion, an actual or potential conflict with that interest (as so perceived) arises or could arise; and(b) for the avoidance of doubt, it is hereby declared that unless he has made a declaration or disclosure under section 13 which is relevant to the matter, section 13(2)(b), (c) and (d) shall not apply as regards the matter. (Amended E.R. 6 of 2019) 15. Staff of Authority, consultants (1) (a) The Authority may, with the Chief Executive’s prior approval, appoint a person to be the Authority’s chief executive officer (the Chief Executive Officer). (Amended 36 of 1999 s. 3)(b) Subject to paragraph (c), the duties of the Chief Executive Officer shall include—(i) responsibility for the general management and administration of the Authority’s affairs; and(ii) the performance or exercise of such functions or responsibilities (if any) as are for the time being either assigned to him under section 3(6)(b)(ii) or this section or delegated to him under section 9.(c) The Authority may—(i) assign to the Chief Executive Officer a specified responsibility;(ii) direct that a function or a responsibility of the Chief Executive Officer and so specified (in either case) shall be performed or exercised by him only in a manner, or subject to conditions or modifications, so specified;(iii) direct that a function or responsibility described in subparagraph (ii) and so specified shall not be performed or exercised by the Chief Executive Officer.(d) An assignment or direction under paragraph (c) shall remain in force for such period as is specified at the time of the assignment or direction or, in case no period is so specified, until it is subsequently annulled by the Authority.(2) Subject to subsection (1), the Authority may appoint persons to be its officers or other employees.(3) The Authority shall not dismiss the Chief Executive Officer from his office as such nor suspend that officer from all or any of his duties as Chief Executive Officer, other than with the prior approval of the Chief Executive. (Amended 36 of 1999 s. 3)(4) Subject to the provisions of this section, each of the Authority’s officers (including the Chief Executive Officer) and the other employees of the Authority shall, as regards their employment, be paid such remuneration and allowances and shall hold their offices or employment on such other terms and conditions as the Authority may determine.(5) The Authority may make arrangements for or in respect of the provision and maintenance of such schemes (whether contributory or not) for the payment to or in respect of its employees of such retirement benefits, gratuities or other superannuation allowances as it may determine.(6) The Authority may from time to time engage such consultants or advisers as it may consider necessary or expedient. 16. The Land Grant (1) Any provision contained in the Land Grant which restricts or purports to restrict the assignment, parting with possession, subletting, mortgaging or otherwise charging, or other disposal of land by the Authority shall not be changed except with the prior consent of the Financial Secretary.(2) The Land Grant (批地文件) means—(a) an Agreement and Conditions of Grant made by the Director of Lands which specifies an area of land at or in the vicinity of Chek Lap Kok which it is thereby agreed will be leased to the Authority;(b) any contract between such director and the Authority which provides that such an agreement will be made,and the expression shall be construed as including a reference to the legal estate created by virtue of section 14 of the Conveyancing and Property Ordinance (Cap. 219) in the land to which such an agreement relates. 17. Documents of Authority (1) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Authority by any person generally or specially authorized by it for that purpose.(2) A document purporting to be duly executed under the seal of the Authority shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed. Part III Regulations, Directions etc. 18. Regulations—miscellaneous (1) The Chief Executive in Council may make regulations for all or any of the following purposes—(a) for securing (whether by requiring specified safeguards to be provided or specified steps to be taken or otherwise) the safe or secure operation, or the proper maintenance, of the Airport either generally or in a particular respect;(b) for prohibiting, restricting or otherwise controlling access, or otherwise controlling the movement of persons, animals, vehicles, vessels or other things to, at or within any specified part of the Airport Area or any 1 or more specified places in such area or to, at, within or in the vicinity of the Airport Area;(c) for securing the safety of persons or a specified class or description of persons who are within the Airport Area;(d) to prohibit or prevent—(i) hawking;(ii) the provision or offering of any service specified in the regulations;(iii) nuisances,within the Airport Area or within any specified part thereof or in any 1 or more specified places in such area;(e) to give effect to this Ordinance.(2) Regulations under this section may—(a) provide that contravention of specified provisions thereof shall be an offence and prescribe penalties therefor not exceeding level 5 and imprisonment for a term not exceeding 6 months;(b) if the regulations contain provisions relating to hawking, provide that all or any of the provisions of section 86, 86A, 86C or 86D of the Public Health and Municipal Services Ordinance (Cap. 132) shall, with such modifications as are specified in the regulations, apply to hawking to which the regulations under this section apply;(c) contain such provisions as the Chief Executive in Council shall consider requisite or expedient to make the regulations effective.(3) A prosecution for an offence under regulations under this section may be brought in the name of the Authority.(Amended 36 of 1999 s. 3) 19. Chief Executive may obtain information (1) The Authority shall supply the Chief Executive with such information relating to any of the Authority’s property or affairs as he may from time to time require.(2) The powers conferred on the Chief Executive by subsection (1) shall include power to require information to be supplied to him from time to time at such interval as shall be specified in the requirement and in case the Chief Executive so requires the requirement shall remain in force until it is withdrawn.(Amended 36 of 1999 s. 3) 20. Directions by Chief Executive in Council (1) (a) Notwithstanding section 6 and subject to subsection (3), the Chief Executive in Council may, if he considers the public interest so requires, give to the Authority such directions (in writing) as regards the performance of any of its functions as he considers appropriate; provided that such a direction shall not require the Authority to do, or omit to do, anything which would be wholly or partly inconsistent with any provision of this Ordinance other than section 6.(b) The Authority shall, as soon as practicable, comply with any direction under this section.(c) A direction under this section shall remain in force until it is withdrawn by the Chief Executive in Council. (Amended 36 of 1999 s. 3)(2) (a) Subject to paragraph (b), where compliance with a direction under this section results, or will result, in the Authority’s being—(i) unable to discharge (either wholly or partly) its duty to conduct its business according to prudent commercial principles; and(ii) unable to pay (either wholly or partly) a debt or otherwise being unable to discharge (either wholly or partly) any other of its legal obligations,then subject to subsection (3), the Government shall pay to the Authority an amount equal to such expenditure (including any loss) as has been reasonably incurred by the Authority by reason of such compliance and inability.(b) Where a direction under this section is given to the Authority (either wholly or partly) for the purpose of ensuring compliance with an international obligation, no amount shall be payable by the Government to the Authority in respect of any expenditure (including any loss) incurred by the Authority by reason of such compliance.(c) Where a direction under this section states that it is given (either wholly or partly, as may be appropriate) for the purpose of ensuring compliance with an international obligation, the direction shall for all purposes be taken to have been so given.(d) Any sum which is payable to the Authority by virtue of this section shall be charged on the general revenue and be paid out of that revenue to the Authority by the Director of Accounting Services.(3) (a) The decision to make an application for compensation under this section shall be made by, and only by, the Board.(b) Where an application referred to in paragraph (a) is made, the Authority shall give to the Financial Secretary such relevant information or other relevant particulars as he may require.(4) Nothing in this section shall be construed as enabling the Chief Executive in Council to give a direction under this section as regards any matter in relation to which the Director may exercise a power conferred by section 21 or as regards which the Chief Executive in Council has power under section 34. (Amended 36 of 1999 s. 3) 21. Directions as regards certain international obligations, or safeguarding civil aviation from unlawful interference or safety standards (1) (a) If the Director considers it appropriate to give a direction in order to discharge or facilitate the discharge of an international obligation regarding civil aviation which relates to purposes other than purposes specified in subsection (2)(a) or (b), he may, after consultation with the Authority, give the Authority a direction in writing requiring it to take or implement, discontinue, or desist from taking or implementing, any act, course of action or other measure which is specified in the direction.(b) Without affecting the generality of paragraph (a), a direction referred to in that paragraph may require the Authority—(i) to waive or refund the whole or as may be specified in the direction, a part or proportion so specified of any airport charge which is payable to the Authority by virtue of a scheme under section 34;(ii) to take such steps as are reasonably practicable to recover from the person in whose favour the waiver or refund was made the amount of any such charge to the extent that it was waived or refunded by the Authority pursuant to such a scheme,and in case a direction under this subsection is given so to recover any amount, notwithstanding the waiver or refund the amount shall be recoverable as a civil debt from the person in whose favour the waiver or refund was made.(2) Notwithstanding section 6 but subject to subsection (3), if the Director considers it appropriate for—(a) safeguarding civil aviation from unlawful interference; or(b) ensuring that the Airport is operated in accordance with safety standards which are, in his opinion, appropriate,he may give the Authority a direction in writing requiring it to take or implement, discontinue, or desist from taking or implementing, any act, course of action or other measure which is specified in the direction.(3) The Director shall consult the Authority before giving a direction under subsection (2) unless, in his opinion, the urgency of the particular circumstances render it impracticable to do so.(4) A direction under this section shall remain in force until the Director notifies the Authority in writing of its withdrawal.(5) The Authority shall comply with the requirements of a direction under this section for so long as it remains in force and pending the taking, determination or withdrawal of an appeal (if any) in relation thereto, the Authority shall so comply.(6) Where a direction is given under subsection (1), the question whether the direction was appropriate in order to discharge or facilitate the discharge of an international obligation to which the Director had regard in giving the direction shall not be raised in any legal proceedings.(7) (a) Subject to paragraphs (b) and (c), the Authority may appeal to the Financial Secretary against the giving of a direction under this section. (Amended L.N. 362 of 1997; L.N. 144 of 2022)(b) The grounds on which an appeal under this subsection as regards a direction under subsection (1) may be made include the grounds that all or any 1 or more of the direction’s provisions are unreasonable.(c) An appeal under this subsection as regards a direction under subsection (2) may be made only on the grounds that all or any 1 or more of the direction’s provisions are unreasonable.(d) Where the Financial Secretary allows an appeal under this subsection on the grounds of unreasonableness, he may amend the direction to which the appeal relates in such manner as he considers appropriate. (Amended L.N. 362 of 1997; L.N. 144 of 2022)(8) Subject to subsection (9), where a direction is given under this section, the Financial Secretary may, having regard to the cost (including loss) to the Authority of complying with the direction, in his absolute discretion, direct that an ex gratia payment, of such amount as he shall determine, be made to the Authority.(9) Section 20(3) applies with the necessary modifications to an application for an ex gratia payment under this section. 22. Times of emergency or public danger For the avoidance of doubt, nothing in this Ordinance shall be construed as affecting any provision of the Emergency Regulations Ordinance (Cap. 241) or the Emergency Powers (Extension and Amendment Incorporation) Ordinance (Cap. 251).(Amended E.R. 6 of 2019) Part IV Financial 23. Capital of Authority (1) The initial authorized share capital of the Authority is $36,648 million* divided into 366 480 shares of $100,000 each. (Amended 10 of 2004 s. 2)(2) The Financial Secretary may, after consulting the Authority, increase the capital of the Authority to an amount specified in an order published for the purposes of this subsection in the Gazette.(3) (a) Subject to paragraph (b), the Authority shall issue at par to the Government such number of shares as the Financial Secretary shall from time to time direct.(b) Where the notice referred to in section 24(2)(b) is received by the Authority, the Authority shall issue at par to the Government such number of shares as is appropriate having regard to the amount specified in the notice.(4) Where the Authority issues shares in accordance with subsection (3)(b) such issue shall operate to discharge the whole of the indebtedness created by section 24(1).(5) The Authority shall not issue shares otherwise than under this section.(6) The Legislative Council may, on the recommendation of the Financial Secretary made after he has consulted the Authority, by resolution provide for a reduction of the capital of the Authority in any way to an amount specified in the resolution. (Added 10 of 2004 s. 2)(7) A resolution made under subsection (6) may provide for matters ancillary to the matter specified in that subsection and, without limiting the generality of the foregoing, may provide—(a) for the distribution to the Government of the amount by which the capital is so reduced, and for the form and manner in which that distribution shall be effected;(b) where a distribution mentioned in paragraph (a) is in the form of non-cash assets, for the substitution of the Government for the Authority in any contract relating to such assets;(c) for the manner in which any amount received by the Government by way of a distribution mentioned in paragraph (a) shall be accounted for in the books of the Government; and(d) for the cancellation of any shares issued under this section. (Added 10 of 2004 s. 2) Editorial Note: * The authorized share capital is reduced to $30,648 million—see Cap. 483 sub. leg. I (L.N. 127 of 2004). 24. Initial debt (1) Subject to section 23(4), the Authority shall be indebted to the Government as regards the aggregate of the items of expenditure each of which is expenditure to which this section applies.(2) The following provisions shall apply as regards the indebtedness created by subsection (1)—(a) as regards expenditure to which this section applies the Financial Secretary—(i) shall ascertain the amount of the expenditure in such manner as he shall consider appropriate; and(ii) having ascertained the amount of the expenditure, may waive payment by the Authority of the whole or any part of it; and(b) having complied with the requirement of paragraph (a)(i) and having taken account of such waivers (if any) as have been made under paragraph (a)(ii), the Financial Secretary shall determine the aggregate of the ascertained expenditure and as soon as practicable thereafter shall specify the amount of that aggregate in a notice in writing which he shall cause to be given to the Authority.(3) When the whole of the indebtedness created by subsection (1) is discharged by virtue of section 23(4), the Financial Secretary shall give to the Authority a written certificate that such indebtedness no longer exists.(4) This section applies to any expenditure incurred directly or indirectly by the Government on, or in relation to, the Airport, or the Provisional Airport Authority during the period beginning on 1 November 1989, and ending on a day specified in a direction in writing given for the purposes of this subsection by the Financial Secretary. 25. Investment Funds of the Authority which are available for the time being for investment (otherwise than in the performance of a function conferred on the Authority by or under section 5, 7 or 30) may be invested in such classes or descriptions of investment as the Financial Secretary may in writing specify. 26. Dividends; profits (1) The Authority may declare and pay into the general revenue dividends on shares issued to the Government under section 23(3).(2) The Financial Secretary may, after consultation with the Authority and having had regard to the financial position of the Authority and its subsidiaries (if any) and to such other matters as he considers relevant in the circumstances, direct the Authority—(a) to declare and pay to the general revenue a dividend of an amount specified by him; and(b) to take such steps as are within the power of the Authority to procure the declaration and payment to the Authority by a subsidiary specified in the direction of a dividend of an amount or rate so specified.(3) A direction given by the Financial Secretary under subsection (2) may not require the Authority—(a) to declare or pay a dividend otherwise than out of the profits of the Authority which would be available for distribution were the Authority a company; or(b) to procure the declaration and payment of a dividend by a subsidiary otherwise than in accordance with the laws applying to it.(4) Where a direction is given under this section, the Authority shall comply with the direction and such a direction may require the moneys payable on account of the relevant dividend to be paid within a period and in a manner so specified in the direction. 27.

Reserve funds (1) Subject to subsection (2), the Authority may establish and maintain general and special reserve funds and credit thereto such sums as it thinks fit and make such disbursements therefrom as are consistent with this Ordinance.(2) (a) Where the Authority proposes to establish a general or special reserve fund it shall only do so with the prior approval of the Financial Secretary.(b) Subject to subsection (3), where the Financial Secretary, after consultation with the Authority and having had regard to the matters he is required to have regard to by section 26(2), so directs, the Authority shall—(i) carry the whole of the profits to which this subsection applies, or such part thereof as is specified in the direction, to the credit of such special reserve fund as is so specified; or(ii) pay to the general revenue the whole of any sum, or such part thereof as is so specified, being a sum standing to the credit of the reserve fund referred to in subparagraph (i).(3) Notwithstanding anything contained in this Ordinance or in any other enactment, at the Authority’s request the Financial Secretary may give an undertaking to, or make an agreement with, any person whereby the powers conferred under subsection (2)(b) or either of those powers shall not be exercisable in circumstances specified in the undertaking or agreement.(4) Subsection (2) applies to profits of the Authority which would be available for distribution were the Authority a company. 28. Borrowings, etc. (1) Subject to subsections (3) and (4), the Authority may, in such manner and on such terms and conditions as it thinks fit, borrow or otherwise raise money (including money in a currency other than the currency of Hong Kong).(2) Subject to subsection (4) and to section 23(5), the Authority may create and issue, either in the currency of Hong Kong or in any other currency, bonds, notes or other securities, or negotiable instruments.(3) The powers conferred by this section may only be exercised to provide the Authority with such sums or credits as it may require for—(a) performing the functions conferred on it by this Ordinance;(b) repaying, or facilitating the repayment of, money previously borrowed or otherwise raised by it and paying any interest on or any premium or other charge or incidental expense arising as regards such money; or(c) paying any money recoverable under section 29(7).(4) (a) The Chief Executive may issue a direction in writing given for the purposes of this section and directing the Authority not to borrow any sum (or its equivalent in a currency other than the currency of Hong Kong) which exceeds an amount specified in the direction without the prior written consent of the Financial Secretary. (Amended 36 of 1999 s. 3)(b) For so long as a direction under this subsection is in force the Authority shall comply with it.(5) Where a security or a negotiable instrument is created or issued by the Authority or such a security or instrument is transferred or assigned from one person to another, nothing in this or any other Ordinance or law shall be construed as requiring the Authority to supply a certificate or other document, or any other material thing, for such creation, issue, transfer or assignment to be effective.(6) In exercising the powers conferred on it by section 7 the Authority may acquire property under an agreement providing for the payment of the whole or part of the purchase price by instalments. 29. Guarantees etc. by Government (1) (a) The Legislative Council or its Finance Committee may from time to time by a resolution (an authorizing resolution) authorize the Financial Secretary to give, issue or make undertakings, guarantees and other agreements which relate to any or all of the following, namely, the financial affairs of the Authority or a subsidiary and the due discharge or due performance, or the fulfilment, by the Authority or a subsidiary of any liability or obligation of the Authority or a subsidiary.(b) An authorizing resolution shall continue in being unless and until the Legislative Council or, where appropriate, its Finance Committee resolves that it shall no longer so continue.(c) Any resolution under this section shall be proposed by the Financial Secretary.(2) (a) An authorizing resolution may require a particular undertaking, guarantee or other agreement referred to in subsection (1)(a), or any class or description of such undertakings, guarantees or other agreements specified in the resolution, to be given, issued, or made on terms (including terms permitting amendment) or conditions specified in the resolution.(b) The Interpretation and General Clauses Ordinance (Cap. 1) shall, in its application to a resolution under this section, be construed and have effect subject to the provisions of this section.(3) (a) Where authorized pursuant to subsection (1)(a), the Financial Secretary may (on behalf of the Government) give, issue or make an undertaking, guarantee or other agreement to which an authorizing resolution relates.(b) An undertaking, guarantee or other agreement referred to in paragraph (a) shall, subject to any requirement made pursuant to subsection (2)(a), contain such terms and conditions as the Financial Secretary thinks fit, and in addition to the foregoing and notwithstanding any inconsistency with this Ordinance or any other law of Hong Kong but subject to paragraph (c), any such undertaking, guarantee or other agreement may contain provisions—(i) limiting, regulating or otherwise affecting the performance by the Government or any public officer of any function (whether statutory or otherwise) performable by it or him and whether conferred on it or him by this Ordinance or otherwise;(ii) limiting, regulating or otherwise affecting the exercise of any discretion which is exercisable in relation to a function referred to in subparagraph (i);(iii) enabling the Financial Secretary (or any other public officer) to do or refrain from doing any act or thing which is specified in the provision and which, were the provision not made, he would be unable to do or, where appropriate, refrain from doing.(c) Paragraph (b) shall not be construed as enabling an undertaking, guarantee or other agreement to which it applies to contain a provision which either affects any criminal liability (whether extant or not) or in any other manner amends, whether expressly or by implication, the criminal law of Hong Kong.(4) Where the Legislative Council or its Finance Committee passes a resolution in exercise of the power conferred on it by subsection (1)(b), such resolution shall neither prejudice the validity of anything done pursuant to or under any undertaking, guarantee or other agreement the giving, issue or making of which was authorized by the relevant authorizing resolution nor shall it otherwise operate to affect in any other manner any undertaking, guarantee or other agreement so authorized and, accordingly, every such undertaking, guarantee or other agreement shall continue to have full force and effect.(5) Any sum required to fulfil or implement an undertaking, guarantee or other agreement under this section shall be charged on and paid out of the general revenue and any sum received by the Government in repayment of a sum so paid out, or for interest thereon, shall be paid into the general revenue.(6) Where money in a currency other than the currency of Hong Kong is payable under or pursuant to an undertaking, guarantee or other agreement under this section, the equivalent in the currency of Hong Kong of that money shall be the amount of Hong Kong currency needed for the purchase by or on behalf of the Government of the requisite non-Hong Kong currency.(7) Where moneys are paid under or pursuant to an undertaking, guarantee or other agreement under this section and are required to be repaid, the Financial Secretary may, to the extent that the following are not provided for in the undertaking, guarantee or other agreement, direct that the moneys shall be repaid at such times and in such instalments as the direction specifies (with, if the Financial Secretary directs, interest thereon at such rate or rates as the direction specifies).(8) The provisions of this section are in addition to, and are not to be construed as affecting, the provisions of section 30.(9) Where legal proceedings are instituted on account of an undertaking, guarantee or other agreement given, issued or made pursuant to this section, the Secretary for Justice may be named or joined as a party to the proceedings. (Amended L.N. 362 of 1997) 30. Power to hedge, etc. (1) The Authority may enter into any contract or other agreement, transaction or arrangement in connection with its financial affairs.(2) Without affecting the generality of subsection (1), a contract or other agreement or a transaction or arrangement referred to in that subsection may have as its object or purpose the elimination, amelioration, alleviation, reduction, counterbalancing, or covering in any other manner or making any other provision regarding, all or any of the consequences arising for the Authority from any 1 or more of the following, namely, the burden of interest, either arising for the Authority on its borrowings or so arising in relation to obtaining goods or services, changes in interest rates or currency values or exchange rates or any financial risk apart from the foregoing to which the Authority is, or may be, exposed.(3) Any currency to which a contract, or other agreement, or a transaction or arrangement referred to in subsection (1) relates may be a currency other than that of Hong Kong. 31. Audit Committee (1) There is hereby established a committee to be known as the “Airport Authority Audit Committee”. (Amended E.R. 6 of 2019)(2) (a) The Audit Committee shall consist of such number of members, not being less than 3, as the Authority shall determine.(b) The members of the Audit Committee shall be appointed by the Authority but neither the Chief Executive Officer nor any other employee of the Authority shall be so appointed.(c) The chairman of the Audit Committee shall be appointed by, and shall be a member of, the Authority.(d) The term of office of a member of the Audit Committee (including its chairman) shall be fixed by the Authority at the time of his appointment.(3) The Audit Committee shall hold so many meetings as are required to enable it to perform its functions.(4) The functions of the Audit Committee are—(a) to consider such matters relating either to the financial affairs of the Authority or to audits generally under section 32(3) or a particular such audit, as the Audit Committee considers necessary or desirable;(b) to consider any matter (whether financial or otherwise, including audits under section 32(3) or a particular such audit) referred to it by the Authority for consideration; and(c) such other functions (if any) as are delegated to it under section 9.(5) The Audit Committee may regulate its own procedure and business. 32. Accounts and audits; Authority’s report (1) (a) The Authority shall keep proper accounts and records of its transactions and shall within 4 months after the expiry of a particular financial year, or such longer period as the Financial Secretary may allow, prepare a statement of accounts.(b) A statement of accounts referred to in paragraph (a) shall include a profit and loss account for the financial year to which it relates, a cash flow statement as regards that financial year and also a balance sheet as on the last day of that financial year.(c) Where, as regards a particular financial year, there are for the time being 1 or more subsidiaries, a statement of accounts prepared pursuant to paragraph (a) shall include group accounts relating to the Authority and that or those subsidiaries.(2) A statement of accounts referred to in subsection (1)(a) shall give a true and fair view of each of the following, namely, the state of affairs of the Authority as at the end of the financial year to which the statement relates, its profit or loss and its cash flows for that financial year.(3) A statement of accounts referred to in subsection (1)(a) shall be audited by an auditor who shall make a written report thereon to the Authority.(4) (a) Subject to paragraph (b), the auditor by whom an audit required by subsection (3) is to be carried out shall be appointed by the Authority and any such appointment shall be subject to the Chief Executive’s approval. (Amended 36 of 1999 s. 3)(b) A person appointed under paragraph (a) shall not be—(i) a member or employee of the Authority;(ii) a member of the Audit Committee;(iii) a partnership of which any of the partners is either such a member or such an employee; or(iv) a company of which any of the directors is either such a member or such an employee.(c) The reference in paragraph (b) to a person shall not be construed as referring only to an individual.(d) Nothing in this subsection shall be construed as affecting section 20AAZZR(1) of the Accounting and Financial Reporting Council Ordinance (Cap. 588).(Amended L.N. 66 of 2022)(5) The Authority shall within 2 months of the receipt by it of the auditor’s report in respect of its accounts for a particular financial year, or such longer period as the Financial Secretary may allow, furnish to the Financial Secretary—(a) a report on the affairs of the Authority for that year;(b) a copy of its statement of accounts for that year; and(c) a copy of the auditor’s report for that year,and the Financial Secretary shall cause copies thereof to be laid on the table of the Legislative Council.(6) As regards each subsidiary, the Authority shall, as soon as practicable, send to the Financial Secretary a copy of the report on the subsidiary’s affairs and its audited statement of accounts (whether so called or not) for each of its financial years.(7) Nothing in this section shall be construed as affecting section 15 of the Audit Ordinance (Cap. 122). 33. Estimates etc. For the purposes of record, the Authority shall before the end of each financial year, send to the Financial Secretary—(a) an estimate of its expenditure and revenue for the next financial year together with its business plan for the period of 5 years beginning on the first day of the next financial year; and(b) its financial plan for the period of 5 years beginning on the first day of the next financial year covering in relation to that period its investments, its business forecast, its criteria for charges and its staffing. Part V The Airport 34. Airport charges etc. (1) The Authority may, in accordance with this section, make a scheme or schemes for determining airport charges.(2) Without affecting the generality of subsection (1), a scheme under this section may—(a) specify the amount of any airport charge or a scale of such charges by reference to which such amount is to be ascertained;(b) otherwise specify how the amount of any airport charge is to be ascertained or provide that airport charges shall be of such amount, not exceeding that specified in the scheme, as may be decided by the Authority;(c) provide for different airport charges for cases of such different descriptions as may be so specified;(d) specify the manner in which, the time at which and the person by and to whom any airport charge is to be or may be paid.(3) (a) Before making a scheme under this section, the Authority shall submit to the Chief Executive in Council for approval a draft of the proposed scheme together with a statement referred to in paragraph (d).(b) A submission under paragraph (a) shall be made through the Director and shall be accompanied by such relevant information (if any) as the Director considers appropriate and requires.(c) Where a submission under paragraph (a) is received by the Director, he shall forward it in accordance with paragraph (g) to the Chief Executive in Council together with such observations (if any) thereon as he considers appropriate.(d) The statement referred to in paragraph (a) is a statement—(i) specifying the date on and from which the charges, or the charges as varied, are intended to operate; and(ii) giving reasons for making the proposed scheme.(e) Where a scheme is submitted under this section for approval the following provisions shall apply—(i) if information required under paragraph (b) is not supplied by the Authority, the Chief Executive in Council may refuse to approve the scheme; and(ii) if the Chief Executive in Council, having regard either to an observation by the Director as regards the submission or such advice as the Chief Executive in Council considers appropriate, believes implementation of the scheme as proposed would, or would be likely to, result in a breach of an international obligation relating to civil aviation or hindrance of the implementation of such an obligation, the Chief Executive in Council shall refuse to approve the scheme; and(iii) if the Chief Executive in Council does not so believe, the scheme shall be approved.(f) In case the Chief Executive in Council refuses to approve a scheme submitted under this section, the Director shall, as soon as practicable, notify the Authority of the decision in writing.(g) Where a scheme is submitted for approval under this subsection, the Director shall forward the scheme to the Chief Executive in Council within the period of 60 days beginning on the date of submission or, if as regards the scheme such period has been extended pursuant to subsection (4), that period as so extended.(h) Where the Chief Executive in Council approves or refuses to approve a scheme submitted under this section, then, in so far as the decision related to a belief described in paragraph (e)(ii) (including the belief’s basis) or the absence of such a belief, it shall not be questioned in any legal proceedings. (Amended 36 of 1999 s. 3)(4) (a) If in the Director’s opinion it would in the particular circumstances be reasonable to do so, the Director may as regards a particular scheme under this section extend the period referred to in subsection (3)(g) by not more than 14 days.(b) Where a period has been extended under paragraph (a), the period may be still further extended by the Director by a period agreed to by the Authority and the Director.(c) Whenever the Director exercises the power conferred on him by paragraph (a), he shall as soon as practicable give to the Authority a written statement of the reasons why he exercised the power.(5) The Authority may make a scheme under this section if, and only if, the scheme has been approved by the Chief Executive in Council and in case the scheme is made, subject to subsection (6) it shall be in the terms so approved. (Amended 36 of 1999 s. 3)(6) (a) Where a scheme has been approved by the Chief Executive in Council the Director shall cause the scheme to be published as soon as practicable in the Gazette. (Amended 36 of 1999 s. 3)(b) A scheme under this section shall come into force on such day as may be specified in the scheme, not being earlier than the expiration of the period of 60 days beginning on the day on which the scheme is published in the Gazette; and a scheme made under this section may vary or revoke a previous scheme so made.(7) Where a charge is payable by virtue of a scheme under this section, it shall be the duty of the person to whom the charge is payable to charge accordingly; provided that if the Authority is directed by the Director in exercise of the power conferred on him by section 21(1)(b) to do so, it shall waive or, as may be appropriate, refund in accordance with the direction the whole of or, as may be appropriate, part of the charge.(8) For the avoidance of doubt, it is hereby declared that no enactment shall be construed as enabling airport charges (within the meaning of this Ordinance) to be determined, fixed, imposed or collected. (Amended E.R. 6 of 2019)(9) (a) This section shall not be construed as enabling the Authority to determine or levy a charge or fee which relates to any en route air navigation service.(b) For the avoidance of doubt, it is hereby declared that section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) does not apply to a scheme made under this section. (Amended E.R. 6 of 2019)(c) Notwithstanding anything contained (whether expressly or by implication) in any contract or other agreement to which the Authority is a party, airport charges shall only be made pursuant to and in accordance with a scheme under this section. 35. Airport bylaws (1) (a) The Authority may make bylaws for regulating the use and operation of the Airport and the conduct of all persons, or persons of a class or description specified in the bylaws, while within or on any 1 or more of the following—(i) the Restricted Area;(ii) that portion of the Airport Area no part of which is either—(A) in the Restricted Area; or(B) on any road or length of road;(iii) any road or length of road which is for the time being designated under section 36(4)(a) and which is so specified.(b) Bylaws under this section may apply to all or any 1 or more of the following—(i) any area or portion of an area referred to in paragraph (a); or(ii) any road or length of road so referred to,and the area or areas, road or roads or length or lengths of roads to which particular such bylaws apply are in this section referred to as the Bylaw Area.(2) Without affecting the generality of subsection (1), bylaws under this section may include provisions—(a) for securing the safety of aircraft, vehicles and persons using the Airport and preventing danger to the public arising from the use and operation of the Airport;(b) for preventing obstruction within the Bylaw Area;(c) for prohibiting, or restricting or otherwise controlling access to, or restricting or otherwise controlling the movement within, the Bylaw Area or any part thereof of persons, or animals, vehicles, vessels or other things;(d) for preserving order within the Bylaw Area and preventing damage to property within it;(e) for controlling or otherwise restricting or regulating advertising or the provision or use of decorations or signs within the Bylaw Area;(f) for requiring, subject to subsection (8), any person, if so requested by a person specified in subsection (10), to leave the Bylaw Area or any particular part of it, to move from one place in the Bylaw Area to another such place or to state his name and address and the purpose of his being within the Bylaw Area;(g) for securing the safe custody, redelivery and disposal of any property which, while not in proper custody, is found within the Bylaw Area and in particular—(i) for requiring charges to be paid in respect of any such property before it is redelivered; and(ii) for authorizing the disposal of any such property if it is not claimed or redelivered before the end of such period as may be specified in the bylaws; and(h) prohibiting, restricting or otherwise regulating—(i) hawking; or(ii) any service specified in the bylaws,within the Bylaw Area or within any specified part thereof or in or at any 1 or more specified places in such area.(3) (a) Subject to the Authority’s obtaining the prior approval of the Financial Secretary, bylaws under this section may, as regards any place whatsoever in the Bylaw Area or a place in that area which is specified in the bylaws, modify, restrict or otherwise regulate the exercise by any person of a power of entry conferred on him by any particular enactment (other than this Ordinance) specified in the bylaws. (Amended L.N. 362 of 1997; L.N. 144 of 2022)(b) Where bylaws described in paragraph (a) are for the time being in force, any power of entry to which the bylaws relate shall be exercisable subject to the provisions of the bylaws.(4) Section 18(2)(b) shall with the necessary modifications apply as regards bylaws under this section.(5) Bylaws under this section may provide that contravention of a specified provision of the bylaws shall be an offence and prescribe a penalty therefor not exceeding level 5 and imprisonment for a term not exceeding 6 months.(6) The Authority shall cause printed copies of all bylaws under this section which are for the time being in force to be kept at the Airport and to be available for sale to any person at a reasonable price.(7) A prosecution for an offence under a bylaw under this section may be brought in the name of the Authority.(8) An officer or other person shall not exercise a power exercisable by him under a bylaw under this section without producing written evidence of his authority and of his identity to a person affected by the exercise if required by that person to do so.(9) If there is an inconsistency between a bylaw under this section and a regulation under section 18, the regulation shall prevail or, where appropriate, the bylaw shall be construed and have effect subject to the regulation.(10) The persons referred to in subsection (2)(f) are—(a) a police officer;(b) any member of the Immigration Service who is either an immigration officer or an immigration assistant within the meaning of the Immigration Ordinance (Cap. 115);(c) any member of the Customs and Excise Service holding an office specified in Schedule 1 to the Customs and Excise Service Ordinance (Cap. 342);(d) any person holding a rank specified in the Sixth Schedule to the Fire Services Ordinance (Cap. 95);(e) a person who is for the time being appointed for the purposes of this section by the Authority in writing (which appointments the Authority is hereby authorized to make).(11) Bylaws made under this section shall be subject to the approval of the Legislative Council. 36. Vehicular traffic, etc. (1) The Road Traffic Ordinance (Cap. 374) shall not apply to the Restricted Area but in applying that Ordinance to the rest of the Leased Area regard shall be had to subsection (3).(2) (a) The Authority may by bylaws—(i) control or otherwise regulate vehicular traffic anywhere in the Restricted Area;(ii) control, otherwise regulate and otherwise make provision as regards vehicles in the Restricted Area and in particular the Authority may thereby restrict the parking of such vehicles or regulate the use of such vehicles for any purpose specified in the bylaws.(b) Bylaws under this subsection may apply to vehicles generally or to vehicles of a class or description specified in the bylaws.(3) (a) The Authority may, in relation to any road or length of road which is for the time being designated under subsection (4), make bylaws providing, as regards such road or length of road, for either or both of the following—(i) the application of such of the provisions of the Road Traffic Ordinance (Cap. 374) or subsidiary legislation thereunder as the bylaws specify with or subject to such modifications as are specified in the bylaws;(ii) the application of the bylaws (or any of their provisions which the bylaws specify) in lieu of such of the provisions of that Ordinance or subsidiary legislation as are so specified.(b) Bylaws under this subsection may also enable the Authority to exercise, in relation to any road or length of road to which the bylaws apply, or to vehicles or vehicular traffic thereon, any power similar to a power conferred on the Commissioner for Transport (the Commissioner) by the Road Traffic Ordinance (Cap. 374).(c) Where bylaws under this subsection are for the time being in force, the bylaws shall prevail over relevant provisions of the Road Traffic Ordinance (Cap. 374) or the relevant subsidiary legislation thereunder or, where appropriate in the particular case, such relevant provisions shall be construed and have effect subject to the bylaws.(4) (a) The Commissioner may designate any road or length of road which is within the Leased Area but located outside the Restricted Area and a designation under this paragraph may be made subject to such specified terms and conditions (if any) as the Commissioner considers appropriate.(b) The Authority may request the Commissioner—(i) to designate a road or length of road under this subsection;(ii) to withdraw a designation under this subsection.(c) A designation under this subsection shall remain in force until it is withdrawn by the Commissioner and any such withdrawal shall, unless it is withdrawn at the Authority’s request, be made only after consultation with the Authority.(5) In case a designation under subsection (4) is made on the Commissioner’s volition or a request under that subsection is refused, or the designation is made subject to terms or conditions or such a designation is withdrawn under subsection (4)(c)—(a) the Commissioner shall give to the Authority in writing the reasons for his decision; and(b) having been given such reasons the Authority may appeal to the Financial Secretary against the decision. (Amended L.N. 362 of 1997; L.N. 144 of 2022)(6) Subsections (5), (6), (7), (8), (9) and (11) of section 35 apply to bylaws under this section as they apply to bylaws under that section. 37. Map of Airport Area etc. (1) The Director, after consultation with the Authority, may by an order published in the Gazette describe and delineate by reference to a map (a copy of which shall be made available by the Authority for public inspection at any reasonable time) the Airport Area and the Restricted Area.(2) Unless the contrary is proved, an order under this section shall, for the purposes of this Ordinance or any legal proceedings (including a prosecution under this Ordinance), be taken to indicate accurately the location, extent and boundaries of any area thereby described and delineated. Part VI Miscellaneous 38. Inspectors (1) (a) The Chief Executive in Council may make regulations providing for the appointment by the Chief Executive of persons to be inspectors for the purposes referred to in subsection (3) (an inspector). (Amended 36 of 1999 s. 3)(b) Regulations under this section may enable inspectors to enter aircraft, vehicles, vessels and premises and to carry out searches.(2) An inspector who is not a public officer may be paid, as a fee for his services, such amount as shall be determined for the time being for the purposes of this section by the Financial Secretary and any such fees shall be paid out of moneys provided for those purposes by the Legislative Council.(3) The powers conferred on an inspector by regulations under this section shall be exercised only as follows—(a) for a purpose of regulations made under section 18(1) provided it is a purpose mentioned in paragraph (a) or (c) of that section;(b) for the purpose of enforcing a requirement made under section 39.(4) An inspector shall be furnished with a copy of his appointment under subsection (1) and when exercising any power under this Ordinance shall, if requested by any person thereby affected, produce the copy for his inspection together with evidence of the inspector’s identity.(5) In exercising a power of entry or search conferred by regulations under this section an inspector may be accompanied by such persons as he reasonably considers are required to assist him in making the search.(6) Section 18(2)(a) and (c) and (3) applies to regulations made under this section as they apply to regulations made under section 18. (Amended E.R. 6 of 2019) 39. Financial Secretary may require defects remedied (Amended L.N. 144 of 2022)(1) Where in the opinion of the Financial Secretary— (Amended L.N. 144 of 2022)(a) the physical condition of the Airport or the condition of any vehicle, vessel, machinery or other plant or equipment in any place in the Airport Area is defective; and(b) because of any such condition there is, or is likely to be, a risk of injury to persons within the Airport Area,the Financial Secretary may require the Authority to execute or implement, or cause to be executed or implemented, such works or measures (being works or measures which the Authority has power to execute or implement or cause to be executed or implemented) as are specified in the requirement and which he considers will ensure that such risk or likelihood of risk is eliminated or significantly reduced. (Amended L.N. 362 of 1997; L.N. 144 of 2022)(2) (a) A requirement under this section may specify either or both of the following—(i) the time not later than which the works or measures specified therein are to be commenced or put in hand;(ii) the time not later than which such works or measures are to be completed or completely implemented.(b) The Authority shall comply with a requirement made under this section.(3) If the Authority fails, without reasonable excuse, to comply with a requirement under this section, the Authority commits an offence and is liable to a fine of $150,000 and to a further fine of $15,000 for each day after the first on which the offence is continued.(4) The following provisions shall apply as regards a document which purports to be a copy of a requirement under subsection (1)—(a) the document shall be admitted without proof in proceedings for an offence under this section; and(b) in any such proceedings such an admission shall raise a rebuttable presumption that a requirement in the terms of the copy was properly made under this section. 40. Detention etc. of aircraft (1) Where default is made in the payment of any charges, payable to the Authority or to a subsidiary, whether incurred in respect of an aircraft or otherwise, the Authority may, subject to the provisions of this section—(a) detain, pending payment, either—(i) an aircraft in respect of which the charges were incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins); or(ii) any aircraft of which the person in default is the operator at the time when the detention begins; and(b) if the charges are not paid within the period of 60 days beginning on the day when the detention begins, sell the aircraft in order to satisfy them.(2) The Authority shall not detain or continue to detain an aircraft under this section by reason of any alleged default in the payment of charges if the operator of the aircraft or any other person claiming an interest therein—(a) disputes that the charges, or any of them, are due or, if the aircraft is detained under subsection (1)(a)(i), that the charges in question were incurred in respect of that aircraft; and(b) gives to the Authority, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due.(3) The Authority shall not sell an aircraft under this section without the leave of the court, and the court shall not give such leave except on proof that—(a) a sum is due to the Authority or a subsidiary for charges;(b) default has been made in the payment thereof; and(c) the aircraft which the Authority seeks leave to sell is liable to sale under this section by reason of the default.(4) (a) Where the Authority proposes to apply for leave to sell an aircraft under this section, it shall take such steps as may be specified in rules of court made for the purposes of this section—(i) for bringing the proposed application to the notice of persons having an interest who might be affected were such leave given; and(ii) for affording to any such person an opportunity of becoming a party to the proceedings should the application be made.(b) Where leave is given by the court to sell an aircraft under this section, the Authority shall ensure that the aircraft is sold for the best price that can reasonably be obtained.(5) Failure to comply with any requirement of subsection (4) in respect of a sale of an aircraft, while actionable as against the Authority at the suit of any person suffering loss in consequence thereof, shall not, after the sale has taken place, be a ground for impugning its validity.(6) The proceeds of any sale of aircraft under this section shall be applied as follows, and in the following order, namely—(a) in payment of any duty payable on imported goods under the Dutiable Commodities Ordinance (Cap. 109) or any other tax or any charge due to the Government which is due in consequence of the aircraft’s having been brought into Hong Kong;(b) in payment of the expenses incurred by the Authority in detaining, keeping and selling the aircraft, including its expenses in connection with the application to the court;(c) in payment of any charges which the court has found to be due to the Authority or a subsidiary,and the surplus, if any, shall be paid to or among the person or persons whose interests in the aircraft have been divested by reason of the sale.(7) The power of detention and sale conferred by this section in respect of an aircraft extends to the equipment of the aircraft and any stores for use in connection with its operation (being equipment and stores carried in the aircraft) whether they are or are not the property of the person who is its operator, and references to the aircraft in subsections (2) to (6) include, except where the context otherwise requires, references to any such equipment and stores.(8) The power of detention conferred by this section in respect of an aircraft extends to any aircraft documents carried in it, and any such documents detained by virtue of this subsection may, if the aircraft is sold under this section, be transferred by the Authority to the purchaser.(9) The power conferred by this section to detain an aircraft may be exercised on any occasion when the aircraft is within the Airport Area.(10) Nothing in this section shall be regarded as limiting or otherwise affecting any right or cause of action or other remedy, apart from this section, by or on account of which the Authority or any other person may recover any charges, or any part thereof, in legal proceedings.(11) (a) The Authority may make an agreement in writing with any public officer (acting on behalf of the Government) to apply this section as regards charges which are of a kind specified in the agreement.(b) For so long as an agreement under this subsection is in force the first reference to the Authority in subsection (1) and each of the references to the Authority in subsections (3)(a) and (6)(c) shall be construed as including a reference to the person to whom the charges specified in the agreement are payable.(12) In this section—aircraft documents (飛機文件), in relation to any aircraft, means any certificate of registration, insurance, maintenance or airworthiness of that aircraft, any log book or permit relating to the use of that aircraft or its equipment and any similar document;charges (費用) includes fees and also any amount of money whether or not in the particular case it was referred to as charges or fees;the court (法院) means the Court of First Instance. (Amended 25 of 1998 s. 2) 41. Agreements regarding Government services Notwithstanding anything contained in any other enactment, the Authority and a public officer may (on behalf of the Government) make agreements as regards 1 or more Government services specified in a particular agreement and without affecting the generality of the foregoing an agreement under this section may specify by whom and to whom charges in respect of all or any of the services to which the agreement relates shall be payable. 42. Collection of en route air navigation service charges (1) The Director may authorize the Authority to collect, on his behalf, any en route air navigation service charges from persons by whom the charges are payable and to issue on such behalf receipts for any charges so collected.(2) Where an authorization under subsection (1) is for the time being in force, the Authority may charge the Director a collection fee the rate of which shall, subject to subsection (3), be agreed between the Authority and the Director.(3) Collection fees made under subsection (2) shall not exceed in amount the costs reasonably incurred by the Authority in collecting the charges to which the collection fees relate. 43. Power to detain persons (1) Any regulations under section 18 or bylaws under section 35 or 36 may—(a) authorize persons who are of a class or description specified in the regulations or bylaws to detain any person (a detainee) who is in—(i) any place to which the regulations or, as the case may be, the bylaws apply; or(ii) any other place within the Leased Area,being a (prospective) detainee whom any such person reasonably believes has, or suspects of having, contravened or attempted to contravene a provision of this Ordinance or a provision of any such regulation or bylaw, and to keep the detainee in detention until he is delivered (as expeditiously as is reasonably practicable in the particular circumstances) into custody in accordance with paragraph (b);(b) authorize such persons to deliver a detainee into the custody of—(i) in case the detainee is detained in a place described in paragraph (a)(i), any person who is a person described in section 35(10)(a), (b), (c) or (d); and(ii) in case the detainee is detained in a place described in paragraph (a)(ii), a police officer;(c) authorize any such person, either for the purpose of effecting such a delivery or otherwise, to remove a detainee from the Leased Area or to move a detainee from any particular part of it to another such part (if necessary in any case by the use of reasonable force).(2) Where a detainee is delivered into the custody of another person pursuant to subsection (1), an action for false imprisonment shall not lie against that or any other person by reason only of the acceptance of such custody and the consequent detention of the detainee so delivered. 44. Public place (1) For the avoidance of doubt, it is hereby declared that any place within the Airport Area is a public place within the meaning of both section 2 of the Public Order Ordinance (Cap. 245) and section 2 of the Summary Offences Ordinance (Cap. 228). (Amended E.R. 6 of 2019)(2) A permission given by the Authority shall be deemed to be a lawful authority within the meaning of section 2(1) of the Summary Offences Ordinance (Cap. 228). 45. Immunity No personal liability shall be incurred by a member of the Authority in respect of anything done, or omitted to be done, by him in good faith in relation to the performance or purported performance of any function under this Ordinance (including a function duly delegated or sub-delegated under this Ordinance). 46. Building works etc. exemptions The Building Authority may—(a) having regard to the exceptional nature of building or other works connected with the construction or operation of the Airport; and(b) on such conditions as he may specify, either generally or in any particular case,exempt from such of the provisions of the Buildings Ordinance (Cap. 123) as he thinks fit such of those works as he may specify, but save as aforesaid the Buildings Ordinance (Cap. 123) shall apply to any building or other works carried out by or on behalf of the Authority. 47. Consequential amendments (1) As regards any enactment referred to in the Schedule the Chief Executive in Council may by order published in the Gazette make such amendments thereto, being amendments for the purpose of enabling this Ordinance to have effect or amendments which are consequential on its enactment, as shall seem to him to be requisite or expedient.(2) The Chief Executive in Council may by order published in the Gazette amend the Schedule.(Amended 36 of 1999 s. 3) 48. Public Health and Municipal Services Ordinance (Cap. 132)—application limited In its application to the Authority or the Airport Area (or any place or thing in that area) the Public Health and Municipal Services Ordinance (Cap. 132) shall apply subject to the following modifications, namely, none of the following enactments applies as regards any sign or advertisement published, erected or otherwise provided in or at any place in the Airport Area— (Amended E.R. 6 of 2019)(a) sections 104A to 105 of that Ordinance;(b) regulations under section 104 of that Ordinance. 49. (Omitted as spent—E.R. 6 of 2019) 50. (Omitted as spent—E.R. 6 of 2019) Schedule [s. 47]Enactments which may be Amended under Section 47 1. Road Traffic Ordinance (Cap. 374)