AIR NAVIGATION (FLIGHT PROHIBITION) ORDER
- CHAPTER 448E

AIR NAVIGATION (FLIGHT PROHIBITION) ORDER - LONG TITLE  
Empowering section VerDate:16/08/2005



(Cap 448, sections 2A(2) and 12(2))

[16 August 2005]  L.N. 41 of 2005

(L.N. 144 of 2000)



AIR NAVIGATION (FLIGHT PROHIBITION) ORDER - SECT 1
(Omitted as spent) VerDate:16/08/2005



(Omitted as spent)



AIR NAVIGATION (FLIGHT PROHIBITION) ORDER - SECT 2
Interpretation VerDate:16/08/2005




(1)	In this Order-
"commander" (機長), in relation to an aircraft, means the member of the crew 
designated as commander of that aircraft by the operator thereof, or, 
failing such a person, means the person who, for the time being, is in 
charge of the piloting of the aircraft without being under the direction 
of any other pilot of the aircraft;
"operator" (營運者), in relation to an aircraft, means the person who for the 
time being has the management or control of the aircraft;
"parascending parachute" (拖引式降落傘) means a parachute which is towed by 
cable in such a manner as to cause it to ascend and includes a parasailer 
towed by boat or vehicle;
"prescribed altitude" (指定高度) means an altitude of less than 4000 feet 
above mean sea level;
"Prohibition Area" (禁區) means the area delineated in red in the plan 
numbered AN(FP)1, dated and signed by the Director-General of Civil 
Aviation and deposited at the Headquarters of the Civil Aviation 
Department.  (L.N. 326 of 2000)

(2)	For the avoidance of doubt, it is hereby declared that in this 
Order-

        (a)	"aircraft" (飛機) includes any free or captive balloon, airship, 
glider, kite, parascending parachute, parachute other than a parascending 
parachute, remote-controlled or unmanned aircraft and ultra-light aircraft;

        (b)	"fly over" (飛越), in relation to the Prohibition Area, includes 
fly within the airspace above the Prohibition Area.
"commander" (機長)
"operator" (營運者)
"parascending parachute" (拖引式降落傘)
"prescribed altitude" (指定高度)
"Prohibition Area" (禁區)
"aircraft" (飛機)
"fly over" (飛越)


AIR NAVIGATION (FLIGHT PROHIBITION) ORDER - SECT 3
Flight restriction VerDate:16/08/2005




(1)	Subject to subsections (2) and (3), no aircraft may at any time 
fly over the Prohibition Area at a prescribed altitude.

(2)	Subsection (1) shall not apply to-

        (a)	any aircraft that flies over the Prohibition Area at a 
prescribed altitude in accordance with the air traffic control 
instructions or Civil Aviation Department published approach and departure 
procedures, or in deviation from such instructions or procedures for 
weather avoidance or due to technical problems;

        (b)	any aircraft that flies over the Prohibition Area at a 
prescribed altitude for the purposes of fire fighting or prevention, 
life-saving, casualty evacuation or police operations; or

        (c)	any aircraft of the Government Flying Service that flies over 
the Prohibition Area at a prescribed altitude, if-

        (i)	the cloud ceiling is less than 1600 feet over Mui Wo at all 
times during the period when the aircraft flies over the Prohibition Area; 
and

        (ii)	the movement of the aircraft over the Prohibition Area is 
limited to the airspace above the area north of the Penny's Bay Power 
Station as shown in the plan numbered AN(FP)1, dated and signed by the 
Director-General of Civil Aviation and deposited at the Headquarters of 
the Civil Aviation Department.  (L.N. 326 of 2000)

(3)	Without prejudice to subsection (2), the Chief Executive may, 
having regard to the frequency and nature of flight by individual aircraft 
and the safety and regularity of air traffic, give instructions to exempt 
the aircraft from subsection (1) subject to such conditions, if any, as he 
thinks fit.



AIR NAVIGATION (FLIGHT PROHIBITION) ORDER - SECT 4
Penalty VerDate:16/08/2005




(1)	Where an aircraft flies in contravention of section 3(1), the 
operator and the commander of the aircraft each commits an offence and is 
liable on summary conviction to a fine at level 2.

(2)	It shall be a defence for a person charged with an offence 
under subsection (1) to prove that the contravention occurred without his 
consent or connivance and that he exercised reasonable due diligence to 
prevent the contravention.