【法规名称】
【法规编号】 68775 什么是编号？
【正 文】
第8页 CAP 483 AIRPORT AUTHORITY ORDINANCE
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[接上页] (Enacted 1995. Amended 36 of 1999 s. 3) Cap 483 s 20 Directions by Chief Executive in Council Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (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 (c) A direction under this section shall remain in force until it is withdrawn by the Chief Executive in Council.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) (Enacted 1995) Cap 483 s 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. |
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