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Remarks: 　 not　yet　in　operation 　 (Cap 448, sections 2A(2) and 12(2)) [ ] (L.N. 144 of 2000) Cap 448E s 1 Commencement Remarks: not yet in operation This Order shall come into operation on a day to be appointed by the Director-General of Civil Aviation by notice in the Gazette. (L.N. 326 of 2000) Cap 448E s 2 Interpretation Remarks: not yet in operation (1) In this Order- "commander" (机长), 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" (营运者), in relation to an aircraft, means the person who for the time being has the management or control of the aircraft; "parascending parachute" (拖引式降落伞) 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" (禁区) 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" (飞机) 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" (飞越), in relation to the Prohibition Area, includes fly within the airspace above the Prohibition Area. Cap 448E s 3 Flight restriction Remarks: not yet in operation (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. Cap 448E s 4 Penalty Remarks: not yet in operation (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.