【法规名称】
【法规编号】 68901 什么是编号？
【正 文】
CAP 301 HONG KONG AIRPORT (CONTROL OF OBSTRUCTIONS) ORDINANCE
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To provide for the restriction and, where necessary, the reduction of heights of buildings in the interest of the safety of aircraft, for the control of lighting, for the erection or provision and the maintenance of aids to air navigation, for the assessment and payment of compensation in respect of damage suffered on account thereof, and for purposes connected with the matters aforesaid. (Amended 11 of 1966 s. 2) [7 June 1957] (Originally 27 of 1957) Cap 301 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Hong Kong Airport (Control of Obstructions) Ordinance. Cap 301 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "building" (建筑物) includes the whole, or any part, of any building, arch, bridge, chimney, cookhouse, cowshed, dock, factory, garage, hangar, hoarding, latrine, lift, matshed, office, out-house, pier, shelter, shop, stable, stairs, wall, warehouse, wharf, or workshop, and any mast or pole or any pile driver, scaffolding, hoist or crane or other structure projecting skywards; (Amended 77 of 1978 s. 2) "building works" (建筑工程) includes any kind of building construction, site formation, drainage works, repairs, maintenance, demolition, alteration, addition and every kind of building operation, and any lighting or marking required to be provided under the provisions of this Ordinance; "Hong Kong Airport" (香港机场) means the Hong Kong International Airport at Kowloon peninsula and the airport built or to be built at and in the vicinity of Chek Lap Kok, Lantau, New Territories; (Added 88 of 1994 s. 2) "land" (土地) includes all buildings thereon; "owner" (拥有人) includes any person holding premises direct from the Government whether under lease, licence or otherwise, any mortgagee in possession and any person receiving the rent of any premises, solely or with another, on his own behalf or that of any person, or who would receive the same if such premises were let to a tenant, and where such owner as above defined cannot be found or ascertained or is absent from Hong Kong or is under disability, the agent of such owner; (Amended 29 of 1998 s. 105; 61 of 1999 s. 3) "Secretary" (局长) means the Secretary for Housing, Planning and Lands. (Replaced L.N. 106 of 2002) (2) Any reference in this Ordinance to the safety of aircraft means the safety of aircraft using or which will be using Hong Kong Airport. (Amended 88 of 1994 s. 2) Cap 301 s 3 Orders by Chief Executive in Council relating to heights of buildings PART II CONTROL OF HEIGHTS OF BUILDINGS AND LIGHTING, AND PROVISION OF AIDS TO AIR NAVIGATION (1) Where in the opinion of the Chief Executive in Council the safety of aircraft so requires, he may by order- (Amended 61 of 1999 s. 3) (a) prescribe areas within which all buildings are prohibited; (b) (Repealed 88 of 1994 s. 3) (c) require to be demolished any building erected within an area in which all buildings have been prohibited by an order under paragraph (a), or require to be reduced in height, or, where reduction in height is not feasible, to be demolished, any building which does not conform with an order under subsection (1AA). (Amended 88 of 1994 s. 3)(1AA) Where in his opinion the safety of aircraft so requires, the Secretary may, on the advice of the Director-General of Civil Aviation, by order prescribe areas within which no building shall exceed the height specified in the order. (Added 88 of 1994 s. 3. Amended L.N. 326 of 2000) (1A) An order under subsection (1)(a) or (1AA) may provide that, subject to such conditions as may be prescribed therein, it shall not apply to any particular area, or any particular building, within any area prescribed by the order. (Added 11 of 1966 s. 3. Amended 88 of 1994 s. 3) (2) Where an order is made under subsection (1)(a), it shall be published in the Gazette, and a copy thereof together with a plan of the prescribed area, signed by the Clerk to the Executive Council, shall be deposited at the Land Registry. (Amended 8 of 1993 s. 2; 14 of 1994 s. 24; 88 of 1994 s. 3) (2A) Where an order is made under subsection (1AA), it shall be published in the Gazette, and a copy together with a plan of the prescribed area, signed by the Secretary, shall be deposited at the Land Registry. (Added 88 of 1994 s. 3) (3) An order under subsection (1)(c) shall be served upon the owner of the premises affected, and may be registered at the Land Registry against the land affected by delivering to the said office a memorial thereof signed by the Clerk to the Executive Council and containing the full terms of such order. (Amended 8 of 1993 s. 2; 14 of 1994 s. 24) (3A) The Secretary may, on the advice of the Director-General of Civil Aviation, by order grant an exemption from the operation of an order made pursuant to subsection (1AA) subject to such terms and conditions required for or related to the safety of aircraft as he may impose. (Added 88 of 1994 s. 3. Amended L.N. 326 of 2000) |
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