(Cap 208 section 26) [1 September 1977] (L.N. 131 of 1977) Cap 208A reg 1 Citation These regulations may be cited as the Country Parks and Special Areas Regulations. Cap 208A reg 2 Interpretation Remarks: Amendments retroactively made - see 29 of 1998 s. 105 In these regulations, unless the context otherwise requires- "arms" (枪械) includes- (a) any firearm of any description from which any shot, bullet or other missile can be discharged; (b) any air gun, air rifle or air pistol from which any shot, bullet or other missile can be discharged; and (c) any propelling or releasing instrument or mechanism from or by which any shell, cartridge or projectile can be discharged, including a bow and arrow or catapult;"authorized officer" (获授权人员) means any person appointed by the Authority as an authorized officer under regulation 16; "designated barbecue site" (指定烧烤地点) and "designated camping site" (指定露营地点) means a barbecue site or camping site designated by the Authority under regulation 14; "hunting or trapping appliance" (猎捕或陷阱类器具) means any net, gin, snare, poison or poisoned weapon, bird lime, trap or bright light; "plant" (植物) includes- (a) timber, trees and shrubs; and (b) leaves, roots, flowers, fruit, tubers, bulbs, corms, stocks, cuttings, layers, slips, suckers, seeds and any part of a plant;"road" (道路) includes every highway, thoroughfare, street, lane, alley, court, square, archway, passage, path, way and place to which the public have access, either continuously or intermittently and either of right or by licence, whether the same be the property of the Government or otherwise; (29 of 1998 s. 105) "soil" (土壤) includes earth, sand, clay and peat; "vehicle" (车辆) means any vehicle, whether mechanically propelled or otherwise, intended or adapted for use on roads and includes a rickshaw but does not include a perambulator or any conveyance for use solely on railways or tramways. Cap 208A reg 3 Application These regulations shall apply to country parks and special areas. Cap 208A reg 4 Prohibition on bringing vehicles into country parks and special areas (1) Subject to subregulation (2), no person shall, except with the consent of the Authority, bring into a country park or special area any vehicle or bicycle, or drive, use or be in possession of any vehicle or bicycle within a country park or special area. (2) Subregulation (1) shall not apply- (a) to any person driving, using or in possession of a vehicle or bicycle on any road designated by the Authority for such purposes and so marked by him or in any car park so designated; or (b) to any person riding a bicycle within a country park or special area if he is ordinarily resident within the park or special area.(3) Any person who parks a vehicle in a car park designated by the Authority shall pay such fee as is prescribed in the Schedule. Cap 208A reg 5 Prohibition on bringing cattle, sheep, goats, etc. into country park or special area (1) Subject to subregulation (2), no person shall, except in accordance with a permit in writing granted by the Authority, bring into any country park or special area or have control of within such park or area, any cattle, equines, sheep, goats, pigs, dogs, cats or poultry. (2) Subregulation (1) shall not apply- (a) to a person who brings into a country park or special area a dog and who keeps the dog under control while within the country park or special area; (b) to a person who rides or leads a horse along a path or track approved by the Authority for such purpose and so marked by him; (c) to a person who, being ordinarily resident within a country park or special area, keeps any cattle, equines, sheep, goats, pigs, dogs, cats or poultry on his own land or on land over which he has a right to graze such animals or poultry. Cap 208A reg 6 Prohibition on carrying hunting or trapping appliances or arms No person shall, except in accordance with a permit in writing granted by the Authority, within any country park or special area, carry, have in his possession, or discharge any hunting or trapping appliance or arms. Cap 208A reg 7 Control of fires etc. (1) No person shall within a country park or special area- (a) carry or have in his possession any lantern, cooking stove or other similar apparatus which uses flame except in a designated barbecue site or a designated camping site or when travelling from the country park or special area boundary to such designated site or from such site to the entrance; (b) carry or have in his possession any flare, flame-gun, fire-balloon or other similar device; (c) light, or use any fire, or be a member of a group which uses any fire, whether or not lit by any person in the group, except in a designated barbecue site or in a designated camping site; or (d) discard any match, lighted cigarette, pipe ash or other substance in a manner likely to cause a fire.(2) The Authority may, if he considers it necessary in the interests of good management so to do, prohibit the lighting or the use of fire in any country park or special area or part thereof, including any designated barbecue site or a designated camping site and display notices of such prohibition in English and in Chinese in such prominent positions as he shall determine. (3) Subregulation (1)(a) and (c) shall not apply to any person who, being ordinarily resident within a country park or special area- (a) has in his possession any lantern, cooking stove or other similar apparatus which uses flame within his dwelling place or its curtilage; (b) carries any lantern, cooking stove or other similar apparatus which uses flame from the boundary of the country park or special area to his dwelling house or from his dwelling house to such entrance; (c) lights or uses any fire within his dwelling house or its curtilage. Cap 208A reg 8 Protection of vegetation and soil Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 53; 34 of 2000 s. 3 (1) Subject to subregulation (2), no person shall within a country park or special area, except in accordance with a permit in writing granted by the Authority- (a) cut, pick or uproot any plant or part of a plant, whether living or dead; (b) dig, cultivate or disturb the soil; or (c) sow or plant any seeds or plants, whether as a crop or not.(2) Subregulation (1) shall not apply to a person who cuts, picks, uproots, digs, cultivates or disturbs any plant, part of a plant or soil or who sows or plants any seeds or plants under a Government lease or a licence or permit granted under the Land (Miscellaneous Provisions) Ordinance (Cap 28) or a licence or lease issued by the Commissioner of Mines. (29 of 1998 s. 53; 34 of 2000 s. 3) Cap 208A reg 9 Control of trading (1) No person shall, except in accordance with a permit in writing granted by the Authority- (a) bring into or allow to remain in any country park or special area any commodity or article which is intended or is likely to be sold or let on hire; (b) within any country park or special area sell, or offer or expose for sale, or let on hire, or offer or expose for letting on hire, any commodity or article.(2) Where an authorized officer believes that any person is likely to act in contravention of subregulation (1)(a) he may take such steps as are reasonably necessary to prevent that person from bringing in or allowing to remain in any country park or special area any commodity or article. (3) The Authority or an authorized officer may remove any person from a country park or special area if he has reason to believe that such person has contravened subregulation (1). Cap 208A reg 10 Prohibition on displaying signs, erecting buildings (1) No person shall, within a country park or special area except in accordance with a permit in writing granted by the Authority- (a) display any sign, notice, poster, banner or advertisement; (b) construct or erect any building, hut or shelter or excavate any cave; (c) construct or excavate any grave or deposit any human body in any grave so constructed or excavated; or (d) deposit any urn containing human remains.(2) Where there has been a contravention of subregulation (1)(a) or (b), the Authority may remove any sign, notice, poster, banner, advertisement, building, hut or shelter or fill in any cave. Cap 208A reg 11 Control of meetings and various activities (1) No person shall within a country park or special area, except in accordance with a permit in writing granted by the Authority- (a) hold any public meeting or sporting competition, make any public speech or address any public meeting; (b) hold any event organized for the purpose of raising funds, whether for charity or otherwise; or (c) carry on any activity for the purpose of, or incidental to, any business, except where such activity is otherwise permitted under these regulations.(2) No person shall within a country park or special area- (a) play any competitive team game; or (b) operate any power driven model boat, power driven model aeroplane or power driven model vehicle;except in any area approved for the purpose by the Authority and marked by him with signboards and markers. (3) No person shall camp or erect a tent or temporary shelter within a country park or special area except- (a) in accordance with a permit in writing granted by the Authority; and (b) in a designated camping site. Cap 208A reg 12 Prevention of nuisances (1) No person shall within a country park or special area- (a) wilfully or negligently deface, injure, soil or defile any noise, marker, fence, budding, shelter, equipment or installation erected, used or maintained by the Authority; (b) wilfully or negligently obstruct or pollute in any way any stream, water course, pool or body of water; (c) deposit any litter, paper or rubbish, except into the bins or containers provided for such purpose; (d) cause a public disturbance, behave in an offensive or indecent manner or be otherwise than properly clothed; (e) spit, except into a latrine or into a channel or drain provided for the carriage of sewage, sullage, waste water or excretal matter; (f) be under the influence of drugs; (g) to the annoyance of any other person operate or play, or make any sounds on, any musical or other instrument, including any gramophone or radio apparatus, or sing any song or shout; (h) beg or gather alms or, for the purpose of gathering alms, expose or exhibit any sores, wounds or bodily ailments or deformity. (41 of 1980 s. 50)(2) No offence under subregulation (1)(b) is committed by a person who makes a discharge or deposit under and in accordance with a licence under the Water Pollution Control Ordinance (Cap 358). (41 of 1980 s. 50; 67 of 1990 s. 23) Cap 208A reg 13 Closure of country parks and special areas (1) The Authority may, if he considers it necessary in the interests of good management, close to the public the whole or any part of a country park or special area. (2) A closure under subregulation (1) shall be effected by the Authority displaying in such prominent positions as he shall determine notices in English and in Chinese prohibiting entry to the park or area or to the part thereof that has been closed. (3) Subject to subregulation (6), where a notice has been displayed under subregulation (2), no person shall- (a) enter the country park or special area, or part thereof, that has been closed; (b) remain in such park, area or part after being requested to leave by the Authority or an authorized officer; or (c) knowingly remain in such park, area or part more than 12 hours after the time when the notice was displayed.(4) During the period when a country park or special area or part thereof is closed any permit granted by the Authority under these regulations and relating to that park or area, or part thereof, shall be suspended. (5) Where a closure under subregulation (1) has extended, or is likely to extend, beyond a period of 4 weeks, the Authority shall publish in the Gazette a notice of the closure. (6) Subregulation (3) shall not apply to any person ordinarily resident in the country park or special area, or part thereof, which has been closed. Cap 208A reg 14 Designated barbecue sites and camping sites The Authority may designate and set aside any place within a country park or special area to be a barbecue site or camping site. Cap 208A reg 15 Powers of inspection and seizure (1) A person to whom a permit under these regulations is granted shall, on being so required by the Authority or an authorized officer, produce the permit for inspection, together with means of identification. (2) Where the Authority or an authorized officer has reason to believe that a person has committed an offence under these regulations he may seize any commodity, article or animal (other than a vehicle), whether in the possession of such person or not, in respect of which the Authority or the authorized officer has reason to believe that the offence was committed. (3) Any animal seized under subregulation (2) shall be impounded under the Pounds Ordinance (Cap 168) as if it were a stray animal. (4) Where any commodity or article has been seized under subregulation (2) it shall, if perishable, be disposed of by the Authority, but otherwise shall be dealt with in accordance with section 102 of the Criminal Procedure Ordinance (Cap 221). Cap 208A reg 16 Authorized officers The Authority may appoint any public officer or class of public officer to be an authorized officer for the purposes of these regulations; and an authorized officer shall have such powers and discharge such duties as are conferred on or imposed on authorized officers under these regulations. Cap 208A reg 17 Obstruction Any person who obstructs the Authority or an authorized officer in the lawful exercise of any power conferred by or the lawful discharge of any duty imposed under these regulations commits an offence and is liable to a fine of $5000. Cap 208A reg 18 Permits (1) An application for a permit under these regulations shall be made in writing to the Authority and shall be accompanied by the appropriate fee prescribed in the Schedule, except where a permit is to be issued free of charge. (2) Upon receipt of an application under subregulation (1) and upon payment of the fee (if any), the Authority may- (a) grant a permit, subject to such conditions as he thinks fit; or (b) refuse to grant a permit.(3) A permit shall be valid for such period as may be stated thereon. (4) A permit shall be revoked if the holder thereof- (a) contravenes any regulation, whether or not he is convicted of an offence under these regulations; (b) contravenes or fails to comply with any condition subject to which the permit was granted.(5) If the Authority is satisfied that a permit has been lost, destroyed or accidentally defaced, he may issue a duplicate thereof for which, in the case of a permit for which a fee is charged, he shall pay either the original fee, as specified in the Schedule or $50, whichever is the less. (6) Any person who is aggrieved by the refusal, revocation or suspension of a permit may, within 14 days after the receipt of the notice of refusal, revocation or suspension appeal in writing to the Chief Secretary for Administration, who may confirm, vary or set aside such refusal, revocation or suspension. (L.N. 362 of 1997) (7) The grant by the Authority of a permit to any person in respect of any act or thing done under these regulations shall be without prejudice to any other licence, permit or consent which that person may be required to obtain under any other enactment. Cap 208A reg 19 Application to Crown servants and waterworks contractors (1) These regulations shall not apply to, and regulation 4 shall not apply in respect of a vehicle or bicycle being used by- (a) any person in the public service of the Crown while he is within a country park or special area acting in the course of his duties; (b) any person, not being a person in the public service of the Crown, who is authorized by the Water Authority to carry out the construction, operation or maintenance of waterworks within a country park or special area.(2) In this regulation "person in the public service of the Crown" (官方公共服务人员) means a person who is- (a) a public officer; (b) a member of Her Majesty's forces; or (c) a member of- (i) (Repealed 20 of 1997 s. 25); (ii) the Royal Hong Kong Auxiliary Air Force; (iii) the Hong Kong Auxiliary Police Force; (L.N. 362 of 1997) (iv) the Essential Services Corps; (57 of 1997 s. 34) (v) the Auxiliary Medical Service; (57 of 1997 s. 34; 58 of 1997 s. 34) (vi) the Civil Aid Service. (58 of 1997 s. 34) Cap 208A reg 20 Offences and penalties (1) Any person who contravenes regulation 4, 5, 6, 8, 9, 10, 11, 12 or 13(3) commits an offence and is liable to a fine of $2000 and to imprisonment for 3 months and, where the offence is a continuing offence to an additional fine of $100 for each day during which the offence has continued. (2) Any person who when driving a vehicle or riding a bicycle or horse within a country park or special area refuses or wilfully fails to stop when called upon to do so by an authorized officer acting in the course of his duties commits an offence and is liable to a fine of $2000 and to imprisonment for 3 months. (3) Any person who contravenes regulation 7(1) or, when the Authority has prohibited the use of fire under regulation 7(2), any person who lights or uses any fire in any country park or special area in contravention of such prohibition, commits an offence and is liable on conviction to a fine of $5000 and to imprisonment for 1 year. (4) If a person who is required under regulation 15(1) to produce a permit fails, without reasonable excuse, to do so, that person commits an offence and is liable to a fine of $1000. Cap 208A SCHEDULE [regulations 4 & 18] FEES Regulation Description Fee 4(3) Fee for parking a vehicle in a designated car park in a country park or special area Nil 5(1) Permit to bring cattle, equines, sheep, goats, pigs, dogs, cats or poultry into a country park or special area Nil 6 Permit to carry, possess or discharge any hunting or trapping appliance or arms Nil 8(1) Permit to cut, pick or uproot any plant or part thereof, to dig, cultivate or disturb the soil or to sow or plant any seeds or plants Nil 9(1) Permit to sell or let on hire any commodity or article $1430 for each month or part thereof 10(1)(a) Permit to display any sign, notice, poster, banner or advertisement $237 for each month or part thereof 10(1)(b) Permit to construct or erect any building, hut or shelter or excavate any cave $317 for each building, hut, shelter or cave 10(1)(c) Permit to construct or excavate any grave or deposit any human body in a grave Nil 10(1)(d) Permit to deposit any urn containing human remains Nil 11(1)(a) Permit to hold any public meeting or sporting competition, make any public speech or address any public meeting $467 for each event 11(1)(b) Permit to hold any event organized for the purpose of raising funds, whether for charity or otherwise $467 for each event 11(1)(c) Permit to carry on any activity for the purpose of, or incidental to, any business $237 per day 11(3)(a) Permit to camp or to erect a tent or temporary shelter at a designated camping site Nil (L.N. 326 of 1992; L.N. 38 of 1995; L.N. 178 of 1996; L.N. 473 of 1997; L.N. 349 of 2000; L.N. 30 of 2001)
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