Cap. 208 sub. leg. A

Country Parks and Special Areas Regulations(Cap. 208, section 26) [1 September 1977](Format changes—E.R. 2 of 2012) 1. Citation These regulations may be cited as the Country Parks and Special Areas Regulations. 2. Interpretation In these regulations, unless the context otherwise requires—arms (槍械) includes—(a) any firearm of any description from which any shot, bullet or other missile can be discharged;(b) any air gun, air rifle or air pistol from which any shot, bullet or other missile can be discharged; and(c) any propelling or releasing instrument or mechanism from or by which any shell, cartridge or projectile can be discharged, including a bow and arrow or catapult;attendant (管理員) means any person appointed by the Authority as an attendant under regulation 16A(1); (L.N. 63 of 2005)authorized officer (獲授權人員) means any person appointed by the Authority as an authorized officer under regulation 16;designated barbecue site (指定燒烤地點) and designated camping site (指定露營地點) means a barbecue site or camping site designated by the Authority under regulation 14;hunting or trapping appliance (獵捕或陷阱類器具) means any net, gin, snare, poison or poisoned weapon, bird lime, trap or bright light;opening hours (開放時間), in relation to a specified zone, means the days on which, and the hours during which, the zone is open to the public as shown in a notice displayed under regulation 13A(1)(b); (L.N. 63 of 2005)plant (植物) includes—(a) timber, trees and shrubs; and(b) leaves, roots, flowers, fruit, tubers, bulbs, corms, stocks, cuttings, layers, slips, suckers, seeds and any part of a plant;road (道路) includes every highway, thoroughfare, street, lane, alley, court, square, archway, passage, path, way and place to which the public have access, either continuously or intermittently and either of right or by licence, whether the same be the property of the Government or otherwise; (29 of 1998 s. 105)soil (土壤) includes earth, sand, clay and peat;specified zone (指明區域) means a country park or special area, or part of a country park or special area, set out in Schedule 2; (L.N. 63 of 2005)vehicle (車輛) means any vehicle, whether mechanically propelled or otherwise, intended or adapted for use on roads and includes a rickshaw but does not include a perambulator or any conveyance for use solely on railways or tramways. 3. Application These regulations shall apply to country parks and special areas. 4. Prohibition on bringing vehicles into country parks and special areas (1) Subject to subregulation (2), no person shall, except with the consent of the Authority, bring into a country park or special area any vehicle or bicycle, or drive, use or be in possession of any vehicle or bicycle within a country park or special area.(2) Subregulation (1) shall not apply—(a) to any person driving, using or in possession of a vehicle or bicycle on any road designated by the Authority for such purposes and so marked by him or in any car park so designated; or(b) to any person riding a bicycle within a country park or special area if he is ordinarily resident within the park or special area.(3) Any person who parks a vehicle in a car park designated by the Authority shall pay such fee as is prescribed in Schedule 1. (L.N. 63 of 2005)(4) No person shall, without the consent of the Authority, drive a vehicle into, or leave a vehicle parked in, a car park designated by the Authority if the Authority—(a) has closed the car park to the public; and(b) has displayed, in a prominent position in or at the entrance to the car park, a notice in English and in Chinese of the closure. (L.N. 63 of 2005) 5. Prohibition on bringing cattle, sheep, goats, etc. into country park or special area (1) Subject to subregulation (2), no person shall, except in accordance with a permit in writing granted by the Authority, bring into any country park or special area or have control of within such park or area, any cattle, equines, sheep, goats, pigs, dogs, cats or poultry.(2) Subregulation (1) shall not apply—(a) to a person who brings into a country park or special area a dog and who keeps the dog under control while within the country park or special area;(b) to a person who rides or leads a horse along a path or track approved by the Authority for such purpose and so marked by him;(c) to a person who, being ordinarily resident within a country park or special area, keeps any cattle, equines, sheep, goats, pigs, dogs, cats or poultry on his own land or on land over which he has a right to graze such animals or poultry. 6. Prohibition on carrying hunting or trapping appliances or arms No person shall, except in accordance with a permit in writing granted by the Authority, within any country park or special area, carry, have in his possession, or discharge any hunting or trapping appliance or arms. 7. Control of fires etc. (1) No person shall within a country park or special area—(a) carry or have in his possession any lantern, cooking stove or other similar apparatus which uses flame except in a designated barbecue site or a designated camping site or when travelling from the country park or special area boundary to such designated site or from such site to the entrance;(b) carry or have in his possession any flare, flame-gun, fire-balloon or other similar device;(c) light, or use any fire, or be a member of a group which uses any fire, whether or not lit by any person in the group, except in a designated barbecue site or in a designated camping site; or(d) discard any match, lighted cigarette, pipe ash or other substance in a manner likely to cause a fire.(2) The Authority may, if he considers it necessary in the interests of good management so to do, prohibit the lighting or the use of fire in any country park or special area or part thereof, including any designated barbecue site or a designated camping site and display notices of such prohibition in English and in Chinese in such prominent positions as he shall determine.(3) Subregulation (1)(a) and (c) shall not apply to any person who, being ordinarily resident within a country park or special area—(a) has in his possession any lantern, cooking stove or other similar apparatus which uses flame within his dwelling place or its curtilage;(b) carries any lantern, cooking stove or other similar apparatus which uses flame from the boundary of the country park or special area to his dwelling house or from his dwelling house to such entrance;(c) lights or uses any fire within his dwelling house or its curtilage. 8. Protection of vegetation and soil (1) Subject to subregulation (2), no person shall within a country park or special area, except in accordance with a permit in writing granted by the Authority—(a) cut, pick or uproot any plant or part of a plant, whether living or dead;(b) dig, cultivate or disturb the soil; or(c) sow or plant any seeds or plants, whether as a crop or not.(2) Subregulation (1) shall not apply to a person who cuts, picks, uproots, digs, cultivates or disturbs any plant, part of a plant or soil or who sows or plants any seeds or plants under a Government lease or a licence or permit granted under the Land (Miscellaneous Provisions) Ordinance (Cap. 28) or a licence or lease issued by the Commissioner of Mines. (29 of 1998 s. 53; 34 of 2000 s. 3) 9. Control of trading (1) No person shall, except in accordance with a permit in writing granted by the Authority—(a) bring into or allow to remain in any country park or special area any commodity or article which is intended or is likely to be sold or let on hire;(b) within any country park or special area sell, or offer or expose for sale, or let on hire, or offer or expose for letting on hire, any commodity or article.(2) Where an authorized officer believes that any person is likely to act in contravention of subregulation (1)(a) he may take such steps as are reasonably necessary to prevent that person from bringing in or allowing to remain in any country park or special area any commodity or article.(3) The Authority or an authorized officer may remove any person from a country park or special area if he has reason to believe that such person has contravened subregulation (1). 10. Prohibition on displaying signs, erecting buildings (1) No person shall, within a country park or special area except in accordance with a permit in writing granted by the Authority—(a) display any sign, notice, poster, banner or advertisement;(b) construct or erect any building, hut or shelter or excavate any cave;(c) construct or excavate any grave or deposit any human body in any grave so constructed or excavated; or(d) deposit any urn containing human remains.(2) Where there has been a contravention of subregulation (1)(a) or (b), the Authority may remove any sign, notice, poster, banner, advertisement, building, hut or shelter or fill in any cave. 11. Control of meetings and various activities (1) No person shall within a country park or special area, except in accordance with a permit in writing granted by the Authority—(a) hold any public meeting or sporting competition, make any public speech or address any public meeting;(b) hold any event organized for the purpose of raising funds, whether for charity or otherwise; or(c) carry on any activity for the purpose of, or incidental to, any business, except where such activity is otherwise permitted under these regulations.(2) No person shall within a country park or special area—(a) play any competitive team game; or(b) operate any power driven model boat, power driven model aeroplane or power driven model vehicle;except in any area approved for the purpose by the Authority and marked by him with signboards and markers.(3) No person shall camp or erect a tent or temporary shelter within a country park or special area except—(a) in accordance with a permit in writing granted by the Authority; and(b) in a designated camping site. 12. Prevention of nuisances (1) No person shall within a country park or special area—(a) wilfully or negligently deface, injure, soil or defile any notice, marker, fence, building, shelter, equipment or installation erected, used or maintained by the Authority;(b) wilfully or negligently obstruct or pollute in any way any stream, water course, pool or body of water;(c) deposit any litter, paper or rubbish, except into the bins or containers provided for such purpose;(d) cause a public disturbance, behave in an offensive or indecent manner or be otherwise than properly clothed;(e) spit, except into a latrine or into a channel or drain provided for the carriage of sewage, sullage, waste water or excretal matter;(f) be under the influence of drugs;(g) to the annoyance of any other person operate or play, or make any sounds on, any musical or other instrument, including any gramophone or radio apparatus, or sing any song or shout;(h) beg or gather alms or, for the purpose of gathering alms, expose or exhibit any sores, wounds or bodily ailments or deformity. (41 of 1980 s. 50)(2) No offence under subregulation (1)(b) is committed by a person who makes a discharge or deposit under and in accordance with a licence under the Water Pollution Control Ordinance (Cap. 358). (41 of 1980 s. 50; 67 of 1990 s. 23) 13. Closure of country parks and special areas (1) The Authority may, if he considers it necessary in the interests of good management, close to the public the whole or any part of a country park or special area.(2) A closure under subregulation (1) shall be effected by the Authority displaying in such prominent positions as he shall determine notices in English and in Chinese prohibiting entry to the park or area or to the part thereof that has been closed.(3) Subject to subregulation (6), where a notice has been displayed under subregulation (2), no person shall—(a) enter the country park or special area, or part thereof, that has been closed;(b) remain in such park, area or part after being requested to leave by the Authority or an authorized officer; or(c) knowingly remain in such park, area or part more than 12 hours after the time when the notice was displayed.(4) During the period when a country park or special area or part thereof is closed any permit granted by the Authority under these regulations and relating to that park or area, or part thereof, shall be suspended.(5) Where a closure under subregulation (1) has extended, or is likely to extend, beyond a period of 4 weeks, the Authority shall publish in the Gazette a notice of the closure.(6) Subregulation (3) shall not apply to any person ordinarily resident in the country park or special area, or part thereof, which has been closed.(7) This regulation does not apply in relation to any specified zone. (L.N. 63 of 2005) 13A. Control of entry into specified zones (1) The Authority shall—(a) determine the days on which, and the hours during which, a specified zone is open to the public; and(b) display, in a prominent position in or at the entrance to the zone, a notice in English and in Chinese showing the days and hours so determined.(2) The Authority—(a) may, notwithstanding subregulation (1), close a specified zone, or any part of a specified zone, to the public for such purposes and reason as he thinks fit; and(b) shall, on exercising the power under paragraph (a), display, in a prominent position in or at the entrance to the zone, a notice in English and in Chinese of the closure.(3) The Authority—(a) may designate and set aside any area within a specified zone as a reception area; and(b) shall, on exercising the power under paragraph (a), display, in a prominent position in or at the entrance to the zone, a notice in English and in Chinese showing the area so designated.(4) Subject to subregulation (6), no person shall, except in accordance with a permit in writing granted by the Authority—(a) enter a specified zone outside the opening hours of the zone;(b) remain in a specified zone outside the opening hours of the zone after being requested to leave by the Authority, an authorized officer or an attendant;(c) enter a specified zone, or any part of a specified zone, that has been closed in accordance with subregulation (2); or(d) remain in a specified zone, or any part of a specified zone, that has been closed in accordance with subregulation (2) after being requested to leave by the Authority, an authorized officer or an attendant.(5) Subject to subregulations (6) and (7), no person shall enter a specified zone unless—(a) the person has, before entering the zone, paid—(i) the admission fee for the entry by that person, set out in Schedule 3; or(ii) if that admission fee has been reduced under regulation 18A, the admission fee as reduced; or(b) as a result of a waiver under regulation 18A, the person may enter the zone without paying the admission fee.(6) Subregulations (4) and (5) do not apply to any person who is authorized by the Authority to—(a) assist in the management of the specified zone, or any part of the zone; or(b) carry out any construction, operation or maintenance works, or research, within the specified zone, or any part of the zone.(7) Subregulation (5) does not apply in relation to a reception area of the specified zone as shown in a notice displayed under subregulation (3)(b).(L.N. 63 of 2005) 14. Designated barbecue sites and camping sites The Authority may designate and set aside any place within a country park or special area to be a barbecue site or camping site. 15. Powers of inspection and seizure (1) A person to whom a permit under these regulations is granted shall, on being so required by the Authority or an authorized officer, produce the permit for inspection, together with means of identification.(2) Where the Authority or an authorized officer has reason to believe that a person has committed an offence under these regulations he may seize any commodity, article or animal (other than a vehicle), whether in the possession of such person or not, in respect of which the Authority or the authorized officer has reason to believe that the offence was committed.(3) Any animal seized under subregulation (2) shall be impounded under the Pounds Ordinance (Cap. 168) as if it were a stray animal.(4) Where any commodity or article has been seized under subregulation (2) it shall, if perishable, be disposed of by the Authority, but otherwise shall be dealt with in accordance with section 102 of the Criminal Procedure Ordinance (Cap. 221). 16. Authorized officers The Authority may appoint any public officer or class of public officer to be an authorized officer for the purposes of these regulations; and an authorized officer shall have such powers and discharge such duties as are conferred on or imposed on authorized officers under these regulations. 16A. Attendants (1) The Authority may appoint any person to be an attendant of a specified zone for the purposes of these regulations; and an attendant shall have such powers and discharge such duties as are conferred on or imposed on attendants under these regulations.(2) The Authority shall issue to each attendant an identification document that—(a) gives the name of the attendant to whom it is issued; and(b) states that it is issued by or on behalf of the Authority under these regulations.(3) When exercising a power or discharging a duty under these regulations, an attendant shall, if requested to do so, produce for inspection the identification document issued to him in accordance with subregulation (2).(L.N. 63 of 2005) 17. Obstruction Any person who obstructs the Authority or an authorized officer in the lawful exercise of any power conferred by or the lawful discharge of any duty imposed under these regulations commits an offence and is liable to a fine at level 2.(E.R. 2 of 2012) 18. Permits (1) An application for a permit under these regulations shall be made in writing to the Authority and shall be accompanied by the appropriate fee prescribed in Schedule 1, except where a permit is to be issued free of charge. (L.N. 63 of 2005)(2) Upon receipt of an application under subregulation (1) and upon payment of the fee (if any), the Authority may—(a) grant a permit, subject to such conditions as he thinks fit; or(b) refuse to grant a permit.(3) A permit shall be valid for such period as may be stated thereon.(4) A permit shall be revoked if the holder thereof—(a) contravenes any regulation, whether or not he is convicted of an offence under these regulations;(b) contravenes or fails to comply with any condition subject to which the permit was granted.(5) If the Authority is satisfied that a permit has been lost, destroyed or accidentally defaced, he may issue a duplicate thereof for which, in the case of a permit for which a fee is charged, he shall pay either the original fee, as specified in Schedule 1 or $50, whichever is the less. (L.N. 63 of 2005)(6) Any person who is aggrieved by the refusal, revocation or suspension of a permit may, within 14 days after the receipt of the notice of refusal, revocation or suspension appeal in writing to the Chief Secretary for Administration, who may confirm, vary or set aside such refusal, revocation or suspension. (L.N. 362 of 1997)(7) The grant by the Authority of a permit to any person in respect of any act or thing done under these regulations shall be without prejudice to any other licence, permit or consent which that person may be required to obtain under any other enactment. 18A. Reduction, waiver or refund of fees The Financial Secretary or any public officer under his delegated authority may generally or in a particular case reduce, waive or refund, in whole or in part, any fee payable under regulation 4(3) or 13A(5)(a)(i).(L.N. 63 of 2005) 19. Application to public servants, members of Chinese People’s Liberation Army and waterworks contractors (2 of 2012 s. 3)(1) These regulations shall not apply to, and regulation 4 shall not apply in respect of a vehicle or bicycle being used by—(a) any person in the public service of the Government while he is within a country park or special area acting in the course of his duties;(aa) any member of the Chinese People’s Liberation Army while he is within a country park or special area acting in the course of his duties; (2 of 2012 s. 3)(b) any person, not being a person in the public service of the Government or a member of the Chinese People’s Liberation Army, who is authorized by the Water Authority to carry out the construction, operation or maintenance of waterworks within a country park or special area.(2) In this regulation person in the public service of the Government (政府公共服務人員) means a person who is— (2 of 2012 s. 3) (a) a public officer; or (b) (Repealed 2 of 2012 s. 3) (c) a member of—(i) (Repealed 20 of 1997 s. 25)(ii) the Government Flying Service;(iii) the Hong Kong Auxiliary Police Force; (L.N. 362 of 1997)(iv) the Essential Services Corps; (57 of 1997 s. 34)(v) the Auxiliary Medical Service; (57 of 1997 s. 34; 58 of 1997 s. 34)(vi) the Civil Aid Service. (58 of 1997 s. 34)(2 of 2012 s. 3) 20. Offences and penalties (1) Any person who contravenes regulation 4, 5, 6, 8, 9, 10, 11, 12(1)(a), (b), (d), (f), (g) or (h) or 13(3) commits an offence and is liable to a fine at level 1 and to imprisonment for 3 months and, where the offence is a continuing offence to an additional fine of $100 for each day during which the offence has continued. (23 of 2023 s. 5)(2) Any person who when driving a vehicle or riding a bicycle or horse within a country park or special area refuses or wilfully fails to stop when called upon to do so by an authorized officer acting in the course of his duties commits an offence and is liable to a fine at level 1 and to imprisonment for 3 months.(3) Any person who contravenes regulation 7(1) or, when the Authority has prohibited the use of fire under regulation 7(2), any person who lights or uses any fire in any country park or special area in contravention of such prohibition, commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 1 year.(3AA) Any person who contravenes regulation 12(1)(c) or (e) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 3 months and, where the offence is a continuing offence, to an additional fine of $100 for each day during which the offence has continued. (23 of 2023 s. 5)(3A) Any person who contravenes regulation 13A(4) or (5) commits an offence and is liable to a fine at level 1. (L.N. 63 of 2005)(4) If a person who is required under regulation 15(1) to produce a permit fails, without reasonable excuse, to do so, that person commits an offence and is liable to a fine at level 1.(E.R. 2 of 2012) Schedule 1 [regs. 4 & 18](L.N. 63 of 2005)Fees Regulation Description Fee 4(3) Fee for parking a vehicle in a designated car park in— (a) a country park or special area (except the special area known as the Hong Kong Wetland Park) Nil (b) the Hong Kong Wetland Park— (i) in the case of a vehicle that is a bus, or light bus, within the meaning of section 2 of the Road Traffic Ordinance (Cap. 374) used for the carriage of passengers to the Hong Kong Wetland Park Nil (ii) in the case of any other vehicle (L.N. 63 of 2005) $8 per hour 5(1) Permit to bring cattle, equines, sheep, goats, pigs, dogs, cats or poultry into a country park or special area Nil 6 Permit to carry, possess or discharge any hunting or trapping appliance or arms Nil 8(1) Permit to cut, pick or uproot any plant or part thereof, to dig, cultivate or disturb the soil or to sow or plant any seeds or plants Nil 9(1) Permit to sell or let on hire any commodity or article $1,330 for each month or part thereof 10(1)(a) Permit to display any sign, notice, poster, banner or advertisement $250 for each month or part thereof 10(1)(b) Permit to construct or erect any building, hut or shelter or excavate any cave $317 for each building, hut, shelter or cave 10(1)(c) Permit to construct or excavate any grave or deposit any human body in a grave Nil 10(1)(d) Permit to deposit any urn containing human remains Nil 11(1)(a) Permit to hold any public meeting or sporting competition, make any public speech or address any public meeting $520 for each event 11(1)(b) Permit to hold any event organized for the purpose of raising funds, whether for charity or otherwise $520 for each event 11(1)(c) Permit to carry on any activity for the purpose of, or incidental to, any business $250 per day 11(3)(a) Permit to camp or to erect a tent or temporary shelter at a designated camping site Nil 13A(4) Permit to enter or remain in a specified zone outside the opening hours of the zone, or to enter or remain in a specified zone, or any part of a specified zone, that has been closed in accordance with regulation 13A(2) (L.N. 63 of 2005) Nil (L.N. 326 of 1992; L.N. 38 of 1995; L.N. 178 of 1996; L.N. 473 of 1997; L.N. 349 of 2000; L.N. 30 of 2001; L.N. 47 of 2005) Schedule 2 [reg. 2]Specified Zones 1. The special area known as the Hong Kong Wetland Park designated under the Hong Kong Wetland Park (Special Area) Order 2005 (L.N. 64 of 2005).(Schedule 2 added L.N. 63 of 2005) Schedule 3 [reg. 13A]Admission Fees for Entering Specified Zones Hong Kong Wetland Park 1. Application This Schedule sets out the admission fees for entering the Hong Kong Wetland Park (the Park). 2. Admission fee for a person Subject to sections 3 and 4, the admission fee for entering the Park by a person who falls within a description specified in column 1 of the table below and makes a purchase of a kind in a subcolumn of column 2 of the table is the amount specified in that subcolumn opposite to the description. (Column 1)Description (Column 2) Kind of entry pass (Subcolumn 1) (Subcolumn 2) (Subcolumn 3) Single entry pass Pass for an unlimited number of entries within 6 months Pass for an unlimited number of entries within 1 year 1. A person who is— $15 $25 $50 (a) aged 3 or above, but below 18; (b) aged 3 or above and a full-time student; (c) aged 65 or above; or (d) aged 3 or above and a PWD. 2. A person who is an accompanying carer of a PWD. $15 Notapplicable Notapplicable 3. Any other person who is aged 18 or above. $30 $50 $100 3. Admission fee for single entry as a person within a group (1) The admission fee for a single entry into the Park by a person who falls within a description specified in column 1 of the table below and enters the Park as part of a group of the size specified in a subcolumn in column 2 of the table is the amount specified in that subcolumn opposite to the description. (Column 1)Description (Column 2) Fee per person in a group of the size specified (Sub-column 1) (Sub-column 2) (Sub-column 3) (Sub-column 4) Groupof 10to 19 persons Groupof 20to 29 persons Groupof 30to 49 persons Groupof 50or more persons 1. A person who is— $13.5 $12.7 $12 $10.5 (a) aged 3 or above, but below 18; (b) aged 3 or above and a full-time student; (c) aged 65 or above; or (d) aged 3 or above and a PWD. 2. A person who is an accompanying carer of a PWD. $13.5 $12.7 $12 $10.5 3. Any other person who is aged 18 or above. $27 $25.5 $24 $21 (2) Subsection (1) applies only if the aggregate of the admission fees for all persons within the group is paid in full in one lump sum. 4. Admission fee for unlimited number of entries as a family (1) The admission fee paid by way of purchase of a family pass for an unlimited number of entries into the Park within the period of 1 year is $200.(2) The family pass referred to in subsection (1) may only be issued to and used by a group of not more than 4 persons each aged 3 or above where a person in the group is the parent, step-parent or adoptive parent of another person in the group, and each of the remaining persons in the group is the spouse, child, stepchild or adopted child of the first-mentioned person. 5. No admission fee for person aged below 3 No admission fee is payable for entering the Park by a person aged below 3. 6. Meaning of PWD and accompanying carer (1) For the purposes of this Schedule—(a) a PWD is a person who—(i) holds a valid Registration Card for People with Disabilities; or(ii) is accepted as a PWD by the Authority or any authorized officer under subsection (2);(b) an accompanying carer of a PWD is a person identified by the PWD as such under subsection (3).(2) For the purposes of subsection (1)(a)(ii), the Authority or any authorized officer may accept a person as a PWD if, on the person’s production of a certificate by a medical practitioner or other evidence, the Authority or the officer is satisfied that the person meets the criteria relating to disability set for the issue of a Registration Card for People with Disabilities by the Central Registry for Rehabilitation.(3) For the purposes of subsection (1)(b), a PWD may, on entering the Park, identify no more than one person as the accompanying carer of the PWD who will accompany the PWD to enter the Park and will provide care to the PWD while in the Park.(4) In this section—Central Registry for Rehabilitation (康復服務中央檔案室) means the registry of that name established by the Government;Registration Card for People with Disabilities (殘疾人士登記證) means a card that is described as such and is issued by the Central Registry for Rehabilitation.(Schedule 3 replaced L.N. 176 of 2011)