【法规名称】
【法规编号】 68797 什么是编号？
【正 文】
第4页 CAP 448 CIVIL AVIATION ORDINANCE
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[接上页] (d) as to the conditions which may be attached to such a licence (including conditions as to the fares, freight or other charges and conditions relating to specified services or specified classes of service (being in all cases services to be provided in or in relation to civil aviation)), and for securing compliance with any conditions so attached; (e) as to the extension of the period during which such a licence is to be in force or to variation of the conditions attached to such a licence; (f) as to information to be furnished by an applicant for, or the holder of, such a licence to such authorities as may be specified in the regulations; (g) prescribing the fees to be paid in respect of the issue or transfer of any licence under the regulations, or the variation of the conditions attached to such a licence or the extension of the period during which such a licence is to remain in force, or enabling such fees to be fixed by any authority or other person specified in that behalf by the regulations,and such regulations may make different provision as respects different classes of aircraft and different classes of licences. (2) Regulations made under this section may, for the purpose of securing compliance with the regulations, create offences and provide for the imposition of the following penalties on conviction, namely- (a) in the case of summary conviction, a fine not exceeding $100000 or imprisonment for a term not exceeding 3 months or both such fine and such imprisonment; and (b) in the case of conviction on indictment, a fine not exceeding $5000000 or imprisonment for a term not exceeding 2 years or both such fine and such imprisonment. (Enacted 1994) Cap 448 s 6 Information regarding air transport undertakings and use of customs aerodromes Remarks: Adaptation amendments retroactively made - see 28 of 1998 s. 2; 36 of 1999 s. 3 (1) The Chief Executive in Council may make regulations- (Amended 36 of 1999 s. 3) (a) requiring any person- (i) who carries on the business of carrying passengers or goods in aircraft for hire or reward on such journeys or classes of journeys (whether beginning and ending at the same point or at different points) as may be specified in the regulations; or (ii) who is the holder of a licence in respect of a customs aerodrome (whether the licence was issued before or after the commencement of this section), to furnish to such authorities as may be specified in the regulations such information relating to the use of aircraft for the purpose of his said business and to the persons employed in connection with that use, or, as the case may be, relating to the use of the aerodrome and to the persons employed in aircraft arriving thereat or departing therefrom, as may be prescribed by the regulations;(b) requiring the owner, or the pilot or other person in charge, of any aircraft arriving at, or departing from, any customs aerodrome to furnish to the holder of the licence in respect of that aerodrome such information as may be necessary to enable the holder of the said licence to comply with such of the provisions of the regulations as relate to him; (c) prescribing the times at which, and the form and manner in which, any information required under the regulations is to be furnished:Provided that a person carrying on such a business as is mentioned in paragraph (a)(i) shall not be required to furnish information relating to the use of aircraft on journeys wholly outside Hong Kong, or relating to persons exclusively employed outside Hong Kong, unless the person carrying on the business is either a Hong Kong permanent resident or a Chinese citizen or a body corporate incorporated under the law of Hong Kong. (Amended 28 of 1998 s. 2) (2) Regulations under this section may create summary offences and provide for imposing on any person who contravenes or fails to comply with any provision of the regulations such penalties (not exceeding a fine of $100000 and a further fine (not exceeding in all $500000) not exceeding $50000 for every day on which the contravention or non-compliance continues after conviction therefor) as may be specified in the regulations. (3) Subject to subsection (4), no information with respect to any particular undertaking which has been obtained by virtue of regulations under this section shall, without the consent of the person carrying on that undertaking, be disclosed otherwise than in connection with the execution of such regulations, and if any person discloses any such information in contravention of this subsection, he shall be guilty of an offence and be liable, on summary conviction, to a fine not exceeding $100000, or to imprisonment for a term not exceeding 3 months or to both such fine and such imprisonment or, on conviction on indictment, to a fine not exceeding $5000000, or to imprisonment for a term not exceeding 2 years or to both such fine and such imprisonment. (4) Nothing in this section shall apply to the disclosure of any information for the purposes of any legal proceedings which may be taken by virtue of this subsection or of regulations made under this section, or for the purposes of any report of any such proceedings, but, save as aforesaid, the restriction imposed by subsection (3) shall, in relation to any legal proceedings (including arbitrations), extend so as to prohibit and prevent any person who is in possession of any such information so obtained from disclosing, and from being required by any court or arbitrator to disclose, that information (whether as a witness or otherwise) except with the consent of the person carrying on the undertaking to which the information relates. |
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