To control the emission of noise by aircraft and for matters ancillary thereto or connected therewith. (Enacted 1986) [1 May 1987] L.N. 112 of 1987 (Originally 33 of 1986) Cap 312 s 1 Short title This Ordinance may be cited as the Civil Aviation (Aircraft Noise) Ordinance. (Enacted 1986) Cap 312 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "aerodrome" (机坪) means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and taking off of aircraft and includes any area or space, whether on the ground, on the roof of a building or elsewhere which is designed, equipped or set apart for affording facilities for the landing and taking off of aircraft capable of descending or climbing vertically and includes an aerodrome the management of which is vested in the Government of the Hong Kong Special Administrative Region or in the Chief Executive; (Amended 36 of 1999 s. 3) "air traffic manager" (航空交通经理) means the person who for the time being- (a) manages the air traffic of an aerodrome; or (b) is responsible for giving permission or refusing to give permission for an aircraft to land or take off at the aerodrome,and, except in section 6(5), includes a public officer who for the time being so manages or is so responsible; (Added 68 of 1994 s. 2. Amended 36 of 1999 s. 3)"airport manager" (机场经理) means the person who for the time being manages an aerodrome and, except in section 7(2) and (3), includes a public officer who for the time being so manages; (Added 68 of 1994 s. 2. Amended 36 of 1999 s. 3) "the Annex" (附件) means Annex 16 to the Chicago Convention in so far as it relates to international standards and recommended practices for aircraft noise, any provision of the Chicago Convention for giving effect to Annex 16 and any amendment to Annex 16 made in accordance with the Chicago Convention in so far as it relates to such standards and practices; "certificate of airworthiness" (适航证明书) includes any validation thereof and any flight manual, performance schedule or other document, whatever its title, incorporated by reference in that certificate relating to the certificate of airworthiness; (Added 68 of 1994 s. 2) "Chapter 2 standards of noise" (第2章噪音标准) means the standards of noise specified in Volume I, Part II, Chapter 2 of the Annex; (Added 68 of 1994 s. 2) "Chapter 3 standards of noise" (第3章噪音标准) means the standards of noise specified in Volume I, Part II, Chapter 3 of the Annex; (Added 68 of 1994 s. 2) "the Chicago Convention" (芝加哥公约) means the Convention on International Civil Aviation which, on 7 December 1944, was opened for signature at the International Civil Aviation Conference held at Chicago; (Amended 36 of 1999 s. 3) "contracting State" (缔约国家) means a State which is a party to the Chicago Convention; "Director" (处长) means the Director-General of Civil Aviation; (Amended L.N. 326 of 2000) "maximum total weight authorized" (核准最高总重量), in relation to an aircraft, means the maximum total weight of the aircraft and its contents at which the aircraft may take off anywhere in the world, in the most favourable circumstances in accordance with the certificate of airworthiness in force in respect of the aircraft; (Added 68 of 1994 s. 2) "narrow-bodied aircraft" (狭体飞机) means an aircraft other than a wide-bodied aircraft; (Added 68 of 1994 s. 2) "noise certificate" (噪音标准合格证明书) means a certificate of compliance, by the aircraft to which it relates, with the relevant standards of noise; (Amended 68 of 1994 s. 2) "operator" (经营人), in relation to an aircraft, means the person having the management of the aircraft for the time being, or in relation to a time, at that time; "owner" (机主), in relation to an aircraft, means the person in whose name the aircraft is registered in its place of registration; (Added 68 of 1994 s. 2) "relevant standards of noise" (有关噪音标准), in relation to an aircraft, means the standards of noise specified in the Schedule and applicable to such an aircraft or standards of noise which are equivalent to, or more restrictive than, such standards; (Added 68 of 1994 s. 2) "scheduled journey" (编定航程) means one of a series of journeys which are undertaken between the same two places and which amount to a systematic service operated in such a manner that the benefits thereof are available to members of the public from time to time seeking advantage of them; "wide-bodied aircraft" (广体飞机) means an aircraft which has a maximum total weight authorized greater than 100000 kg and a maximum cabin width greater than 4.5 m. (Added 68 of 1994 s. 2) (2) Any function vested in the Director by this Ordinance may be performed by the Deputy Director-General of Civil Aviation or by any public officer authorized by the Director or by the Deputy Director-General of Civil Aviation. (Amended L.N. 326 of 2000) (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; (b) the Director may, by notice in writing to the air traffic manager to which a notice under that subsection relates, determine that a particular occasion or series of occasions on which aircraft take off or land at the aerodrome shall be disregarded for the purposes of the notice under that subsection; and (c) any notice published in pursuance of that subsection may contain such exceptions and such incidental or supplementary provisions as the Director considers appropriate. (Amended 68 of 1994 s. 5)(4) Any owner or operator of an aircraft who fails without reasonable excuse to comply with any prohibition or restriction imposed by a notice under subsection (1) commits an offence and is liable on conviction to a fine of $50000. (Amended 68 of 1994 s. 5) (5) Subject to subsection (3), an air traffic manager who fails without reasonable excuse to secure the compliance referred to in subsection (2) commits an offence and is liable on conviction to a fine of $50000. (Added 68 of 1994 s. 5) (Enacted 1986) Cap 312 s 7 Directions to managers of airports (1) The Director may give to an airport manager such directions as he considers 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 the aerodrome; and it shall be the duty of the airport manager to comply with the directions. (2) The Director may, after consultation with an airport manager, by notice in writing require him at his own expense- (a) to provide in an area and within a period specified in the notice, and to maintain and operate in accordance with any instructions so specified, such equipment for measuring noise in the vicinity of the aerodrome as is so specified; and (b) to make to the Director such reports as are so specified with respect to the noise measured by the equipment and to permit any person authorized by the Director for the purpose to inspect the equipment on demand at any time,and it shall be the duty of the airport manager to comply with the requirements of the notice. (3) If an airport manager fails to perform any requirement or duty imposed on him by notice under subsection (2) the Director may, after affording him an opportunity of making representations to the Director with respect to the matter and after considering any representations then made by him- (a) take such steps as the Director considers appropriate for remedying the failure, which may include steps to secure the provision, maintenance and operation of equipment by the Director; and (b) recover in any court of competent jurisdiction from the airport manager any reasonable expense attributable to the taking of those steps which is incurred by the Director from time to time,and if an airport manager fails without reasonable excuse to perform any duty imposed on him by a notice under subsection (2)(b), then without prejudice to the preceding provisions of this subsection he- (i) commits an offence and is liable on conviction to a fine of $20000; and (ii) if the failure continues after his conviction of an offence under this subsection arising from the failure, is liable to a daily penalty of $10000. (Amended 68 of 1994 s. 6) Cap 312 s 8 Enforcement of prohibitions as to take off (1) If it appears to the Director that an aircraft is about to take off in contravention of any prohibition or restriction imposed in pursuance of this Ordinance, then, without prejudice to any powers exercisable by virtue of this Ordinance by the airport manager or air traffic manager, any person authorized by the Director for the purpose may detain the aircraft for such period as that person considers appropriate for preventing the contravention and may, for the purpose of detaining the aircraft, enter upon any land. (2) If it appears to a person authorized for the purpose by the airport manager that an aircraft is about to take off in contravention of any prohibition or restriction imposed in pursuance of this Ordinance, then without prejudice to any other provision of this Ordinance, the person so authorized may detain the aircraft for such period as he considers appropriate for preventing the contravention and may, for the purpose of detaining the aircraft, enter upon any land. (Amended 68 of 1994 s. 7) Cap 312 s 9 Power to make regulations Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) The Chief Executive in Council may make regulations- (Amended 36 of 1999 s. 3) (a) for carrying out the Annex; (b) specifying the circumstances in which a noise certificate may be granted and the conditions which may be imposed; (c) as to the manner and conditions of the issue, validation, renewal, extension of any certificate or other document required by this Ordinance or the regulations (including any examinations and tests to be undergone), and as to the form, custody, production, cancellation, suspension, endorsement and surrender of any such document; (d) for specifying the fees to be paid in respect of the issue, validation, renewal, extension or variation of any certificate or other document or the undergoing of any examination or test required by the regulations and in respect of any other matters in respect of which it appears to the Chief Executive in Council to be expedient for the purposes of the regulations to charge fees; (Amended 36 of 1999 s. 3) (e) for exempting from the provisions of this Ordinance or the regulations, either absolutely or conditionally, any aircraft or class of aircraft; (f) generally for restricting or mitigating aircraft noise and vibration; (g) authorizing the taking of such steps as may be necessary or expedient for the better enforcement of the Ordinance including, without derogation from the generality of the foregoing, power to enter upon or detain any aircraft; (h) prescribing the manner in which any notice under this Ordinance may be given; and (i) for any matter required or permitted by this Ordinance to be prescribed.(2) The regulations may make different provision with respect to different classes of aircraft and for different aerodromes or classes of aerodrome. (3) The regulations may provide that a contravention of specified provisions shall be an offence and may prescribe penalties therefor not exceeding a fine of $100000 and imprisonment for 2 years and, in the case of a continuing offence, to a further fine not exceeding $20000 for each day during which the offence continues. (4) The regulations may be expressed so as to apply to aircraft in the service of the State and, if so expressed, they shall so apply. (Amended 36 of 1999 s. 3) (5) The regulations may provide that- (a) any certificate or other document required by this Ordinance or the regulations shall be in such form as is for the time being approved of by the Director; and (b) any Schedule to the regulations may be amended by the Director by notice in the Gazette. (Added 68 of 1994 s. 8) Cap 312 s 10 Nuisance caused by aircraft and aircraft engines on aerodromes (1) The regulations may regulate the conditions under which noise and vibration may be caused by aircraft or aircraft engines on aerodromes and may provide that subsection (2) shall apply to any aerodrome in respect of which provision as to noise and vibration caused by aircraft is so made. (2) No action shall lie in respect of nuisance by reason only of the noise and vibration caused by aircraft or aircraft engines on an aerodrome to which this subsection applies by virtue of the regulations, as long as the provisions of any such regulations are duly complied with. Cap 312 s 11 Exemption of military aircraft Nothing in this Ordinance shall apply to military aircraft. Cap 312 SCHEDULE [sections 2 & 3] STANDARDS OF NOISE TO BE COMPLIED WITH BY AIRCRAFT Item Aircraft Standards of noise 1. All subsonic jet aircraft (Replaced L.N. 60 of 2002) Chapter 3 standards of noise 2. (Repealed L.N. 60 of 2002) (Replaced L.N. 539 of 1995)
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