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[接上页] (Amended 68 of 1994 s. 2) Cap 312 s 3 Prohibition on landing or taking off without a noise certificate Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) Subject to this Ordinance and the regulations, as from a day to be notified by the Chief Executive by notice in the Gazette an aircraft shall not land or take off in Hong Kong unless- (a) there is in force in respect of that aircraft a noise certificate issued by- (i) the Director; or (ii) a contracting State; or(b) there is other documentary proof of compliance by the aircraft with the relevant standards of noise. (Amended 68 of 1994 s. 3)(2) The Chief Executive may, in the exercise of his powers under subsection (1), specify different days for different classes of aircraft. (3) The Chief Executive may by notice in the Gazette amend the Schedule. (Added 68 of 1994 s. 3) (Enacted 1986. Amended 36 of 1999 s. 3) Cap 312 s 4 Exemptions The Director may by notice in writing to the operator of any aircraft permit the aircraft to land or take off in Hong Kong in circumstances not permitted by section 3(1): Provided that nothing in this section shall apply to an aircraft which lands or takes off when carrying passengers, mail or cargo for hire or reward upon a scheduled journey. (Enacted 1986) Cap 312 s 5 Requirements as to landing and take off (1) The Director may, by notice in the Gazette, provide that it shall be the duty of the operator of an aircraft which is to take off or land at an aerodrome designated in the notice to secure that, after the aircraft takes off or, as the case may be, before it lands at the aerodrome, such requirements as are specified in the notice are complied with in relation to the aircraft, being requirements appearing to the Director to be appropriate for the purpose of limiting or of mitigating the effect of noise and vibration connected with the taking off or landing of aircraft at the aerodrome. (2) If it appears to the Director that any requirement specified in relation to an aerodrome in a notice published in pursuance of subsection (1) has not been complied with in respect of any aircraft he may, after affording to the operator of the aircraft an opportunity of making representations to him with respect to the matter and after considering any representations then made by this operator, give either to the airport manager or to the air traffic manager a direction requiring him to secure that, until the Director revokes the direction, facilities for using the aerodrome are withheld to the extent specified in the direction from aircraft of which the person aforesaid is the operator and from his servants; and it shall be duty of the person to whom the direction is given to comply with the direction: Provided that nothing in this subsection shall require the person to whom the direction is given to prevent an aircraft from landing at the aerodrome. (Amended 68 of 1994 s. 4) (3) Any notice published in pursuance of subsection (1) may contain such incidental or supplementary provisions as the Director considers appropriate. (4) Any operator of an aircraft who fails without reasonable excuse to comply with any requirement of a notice under subsection (1) commits an offence and is liable on conviction to a fine of $50000. (Amended 68 of 1994 s. 4) (Enacted 1986) Cap 312 s 6 Restrictions on landing and take off (1) If the Director considers it appropriate, for the purpose of avoiding, limiting or mitigating the effect of noise and vibration connected with the taking off or landing of aircraft at an aerodrome, to prohibit aircraft from taking off or landing, or to limit the number of occasions on which they may take off or land, at an aerodrome during certain periods, he may by notice in the Gazette- (a) prohibit aircraft of descriptions specified in the notice from taking off or landing at the aerodrome (otherwise than in an emergency) during periods so specified; (b) specify the maximum number of occasions on which aircraft of descriptions so specified may be permitted to take off or land at the aerodrome (otherwise than in an emergency) during periods so specified; or (c) determine the persons who shall be entitled to arrange for aircraft of which they are the operators to take off or land at the aerodrome during the periods specified under paragraph (b) and, in respect of each of those persons, the number of occasions on which aircraft of a particular description of which he is the operator may take off or land at the aerodrome during those periods.(2) Subject to subsection (3)(a) and (b) it shall be the duty of the air traffic manager to secure that the prohibitions or restrictions relating to the aerodrome which are imposed by notice under subsection (1) are complied with. (Amended 68 of 1994 s. 5) (3) The following supplementary provisions shall have effect for the purposes of subsection (1)- (a) nothing in that subsection shall require an air traffic manager to prevent an aircraft from landing at the aerodrome; |