Cap. 494 sub. leg. A

Aviation Security Regulation(Cap. 494, sections 53, 54 and 55)(Enacting provision omitted—E.R. 6 of 2019) [22 June 1998] L.N. 247 of 1998(Format changes—E.R. 6 of 2019) Part I General Powers (E.R. 6 of 2019) 1. (Omitted as spent—E.R. 6 of 2019) 2. Interpretation In this Regulation, unless the context otherwise requires—airport restricted area (機場禁區) means an airport restricted area that is identified as such on a plan of a restricted area designated by the Authority under section 35 of the Ordinance;issuing authority (發證當局) means the person responsible for issuing a permit under section 7;restricted area (禁區) includes both an airport restricted area and a tenant restricted area;tenant restricted area (租戶禁區) means a tenant restricted area that is identified as such on a plan of a restricted area designated by the Authority under section 35 of the Ordinance. 3. Powers Where the Authority has designated an area as a restricted area under section 35 of the Ordinance, the Director, an authorized officer or a person authorized by the Director to do so may—(a) by order, either orally or in writing—(i) prohibit the entry into the restricted area either wholly or at specified times of any person, animal, vehicle or article;(ii) require to be moved within the restricted area any animal, vehicle or article;(iii) require the removal from the restricted area of any animal, vehicle or article;(iv) require any person to leave the restricted area;(b) move within the restricted area any animal, vehicle or article which in his opinion constitutes an obstruction in any form. Part II Restricted Area—Permits for Individuals 4. Prohibition of entry, etc., of restricted area without permit Subject to this Regulation, no person shall enter or remain in a restricted area unless he has on his person a valid permit issued to him in respect of that restricted area or is being escorted by a permit holder who is authorized by the issuing authority to escort persons into such area. 5. Exemption for bona fide passengers and air-crews (1) Subject to this section, the provisions of section 4 shall not apply to—(a) any bona fide air-crew member or bona fide air passenger who is in the course of passage through any immigration control or aircraft boarding area or an area set aside for the purposes of the Customs and Excise Service, which is within a restricted area—(i) having disembarked from an aircraft; or(ii) for the purpose of embarking upon an aircraft of which he is an air-crew member or air passenger;(b) any bona fide air passenger awaiting an onward flight in any area reserved for transit or transfer passengers which is within a restricted area.(2) No person shall be exempt from the provisions of section 4 by virtue of subsection (1) unless—(a) being an air-crew member other than a military air-crew member of a military aircraft, he is in possession of a valid air-crew identity card issued by his employer or a valid air-crew member certificate issued in accordance with the appropriate international conventions;(b) being a military air-crew member of a military aircraft, he is in possession of a valid military identification document;(c) being a departing passenger or a transit or transfer passenger, he is in possession of a valid travel document and a valid aircraft boarding pass; or(d) being an arriving passenger, he is in possession of a valid travel document. 6. Permit to be worn on outer clothing A permit holder shall, when entering, remaining in or departing from a restricted area—(a) wear the permit affixed in a prominent position on his outer clothing;(b) comply with the conditions subject to which the permit is issued;(c) comply with all reasonable instructions given to him by—(i) the issuing authority or a person authorized in writing by the issuing authority to give such instructions;(ii) any authorized officer. 7. Issue of permits (1) The manager shall, in accordance with conditions approved by the Director, issue a permit to—(a) each person whom he employs in an airport restricted area;(b) any public officer designated by the Director;(c) any other person whose business requires his access, from time to time, to the airport restricted area.(2) An airport tenant shall, in accordance with conditions approved by the Director, issue a permit to—(a) each person whom he employs in the tenant restricted area;(b) any public officer designated by the Director;(c) any other person whose business requires his access, from time to time, to the tenant restricted area. 8. Submission of details of permit holders to the Director (1) The manager shall, before issuing a permit under section 7(1), submit personal details of any person to whom he wishes to issue a permit to the Director, who shall determine whether or not there is any reason why the person is, for any reason relating to the security of the aerodrome, not fit to have access to an airport restricted area.(2) Where the Director, after making appropriate inquiries, is of the opinion that there is no reason why the person is not fit to have access, the Director shall notify the manager who may, on being so notified, issue a permit to such person.(3) Where the Director is of the opinion that the person should not have access immediately, the Director shall notify the manager of that fact and specify a period of time during which the person should not have access and, on being so notified, the manager shall defer issuing a permit for such period.(4) The Director may require an airport tenant to comply with subsections (1) to (3) either generally or in circumstances the Director specifies. 9. Cancellation or suspension of permit (1) The issuing authority shall, in addition to complying with section 8, suspend, for such period as the issuing authority determines, or cancel a permit in the following circumstances—(a) the permit holder or, where applicable, a person referred to in section 10(2), has breached one of the conditions subject to which the permit was issued;(b) the permit holder or, where applicable, a person referred to in section 10(2), has contravened a provision of this Regulation;(c) the issuing authority is satisfied that the permit has been lost, destroyed or defaced;(d) the issuing authority believes that access by the permit holder is not necessary or is no longer necessary.(2) Where the Director is of the opinion that a permit holder is no longer a person fit to have access to a restricted area, he shall notify the issuing authority who shall, on being so notified, cancel the person’s permit. 10. Surrender of cancelled or suspended permit (1) Where the issuing authority cancels or suspends a permit, he shall notify the permit holder who shall, on being so notified, forthwith surrender the permit to the issuing authority unless, before being so notified, the permit holder notified the issuing authority under section 12 of the loss of the permit.(2) Where the application for the permit was made by a person who is the employer of or otherwise associated with the permit holder and the permit was issued to or through such person, subsection (1) applies to such person rather than the permit holder. 11. Surrender of permit on ceasing employment, etc. Where a permit holder—(a) ceases to be employed by the issuing authority, he shall forthwith surrender his permit to the issuing authority;(b) ceases to be employed by or otherwise associated with a person who applied for a permit on his behalf, he shall forthwith surrender his permit to such person. 12. Loss of a permit Where a permit is lost—(a) the permit holder; or(b) in a case where the permit was applied for by the employer of or person otherwise associated with the permit holder, the person to whom it was issued,shall forthwith notify the issuing authority and the Hong Kong police of its loss. Part III Airport Restricted Area—Vehicle Permits 13. Vehicles not to be driven into or within airport restricted area without vehicle permit Subject to this Regulation, no person shall—(a) drive a vehicle into or within an airport restricted area;(b) cause or permit a vehicle to be driven into or within an airport restricted area;(c) use a vehicle or cause or permit a vehicle to be used within an airport restricted area,unless there is a valid permit in force for the vehicle in respect of that airport restricted area and such permit is displayed—(i) if the vehicle is provided with a windscreen, on the windscreen in such a manner that it is clearly visible from the front of the vehicle; or(ii) if the vehicle is not provided with a windscreen, in a conspicuous position on the vehicle in front of the driving seat in such a manner that it is clearly visible from the front of the vehicle. 14. Issue of vehicle permits The manager shall, in accordance with conditions approved by the Director, issue a permit in respect of any vehicle the use of which is required within an airport restricted area. 15. Cancellation or suspension of vehicle permit The manager shall suspend, for such period as he determines, or cancel a vehicle permit in the following circumstances—(a) the manager is satisfied that the driver or a passenger in the vehicle has breached one of the conditions subject to which the permit was issued;(b) the manager is satisfied that the driver or a passenger in the vehicle has contravened a provision of this Regulation;(c) the manager is satisfied that the permit has been lost, destroyed or defaced;(d) the manager believes that access to the airport restricted area by the vehicle is not necessary or is no longer necessary;(e) the manager believes that the vehicle should not be permitted entry into the airport restricted area for reasons related to safety or the security of the aerodrome;(f) the manager is instructed by the Director to do so. 16. Surrender of cancelled or suspended permit Where the manager cancels or suspends a permit, he shall notify the owner of the vehicle who shall, on being so notified, forthwith surrender the permit to the manager unless, before being so notified, the owner notified the manager under section 18 of the loss of the permit. 17. Surrender of vehicle permit on vehicle ceasing to be used at airport Where a vehicle that is not under the control of the manager ceases being used in an airport restricted area, the owner shall forthwith surrender the vehicle permit to the manager. 18. Loss of a vehicle permit Where a vehicle permit is lost—(a) in the case of a vehicle the driver of which is under the control of the manager, the driver shall forthwith notify the manager and the Hong Kong police of its loss;(b) in the case of a vehicle the driver of which is not under the control of the manager, the owner shall forthwith notify the manager and the Hong Kong police of its loss. Part IV Miscellaneous 19. Surrender of arms and ammunition by operator of an aircraft The operator of an aircraft or its handling agent shall deliver directly into the custody of an officer of the Customs and Excise Service at the airport all firearms and ammunition, as defined under section 2 of the Firearms and Ammunition Ordinance (Cap. 238) and all offensive weapons, as defined under section 2 of the Public Order Ordinance (Cap. 245), which are in their custody and knowingly carried by the aircraft into Hong Kong. 20. Reporting of incidents The operator of an aircraft shall, as soon as reasonably possible, report to the Director any of the following types of incidents—(a) an act or threat of assault by a passenger on one of its aircraft against another passenger or against an air-crew member while the aircraft—(i) is on the ground in Hong Kong or within Hong Kong air space; or(ii) in the case of an aircraft registered in Hong Kong, is on the ground or in air space outside Hong Kong;(aa) an act by a passenger on one of its aircraft in contravention of section 12A or 12B of the Ordinance; (14 of 2005 s. 10)(b) the discovery on one of its passengers or in the baggage or other effects belonging to such a passenger of an object or materials that could possibly be used for or in connection with an act of violence referred to in section 33 of the Ordinance. 21. Powers of exemption of Authority The Authority may, by notice in writing and subject to such conditions as he may impose, exempt—(a) any person or class of person; or(b) any vehicle or class of vehicle,from all or any of the requirements of this Regulation. 22. Extent to which Regulation not binding on the Government Part II shall not apply to, and Part III shall not apply in respect of a vehicle being used by—(a) a police officer;(b) an immigration officer or immigration assistant;(c) an officer of the Fire Services Department;(d) a member of the Hong Kong Garrison; (2 of 2012 s. 4)(e) a member of the Customs and Excise Service within the meaning of the Customs and Excise Service Ordinance (Cap. 342);(f) the Commissioner, Deputy Commissioner or an officer of the Independent Commission Against Corruption,who requires access to a restricted area for the performance of his duty in circumstances of such urgency that the performance of his duty might be frustrated or seriously impaired if such Parts were to apply to him or in respect of a vehicle being used by him. 23. Offences (1) A person who without reasonable excuse contravenes section 4 or 13 commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 2 years.(2) A permit holder who without reasonable excuse contravenes section 6 commits an offence and is liable on conviction to a fine at level 2.(3) A driver who without reasonable excuse drives a vehicle for which a vehicle permit is in force into or within an airport restricted area without the permit being displayed in accordance with section 13(i) or (ii) commits an offence and is liable on conviction to a fine at level 2.(4) A permit holder or person to whom a permit was issued who without lawful excuse fails or refuses to surrender a permit—(a) when notified to do so by the issuing authority; or(b) when required to do so by this Regulation,commits an offence and is liable on conviction to a fine at level 3.(5) A person who without lawful excuse fails forthwith to notify the issuing authority of the loss of a permit when required to do so by section 12 or 18 commits an offence and is liable on conviction to a fine at level 3.(6) A permit holder who without reasonable excuse breaches a condition of the issuing of a permit commits an offence and is liable on conviction to a fine at level 3.(7) A person who knowingly provides false information when applying for a permit commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 3 months.(8) A person who—(a) enters or attempts to enter or leaves or attempts to leave a restricted area by any means other than through a gate or opening designed for that purpose;(b) climbs or attempts to climb a wall, fence or any other thing that forms part of a barrier along the perimeter of a restricted area;(c) removes, displaces or alters or attempts to remove, displace or alter a wall, fence or any other thing that forms part of a barrier along the perimeter of a restricted area;(d) interferes with a security device on the perimeter of or within a restricted area placed there to detect anyone attempting to gain unauthorized access to such area,commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 2 years.(9) An operator of an aircraft or its handling agent that fails to comply with section 19 commits an offence and is liable on conviction to a fine at level 5.(10) An operator of an aircraft that fails to comply with section 20 commits an offence and is liable on conviction to a fine at level 5. 24. Continuing offences Where an offence referred to in section 23 is of such a nature that the offence is a continuing one, then in addition to the penalty established under section 23, the person on conviction shall be liable to a fine of $10,000 for each day that the offence continues.