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

22. Aviation Security Authority
(1) The Chief Executive shall appoint a public officer to be the Aviation Security Authority for the purposes of this Ordinance. (Amended 71 of 1999 s. 3)
(2) Any appointment made under subsection (1) shall be published in the Gazette.

23. Functions of the Authority
(1) The function of the Authority is to develop, maintain and implement the Programme.
(2) Without prejudice to the generality of subsection (1), the Authority shall—
(a) supervise compliance with the provisions of this Part; and
(b) advise persons affected by the implementation of the Programme.

24. Chief Executive may give directions
(1) The Chief Executive may give directions in writing either generally or in a particular case in relation to the exercise of any of the powers or performance of any of the functions conferred or imposed on the Authority under this Ordinance. (Amended 71 of 1999 s. 3)
(2) The Authority shall comply with any direction given under subsection (1).

25. Delegation by the Authority
(1) Subject to subsections (2) and (3), the Authority may, in writing, delegate to any public officer, either generally or for any particular purpose and either by name or by reference to an office or post, such of his powers and functions under this Ordinance as he thinks fit.
(2) No delegation made under subsection (1) shall preclude the Authority from exercising or performing at any time of the powers or functions so delegated.
(3) The Authority shall not delegate any power conferred on him by sections 53(2) and 54.

26. Aviation Security Committee
(1) There is hereby established a committee by the name of the “Aviation Security Committee”. (Amended E.R. 6 of 2019)
(2) The functions of the Committee are—
(a) to advise the Authority upon—
(i) any matter relevant to the development, maintenance and implementation of the Programme; and
(ii) such other matters relating to aviation security as the Chief Executive or the Authority may refer to the Committee;
(b) such other functions related to aviation security as the Chief Executive may from time to time direct. (Amended 71 of 1999 s. 3)
(3) The Committee shall consist of—
(a) the Authority or a representative nominated by him, who shall be the Chairman (Chairman

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

27. Aviation Security Programme
(1) The Authority shall, with the advice of the Committee, draw up an Aviation Security Programme to provide for the protection and safeguarding of aircraft including passengers and crew operating in and through Hong Kong, of the facilities of aerodromes serving international civil aviation and of the ground personnel and the general public within such aerodromes against interferences which constitute an offence under this Ordinance or any other law.
(2) The Programme may include a security programme which—
(a) applies to a particular aerodrome;
(b) applies to—
(i) an operator of an aircraft registered or operating in Hong Kong;
(ii) a person who occupies any land forming part of an aerodrome; or
(iii) a person who carries on a business—
(A) which involves handling of any article intended to be carried into an aerodrome for any purpose;
(B) which involves provision of service by personnel who have access to a restricted area;
(C) which, in the opinion of the Authority, otherwise impinges on the security of an aerodrome.
(3) The Authority may by notice in writing require—
(a) the manager of an aerodrome to submit a security programme which applies to the aerodrome;
(b) a person referred to in subsection (2) to submit a security programme which applies in relation to him,
in accordance with the requirement in the notice.
(4) Where a notice is served under subsection (3) on a person, he shall submit the relevant security programme within such period as may be specified in the notice.
(5) Where a security programme is submitted by a person under subsection (4), the Authority may by notice in writing require the person to amend the security programme in such manner as the Authority may specify in that notice.
(6) Where a notice is served under subsection (5) on a person, he shall amend the relevant security programme in such manner and within such period as may be specified in the notice.
(7) The period specified in—
(a) a notice served under subsection (3) shall not be less than 42 days after the day on which the notice is served;
(b) a notice served under subsection (5) shall not be less than 21 days after the day on which the notice is served.
(8) The person—
(a) who submits a security programme under subsection (4); or
(b) who amends a security programme under subsection (6),
shall bear the costs of the preparation or amendment, as the case may be, of the security programme.
(9) Any person who without reasonable excuse contravenes subsection (4) or (6) commits an offence and is liable to a fine at level 6.
(10) The Authority may, with the advice of the Committee, amend the Programme.

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

28. Security direction
(1) The Authority may, for the purpose of implementation of the Programme, issue a security direction to any person to whom subsection (3) applies requiring him to take such measures as are specified in the direction.
(2) Where the Authority intends to issue a security direction, he may seek the Committee’s advice on the proposed direction before issuing it.
(3) This subsection applies to—
(a) the Airport Authority;
(b) the manager of an aerodrome other than an aerodrome which is principally used by aircraft in military service;
(c) any operator of an aircraft registered or operating in Hong Kong;
(d) any person who occupies any land forming part of an aerodrome;
(e) any person who is permitted to have access to a restricted area in an aerodrome for the purposes of the activities of a business carried on by him;
(f) any person who manages navigational or other aviation related facilities that are important to the continued operation of international civil aviation;
(g) any person who carries on a business—
(i) which involves handling of any article intended to be carried into an aerodrome for any purpose;
(ii) which involves provision of service by personnels who have access to a restricted area;
(iii) which, in the opinion of the Authority, otherwise impinges on the security of an aerodrome.
(4) The Authority may, by a security direction—
(a) revoke wholly or partly another security direction issued previously;
(b) modify another security direction issued previously in such manner as he thinks fit.
(5) Any person who without reasonable excuse fails to comply with the requirements of a security direction issued to him commits an offence and is liable—
(a) on summary conviction, to a fine at level 3;
(b) on conviction on indictment, to a fine of $500,000 and to imprisonment for 2 years.
(6) Where a person is convicted of an offence under subsection (5)(a), then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and liable on conviction to a fine not exceeding $1,000 for each day on which such further offence continues.