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

48. Offences relating to enforcement notice
(1) Any person who, without reasonable excuse, fails to comply with an enforcement notice served on 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 at level 6.
(2) Where a person is convicted of an offence under subsection (1), 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.
(3) Any person who wilfully interferes with any building constructed or works executed on any land in compliance with an enforcement notice or with anything installed on, under, over or across any land in compliance with such a notice commits an offence and is liable—
(a) on summary conviction, to a fine at level 3;
(b) on conviction on indictment, to a fine at level 6.

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

49. Objections to enforcement notice
(1) The person on whom an enforcement notice is served may serve on the Authority a notice in writing of his objection to the enforcement notice, specifying the grounds of the objection.
(2) Any notice of objection under subsection (1) must be served—
(a) where the enforcement notice specifies measures falling within section 47(5)(a)(i) before the end of the period of 30 days after the day on which the enforcement notice was served; or
(b) in any other case, before the end of the period of 7 days after the day on which the enforcement notice was served.
(3) The grounds of objection to an enforcement notice are—
(a) that the general requirements of the direction which are specified in the notice for the purposes of section 46(1)(a) have been complied with;
(b) that the notice purports to impose a requirement which could not have been imposed by a direction given under the provision under which the direction to which the notice relates was given; or
(c) that any requirement of the notice—
(i) is unnecessary for complying with the general requirements specified as mentioned in paragraph (a) and should be dispensed with; or
(ii) having regard to the terms of those general requirements, is excessively onerous or inconvenient and should be modified in a manner specified in the notice of objection under subsection (1).
(4) Where the person on whom an enforcement notice is served serves a notice under subsection (1) objecting to the enforcement notice, the Authority shall consider the grounds of the objection and, if so required by the objector, shall afford to him a reasonable opportunity of appearing before and being heard by a public officer appointed by the Authority for the purpose, who shall then decide on the objection by—
(a) confirming the enforcement notice as originally served; or
(b) confirming the enforcement notice subject to one or more modifications specified in the notice under this subsection; or
(c) cancelling the enforcement notice.
(5) A decision under subsection (4) shall be notified to the objector by the Authority by a notice in writing.
(6) An enforcement notice to which an objection has been made under subsection (1)—
(a) if it contains such a requirement as is mentioned in section 47(3) or (5)(b), shall continue to have effect as originally served until it has been cancelled, or it has been confirmed subject to modification by a notice under subsection (5); and
(b) in any other case, shall not take effect until it has been confirmed (with or without modification) by a notice under subsection (5).

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

50. Enforcement notices: supplementary
(1) An enforcement notice served on any person—
(a) may be revoked by a notice served on him by an authorized officer; and
(b) may be varied by a further enforcement notice.
(2) Sections 29(2), (3) and (4), 40 and 44 apply to an enforcement notice as they apply to the direction to which the notice relates.
(3) Where an authorized officer has served an enforcement notice specifying the general requirements of a direction with which the person on whom it is served has, in the opinion of the authorized officer, failed to comply, the person on whom the notice is served shall not be taken, for the purposes of section 28(5), 37(9), 38(4) or 39(3) to have failed to comply with the direction by reason of the matters specified in the notice.
(4) Subsection (3) does not apply in relation to any proceedings commenced before the service of the enforcement notice.
(5) Where an enforcement notice has been served in relation to a direction, the fact that the notice specifies certain general requirements of the direction as those with which the person on whom the notice is served has, in the opinion of the authorized officer, failed to comply shall not in any proceedings be evidence that any other requirement of the direction has been complied with.

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

51. Operation of directions in relation to rights and duties under other laws
(1) The following provisions of this section, where they refer to a direction, shall be construed as referring to that direction as it has effect subject to any limitation imposed on its operation—
(a) by section 44; or
(b) by any immunity of the Government,
and any reference in those provisions to compliance with such a direction shall be construed as a reference to compliance with it subject to any limitation so imposed.
(2) In so far as any such direction requires anything to be done or not done in Hong Kong the direction shall have effect notwithstanding anything contained in any contract (whether a Hong Kong contract or not) or contained in, or having effect by virtue of, any other law, and accordingly no proceedings (whether civil or criminal) shall lie against any person in any Hong Kong court by reason of anything done or not done by him or on his behalf in compliance with such a direction.
(3) In so far as a direction requires anything to be done or not done at a place outside Hong Kong, the direction shall have effect notwithstanding anything contained in any contract (whether a Hong Kong contract or not), and accordingly, where such a direction is inconsistent with anything in such a contract, it shall (without prejudice to any proceedings in a court other than a Hong Kong court) be construed as requiring compliance with the direction notwithstanding that compliance would be in breach of that contract.
(4) No proceedings for breach of contract shall lie against any person in a Hong Kong court by reason of anything done or not done by him or on his behalf at a place outside Hong Kong in compliance with any such direction, if the contract in question is a Hong Kong contract.
(5) Any reference in this section to a direction includes a reference to an enforcement notice.
(6) In this section—
Hong Kong contract (香港合約) means a contract which is expressed to have effect in accordance with the law of Hong Kong or (not being so expressed) is a contract of which the proper law is the law of Hong Kong;
Hong Kong court (香港法院) means a court exercising jurisdiction in Hong Kong under the law of Hong Kong.

52. Authority may take action
(1) Where a person who is given a direction or served an enforcement notice fails to comply with it, the Authority may, whether or not the person is or will be prosecuted for any offence under this Ordinance, take or cause to be taken any action as may be necessary to give effect to the direction or notice, as the case may be.
(2) The costs (if any) incurred by the Authority in any action taken under subsection (1) shall be recoverable from the person who is given the relevant direction or served the relevant notice, as the case may be, as a debt due to the Government.