Hong Kong Ordinances

AIRPORT AUTHORITY ORDINANCE - SECT 39

Chief Secretary for Administration may require defects remedied

(Past version on 30/06/1997).

(1) Where in the opinion of the Chief Secretary for Administration-

   (a)  the physical condition of the Airport or the condition of any vehicle,
        vessel, machinery or other plant or equipment in any place in the 
        Airport Area is defective; and

   (b)  because of any such condition there is, or is likely to be, a risk of
        injury to persons within the Airport Area, the Chief Secretary for
        Administration may require the Authority to execute or implement, or
        cause to be executed or implemented, such works or measures (being
        works or measures which the Authority has power to execute or
        implement or cause to be executed or implemented) as are specified in
        the requirement and which he considers will ensure that such risk or
        likelihood of risk is eliminated or significantly reduced. (Amended
        L.N. 362 of 1997)

(2) (a) A requirement under this section may specify either or both of the
following-

        (i)    the time not later than which the works or measures specified
               therein are to be commenced or put in hand;

        (ii)   the time not later than which such works or measures are to be
               completed or completely implemented.

   (b)  The Authority shall comply with a requirement made under this section.

(3) If the Authority fails, without reasonable excuse, to comply with a
requirement under this section, the Authority commits an offence and is liable
to a fine of $150000 and to a further fine of $15000 for each day after the
first on which the offence is continued.

(4) The following provisions shall apply as regards a document which purports
to be a copy of a requirement under subsection (1)-

   (a)  the document shall be admitted without proof in proceedings for an
        offence under this section; and

   (b)  in any such proceedings such an admission shall raise a rebuttable
        presumption that a requirement in the terms of the copy was properly
        made under this section. (Enacted 1995)