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

12C. Request and undertaking
(1) Sections 12A and 12B do not apply to an act committed by any person on board a non-Hong Kong-controlled aircraft while in flight elsewhere than in or over Hong Kong unless—
(a) the next place of landing of the aircraft is in Hong Kong; and
(b) the commander of the aircraft, in the form set out in Schedule 3—
(i) makes a request to the Hong Kong Police Force to commence proceedings against the person; and
(ii) gives an undertaking that he, and the operator of the aircraft, has not made and will not make a similar request to the authorities of any place outside Hong Kong.
(2) A request and undertaking by a commander of an aircraft in the form set out in Schedule 3 shall—
(a) be admissible in evidence in any proceedings before a court in Hong Kong; and
(b) in the absence of evidence to the contrary, be sufficient evidence of the matters stated in the form.
(3) For the avoidance of doubt, a person in respect of whom a request is made in the form set out in Schedule 3 may be charged with or convicted of any offence under the law of Hong Kong for which he may be liable, notwithstanding that the offence is not stated in that form to have been suspected to have been committed.
(Added 14 of 2005 s. 4)

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

13. Powers exercisable on suspicion of intended offences
(1) Where an employee of an operator of an aircraft, a person authorized in that behalf by such operator, the manager of an aerodrome, a person authorized in that behalf by such manager, a police officer or any other public officer has reasonable grounds to suspect that a person about to embark on an aircraft in Hong Kong or a person on board such an aircraft intends to commit, in relation to the aircraft, an offence under section 8, 9, 11, 12, 12A or 12B, the employee, manager, person or officer may prohibit such person from travelling on board the aircraft, and for the purpose of enforcing that prohibition the employee or officer— (Amended 14 of 2005 s. 5)
(a) may prevent the person from boarding the aircraft or, as the case may be, remove the person from the aircraft; and
(b) may arrest the person without warrant and—
(i) detain the person for so long as may be necessary for that purpose; or
(ii) (if the person making the arrest is not himself a police officer) shall deliver the person so arrested to a police officer as soon as reasonably practicable.
(2) A person who wilfully obstructs any person acting in the exercise of a power conferred by subsection (1) commits an offence and is liable—
(a) on summary conviction, to a fine at level 2;
(b) on conviction on indictment, to a fine at level 4 and to imprisonment for 2 years.
(3) Subsection (1) has effect without prejudice to the operation in relation to any offence under this Ordinance of any law relating to the power to arrest without warrant.
[cf. 1973 c. 47 s. 19 U.K.]

14. Prosecution of offences
Proceedings for a relevant offence shall not be instituted except by or with the consent of the Secretary for Justice.
(Amended L.N. 362 of 1997)

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

15. Endangering safety at aerodromes
(1) It is an offence for any person to commit, whether by means of any device, substance or weapon or otherwise, wilfully in an aerodrome serving international civil aviation any act of violence which—
(a) causes or is likely to cause death or serious personal injury; and
(b) endangers or is likely to endanger the safe operation of the aerodrome or the safety of persons in the aerodrome.
(2) It is an offence for any person by means of any device, substance, weapon or otherwise unlawfully and wilfully—
(a) to destroy or seriously to damage—
(i) property used for the provision of any facilities in an aerodrome serving international civil aviation (including any apparatus or equipment so used); or
(ii) any aircraft which is in such an aerodrome but is not in service; or
(b) to disrupt the services of such an aerodrome,
in such a way as to endanger or be likely to endanger the safe operation of the aerodrome or the safety of persons in the aerodrome.
(3) Subsections (1) and (2) apply whether any such act as is referred to in those subsections is committed in Hong Kong or elsewhere.
(4) A person who commits an offence under this section is liable on conviction on indictment to imprisonment for life.
(5) In this section, aerodrome (機場) includes any area of land or water outside Hong Kong which would have fallen within the definition of aerodrome in section 2(1) if it was in Hong Kong.(Amended E.R. 6 of 2019)

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

16. False statements relating to baggage, cargo etc.
(1) Any person who, in answer to a question which—
(a) relates to any baggage, cargo or stores (whether belonging to him or to another) that is or are intended for carriage by an aircraft registered or operating in Hong Kong; and
(b) is put to him for the purposes to which Part VIII applies—
(i) by any of the persons to whom subsection (2) applies;
(ii) by any employee or agent of such a person in his capacity as employee or agent; or
(iii) by a police officer,
makes a statement which he knows to be false or misleading in a material particular, or recklessly makes a statement which is false or misleading in a material particular commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(2) This subsection applies to—
(a) the manager of an aerodrome;
(b) the operator of an aircraft registered or operating in Hong Kong; or
(c) any person who—
(i) is permitted to have access to a restricted area in an aerodrome for the purposes of the business carried on by him; or
(ii) has control in that restricted area over the baggage, cargo or stores to which the question relates.
(3) In this section—
cargo (貨物) includes mail;
stores (物料) means goods intended for sale or use in the restricted zone, including spare parts and other articles of equipment, whether or not for immediate fitting.

17. Unauthorized presence on board aircraft
(1) A person shall not—
(a) get onto an aircraft in an aerodrome except with the permission of the operator of the aircraft or a person acting on his behalf; or
(b) remain on such an aircraft after being requested to leave by the operator of the aircraft or a person acting on his behalf.
(2) A person who contravenes subsection (1) without reasonable excuse commits an offence and is liable on conviction to a fine at level 3.

21. Extraterritorial application of sections 8, 9, 11, 12, 12A, 12B and 15
Where an act constitutes an offence by virtue of section 8, 9, 11, 12, 12A, 12B or 15 and proceedings are taken for the offence and the court in which the proceedings are brought has not, apart from this section, jurisdiction to hear and determine the proceedings, then for the purpose of conferring such jurisdiction the act shall be treated as having occurred in Hong Kong.
(Amended 14 of 2005 s. 6)