Hong Kong Ordinances

AVIATION SECURITY ORDINANCE - SECT 11

Other acts endangering or likely to endanger safety of aircraft

(1) Subject to subsections (5) and (6), it is an offence for any person
unlawfully and intentionally to destroy or damage any property to which this
subsection applies, or to interfere with the operation of any such property,
where the destruction, damage or interference is likely to endanger the safety
of aircraft in flight.

(2) Subsection (1) applies to any property used for the provision of air
navigation facilities, including-

   (a)  any land, building or ship so used; and

   (b)  any apparatus or equipment so used, whether it is on board an aircraft
        or elsewhere.

(3) Subject to subsections (4) and (5), it is an offence for any person to
intentionally to communicate any information which is false, misleading or
deceptive in a material particular, if the communication of the information
endangers the safety of an aircraft in flight or is likely to endanger the
safety of aircraft in flight.

(4) It is a defence for a person charged with an offence under subsection (3)
to prove-

   (a)  that he believed, and had reasonable grounds for believing, that the
        information was true; or

   (b)  that, when he communicated the information, he was lawfully employed
        to perform duties which consisted of or included the communication of
        information and that he communicated the information in good faith in
        the performance of those duties.

(5) Subsections (1) and (3) do not apply to the commission of any act unless
either the act is committed in Hong Kong, or, where it is committed outside
Hong Kong-

   (a)  the person committing it is a Hong Kong permanent resident;

   (b)  the act endangers or is likely to endanger the safety in flight of a
        Hong Kong-controlled aircraft; or

   (c)  the act is committed on board an aircraft which lands in Hong Kong
        with the person who committed the act still on board.

(6) Subsection (1) also does not apply to any act committed outside Hong Kong
in relation to property which-

   (a)  is situated outside Hong Kong; and

   (b)  is not used for the provision of air navigation facilities in
        connection with international air navigation, unless the person
        committing the act is a Hong Kong permanent resident.

(7) A person who commits an offence under subsection (1) or (3) is liable, on
conviction on indictment, to imprisonment for life. (Enacted 1996) [cf. 1973
c. 47 s. 2 U.K.]