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

6. Restrictions on landing and taking 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.
(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.
(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 at level 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 at level 5. (Added 68 of 1994 s. 5)
(Amended 68 of 1994 s. 5; E.R. 1 of 2013)

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

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 at level 4; 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 $10,000.
(Amended 68 of 1994 s. 6; E.R. 1 of 2013)

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

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)