### Aviation Security Ordinance 《航空保安條例》

41. Certain works must be to the satisfaction of the Authority
(1) No person shall undertake any work relating to the construction, installation or alteration of—
(a) any equipment or facilities in any part of an aerodrome specified by the Authority; or
(b) any air navigation installation,
unless the provisions of Programme are complied with to the satisfaction of the Authority in relation to such equipment, facilities or installation.
(2) No person shall undertake any work for the construction or alteration of any part of an aerodrome specified by the Authority except in accordance with a written proposal for the work is submitted to and approved by the Authority under subsection (4)(a) or (b) before the commencement of such work.
(3) A proposal for any work submitted under subsection (2) shall—
(a) contain such particulars; and
(b) be accompanied by such plans,
as the Authority may reasonably require to enable himself to properly consider the proposal.
(4) Where a proposal is received by the Authority from any person, the Authority shall, within 30 days after the day on which the proposal is received, by written notice given to the person—
(a) approve the proposal;
(b) approve the proposal subject to the conditions specified in the notice; or
(c) reject the proposal.
(5) Where the Authority fails to comply with subsection (4) in relation to a proposal, the proposal shall be deemed to be approved by the Authority upon the expiry of the period of 30 days after the day on which the proposal is received.
(6) Any person who contravenes subsection (1) or (2) commits an offence and is liable to a fine at level 6.

42. Procedures for handling certain classes of passengers
(1) The Authority may give directions specifying the procedure to be followed in the handling of particular classes or descriptions of passengers specified in the direction by the manager of any aerodrome or the operator of any aircraft which is registered or operating in Hong Kong.
(2) A direction given under subsection (1) shall be contained in a notice in writing served on the relevant manager or operator.
(3) A person who fails to follow a procedure specified in a direction given to him under subsection (1) commits an offence and is liable to a fine at level 5.

43. Interpretation (Part IX)
In this Part—
direction (指示) means—
(a) a security direction; or
(b) a direction given under section 38(1) or 39(1).

### Aviation Security Ordinance 《航空保安條例》

44. Limitations on scope of directions
(1) A direction shall not have effect in relation to any aircraft of which the operator is the government of a country, territory or place outside Hong Kong or is a department or agency of such a government, except at a time when any such aircraft is being used for the carriage of passengers or cargo for reward or is for the time being allocated by that government, department or agency for such use. (Amended 71 of 1999 s. 3)
(2) A direction (except in so far as it requires any building or other works to be constructed, executed, altered, demolished or removed) shall not be construed as requiring or authorizing the person to whom the direction was given, or any person acting as his employee or agent, to do anything which, apart from the direction, would constitute an act of violence; but nothing in this subsection shall restrict the use of such force as is reasonable in the circumstances whether at the instance of the person to whom the direction was given or otherwise by a police officer.
(3) In so far as a direction requires anything to be done or not done at a place outside Hong Kong—
(a) it shall not have effect except in relation to aircraft registered in Hong Kong; and
(b) it shall not have effect so as to require anything to be done or not done in contravention of any provision of the law (whether civil or criminal) in force at that place, other than any such provision relating to breach of contract.
(4) In so far as a direction given to the manager of an aerodrome or to any person mentioned in section 28(3)(d) or (e) requires any building or other works to be constructed, executed, altered, demolished or removed on land outside the aerodrome, or requires any other measures to be taken on such land, the direction shall not confer on the person to whom it is given any rights as against a person having—
(a) an interest in that land; or
(b) a right to occupy that land; or
(c) a right restrictive of its use,
and accordingly the direction shall not be construed as requiring the person to whom it is given to do anything which would be actionable at the suit or instance of such a person having such interest or right in his capacity as a person having that interest or right.
(5) A direction shall be given by serving a notice in writing containing the direction.
(6) Nothing in this section shall be construed as derogating from any immunity of the Government.

45. General direction
A direction need not be addressed to a particular person, but may be framed in general terms applicable to all persons to whom such a direction may be given or to any class of such persons to which that particular person belongs.

### Aviation Security Ordinance 《航空保安條例》

46. Enforcement notice
(1) Where an authorized officer is of the opinion that any person has failed to comply with any requirement of a direction given to him, he may serve on that person a notice—
(a) specifying that requirement of the direction with which he has, in the opinion of the authorized officer, failed to comply; and
(b) specifying, subject to section 47, the measures that ought to be taken in order to comply with those requirements.
(2) Before serving any enforcement notice which relates to a direction given under section 39(1), the authorized officer shall inform the Authority of the measures proposed to be specified in the notice, and shall take account of any advice given to him by the Authority with respect to those proposals.

47. Contents of enforcement notice
(1) An enforcement notice may specify in greater detail measures which are described in general terms in those provisions of the direction to which it relates which impose general requirements, but may not impose any requirement which could not have been imposed by a direction given by the Authority under the provision under which the direction was given.
(2) An enforcement notice may be framed so as to afford the person on whom it is served a choice between different ways of complying with the specified requirements of the direction.
(3) Subject to subsection (4), an enforcement notice which relates to a direction given under section 39 must require the person to whom the direction was given not to cause or permit things to be done as mentioned in subsection (1)(a) or (b) or (2) of that section, as the case requires, until the specified measures have been taken.
(4) In serving an enforcement notice which relates to a direction under section 39(2), the authorized officer shall allow, and shall specify in the notice, such period as appears to him to be reasonably required for taking the measures specified in the notice; and the notice shall not take effect before the end of the period so specified.
(5) An enforcement notice which relates to a direction must either—
(a) require the person to whom the direction was given to take the measures specified in the notice within a period so specified which—
(i) where the measures consist of or include the construction, execution, alteration, demolition or removal of a building or other works, must not be less than 30 days after the day on which the notice is served; and
(ii) in any other case, must not be less than 7 days after the day on which the notice is served; or
(b) require him not to do things so specified, or cause or permit things to be done, until the measures so specified have been taken.
(6) Subject to section 50, an enforcement notice requiring a person not to cause or permit anything to be done shall be construed as requiring him to take all such steps as in any particular circumstances are practicable and necessary to prevent that thing from being done.