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[接上页] Cap 448A reg 4 The Air Transport Licensing Authority (1) The Licensing Authority for the purposes of this Part shall consist of such number of members, not being less than 3, as the Chief Executive may from time to time determine, and shall be known as the "Air Transport Licensing Authority". (2) Every member of the Licensing Authority shall be appointed by the Chief Executive, and, unless he shall earlier resign his office by writing under his hand addressed to the Chief Executive, shall hold office for such term as the Chief Executive shall at the time of making the appointment determine but shall be eligible for reappointment from time to time on the expiration of his term of office. The Chief Executive shall nominate one of the members to be Chairman. (3) The Chief Executive may from time to time appoint deputy members to act in the place of members who are ill or absent. Such deputy members may be appointed either for a specified term or to act in the place of a specified member during his illness or absence. (4) The Chief Executive may remove any member or deputy member from his office for inability or misbehaviour. (5) Where the Chief Executive proposes to appoint a person to be a member or deputy member of the Licensing Authority, he shall, before making the appointment require that person to declare whether he has any, and if so what, financial interest in any undertaking which provides transport for passengers or goods or which owns or operates aerodromes, manufactures aircraft, aircraft engines or accessories, or supplies aircraft fuel or lubricants. If any member or deputy member of the Licensing Authority acquires any such financial interest he shall, within 4 weeks after so doing, give notice thereof in writing to the Chief Executive specifying the interest so acquired, and the Chief Executive after taking the matter into consideration may, if he thinks fit, declare that the member or deputy member has vacated his office and the seat of such member or deputy member shall thereupon become vacant. (6) (a) The Chief Executive may appoint a person to be secretary to the Licensing Authority. (b) The Licensing Authority may appoint such other officers and servants as may, in the opinion of the Chief Executive, be necessary to enable them to discharge their duties. (c) The way in which the Licensing Authority shall determine questions for their decision shall be such as the Chief Executive may prescribe. (L.N. 4 of 2004)(7) The quorum at a meeting of the Licensing Authority for the dispatch of business is 3 members. (L.N. 4 of 2004) (36 of 1999 s. 3) Cap 448A reg 5 Issue of licences (1) The Licensing Authority may grant to any person applying therefor a licence to carry passengers, mail or cargo by air for hire or reward on such scheduled journeys, and subject to such conditions, as may be specified in the licence. (2) The Licensing Authority may attach such conditions to any licence as they may think fit having regard to the nature and circumstances of the application therefor. (3) It shall be a condition of every licence that- (a) the holder of the licence and any person having a financial interest in the business of the holder of the licence shall refrain from stipulating that any other person shall- (i) refuse booking facilities to any other holder of a licence; (ii) grant such facilities to such other holder only on onerous terms; and(b) the holder of the licence shall perform all such reasonable services as the Postmaster General may from time to time require in regard to the conveyance of mails (and of any persons who may be in charge thereof) upon journeys made under the licence. The remuneration for any such services shall be such as may from time to time be determined by agreement between the Postmaster General and the holder of the licence: Provided that any disputes and disagreements shall be subject to arbitration under the Arbitration Ordinance (Cap 341). Cap 448A reg 6 Applications for licences Applications for licences shall be made in the form and manner, and shall contain the particulars prescribed in Form 1 in the Schedule. Every applicant shall furnish to the Licensing Authority such further information as the Licensing Authority may reasonably require for the discharge of their duties in relation to the application. Cap 448A reg 7 Publication of applications The Licensing Authority shall cause to be published, in the manner prescribed in Form 2 in the Schedule such particulars of any applications for licences received by them as are prescribed in the said Form 2. Cap 448A reg 8 Objections and representations Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 Responsible persons or bodies who may reasonably be considered by the Chief Executive to have an interest private or public in the matter of the issue or refusal of a licence may, in the form and manner, and within the time, prescribed in Form 3 in the Schedule, make representations or objections with regard to any application for a licence. |