### Civil Aviation (Aircraft Noise) (Certification) Regulations 《民航(飛機噪音)(證明)規例》

10. Noise certificate to be carried on the aircraft
(1) An aircraft shall not land or take off in Hong Kong unless a noise certificate or other documentary proof which is required by section 3 of the Ordinance is—
(a) carried on the aircraft; or
(b) in the case of a flight which is intended to begin and end at the same aerodrome, kept at that aerodrome.
(2) If an aircraft does not comply with paragraph (1) its owner and operator each commits an offence and is liable to a fine at level 5.
(3) The commander of an aircraft shall, within a reasonable time and in any event within 24 hours after being requested to do so by the Director, cause to be produced to the Director the noise certificate or documentary proof required by section 3 of the Ordinance.
(4) If the commander of an aircraft fails to comply with paragraph (3)—
(a) he commits an offence and is liable to a fine at level 3; and
(b) the owner and operator of the aircraft each commits an offence and is liable to a fine at level 5.
(5) It shall be a defence in proceedings against the owner or operator of an aircraft for an offence under paragraph (4)(b), for the owner or operator to prove that at the date of the alleged offence he did not know, and could not with reasonable diligence have discovered, that the commander had failed to comply with paragraph (3).
(E.R. 1 of 2012)

11. Offences in relation to noise certificates
(1) A person shall not with intent to deceive—
(a) use any noise certificate which has been cancelled or suspended, or to which he is not entitled;
(b) lend any noise certificate to, or allow it to be used by, any other person; or
(c) make any false representation for the purpose of procuring for himself or any other person the grant of a noise certificate.
(2) Any person who contravenes paragraph (1) commits an offence and is liable to a fine at level 5 and to imprisonment for 6 months.
(E.R. 1 of 2012)

12. Obstruction of persons
Any one who intentionally obstructs or impedes the Director, the Deputy Director, or any person authorized by either of them under regulation 2(2), in the exercise of his functions under these regulations, commits an offence and is liable to a fine at level 5 and to imprisonment for 6 months.
(E.R. 1 of 2012)

### Civil Aviation (Aircraft Noise) (Certification) Regulations 《民航(飛機噪音)(證明)規例》

13. Power to prevent aircraft flying
(1) If it appears to the Director that any aircraft is intended or likely to be flown in such circumstances that section 3 of the Ordinance would be contravened in relation to the flight, the Director may direct the operator or the commander of the aircraft that he is not to permit the aircraft to make the flight, or any other flight of such description as may be specified in the direction, until the direction has been revoked by the Director.
(2) The operator or commander of an aircraft who fails without reasonable excuse to comply with a direction given to him under paragraph (1) commits an offence and is liable to a fine at level 5 and to imprisonment for 6 months.
(3) For the purpose of paragraph (1) the Director may enter upon and inspect any aircraft.
(E.R. 1 of 2012)

14. Right of access to aerodromes and other places
The Director shall, for the purposes of ascertaining whether section 3 of the Ordinance and these regulations are being complied with and of exercising his functions under the Ordinance and these regulations, have a right of access at all reasonable times to any aerodrome or other place where an aircraft which he has power to inspect has landed and where there are documents that he has power to demand.

15. Certificate of authority
Any person who performs any function under Part 3 and does so on the authority of the Director or the Deputy Director under regulation 2(2) shall, at the request of the commander or operator of the aircraft, produce to the commander written evidence of that authority.
(E.R. 1 of 2012)

16. Notices
Without prejudice to the manner in which any notice may otherwise be given, any notice to be given to the owner or operator of an aircraft under the Ordinance or these regulations may be given by addressing it to the owner or operator by name, if known, and otherwise as the “owner” or, as the case may be, the “operator” of the aircraft, and by delivering it to the commander thereof or, where the owner or operator has a general sales or handling agent in Hong Kong, to such agent.

17. Fees
The fees specified in Schedule 2 shall be payable to the Director in respect of applications for the grant of noise certificates and the issue of duplicate noise certificates.
(E.R. 1 of 2012)

### Civil Aviation (Aircraft Noise) Ordinance 《民航(飛機噪音)條例》

1. Short title
This Ordinance may be cited as the Civil Aviation (Aircraft Noise) Ordinance.

### Civil Aviation (Aircraft Noise) Ordinance 《民航(飛機噪音)條例》

3. Prohibition on landing or taking off without a noise certificate
(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)
(Amended 36 of 1999 s. 3)

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.

### Civil Aviation (Aircraft Noise) Ordinance 《民航(飛機噪音)條例》

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 the duty of the person to whom the direction is given to comply with the direction: (Amended 68 of 1994 s. 4)

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.
(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 at level 5.
(Amended 68 of 1994 s. 4; E.R. 1 of 2013)