### Carriage by Air Ordinance 《航空運輸條例》

22. Power to make regulations
(1) The Director-General of Civil Aviation may make such regulations as appear to him to be necessary or expedient—
(a) to provide for matters concerning advance payment within the meaning of Article 28 of the Montreal Convention; and
(b) to apply any of the provisions made under paragraph (a) to any carriage by air, not being carriage to which the Montreal Convention applies.
(2) Without limiting the generality of regulations which may be made under subsection (1), such regulations—
(a) may be of general or special application and may be made so as to apply only in specified circumstances;
(b) may make different provisions for different circumstances and provide for different cases or classes of cases;
(c) may authorize any matter or thing to be determined, applied or regulated by any specified person;
(d) may provide for the exercise of discretion in specified cases;
(e) may provide for any exemption of different cases or classes of cases, with or without conditions or restrictions, from the application of any provision of such regulations;
(f) may provide for—
(i) the fixing of any fee to be paid for anything that may be done in accordance with any provision of such regulations; and
(ii) the method of payment of such fee;
(g) may, for the better and more effectual carrying into effect of any provision of this Ordinance or of such regulations, include any savings, transitional, incidental, supplemental and evidential provisions; and
(h) may, for the purpose of securing compliance with any provision of such regulations—
(i) create offences and provide for the imposition of penalties on conviction in the form of a fine not exceeding level 6; and
(ii) provide for the imposition of any other sanctions, including but not limited to the charging of any interest on any payment required under such regulations.
(3) Without limiting the generality of regulations which may be made under subsection (1), such regulations may, in particular—
(a) require any specified carrier to make a payment of any specified amount to meet the immediate economic needs of any specified person arising out of any accident in any specified carriage by air;
(b) provide for the application or other procedures in relation to any payment required under such regulations;
(c) provide for any condition in relation to any payment required under such regulations;
(d) empower the court or any person to determine any matter on application by any person and provide for the effect of such determination;
(e) provide for the set-off or recovery of any payment required under such regulations;
(f) provide for the effect of the making of or receiving of any payment required under such regulations;
(g) provide that any payment which is not made in accordance with such regulations or any payment which is specified to be recoverable is a civil debt due to the person entitled to such payment; and
(h) provide for the making of any guidelines and the effect of such guidelines.
(Added 22 of 2005 s. 20)

### Carriage by Air Ordinance 《航空運輸條例》

23. Saving of existing rights and liabilities
(1) Nothing in the Carriage by Air (Amendment) Ordinance 2005 (22 of 2005) (amending Ordinance

### Environmental Impact Assessment Ordinance 《環境影響評估條例》

1. Short title
(Amended E.R. 1 of 2021)(1) This Ordinance may be cited as the Environmental Impact Assessment Ordinance.
(2) (Omitted as spent—E.R. 3 of 2015)

2. Interpretation
In this Ordinance the expressions defined in Schedule 1 have the meanings set out there.

3. Application
(1) This Ordinance binds the Government.
(2) Sections 26 and 27 do not have effect to permit proceedings to be taken against, or to impose criminal liability on, the Government or on a person doing anything in the course of carrying out his duties as a public officer in the service of the Government.
(3) If the Director considers that a public officer, in carrying out his duties in the service of the Government, has done, or has omitted to do, something in contravention of this Ordinance, the Director shall, if the act or omission is not immediately terminated to his satisfaction, report the matter to the Chief Secretary for Administration. (Amended L.N. 362 of 1997)
(4) On receiving a report, the Chief Secretary for Administration shall inquire into the matter and, if his inquiry shows that a public officer is continuing to contravene this Ordinance or is likely to contravene the Ordinance again, the Chief Secretary for Administration shall ensure that the best practicable steps are taken to stop the contravention or avoid the recurrence and to remedy any environmental damage that may have occurred. (Amended L.N. 362 of 1997)

### Environmental Impact Assessment Ordinance 《環境影響評估條例》

4. Certain projects to be designated projects
(1) The projects listed in Schedules 2 and 3 are designated projects.
(2) The Secretary may by order published in the Gazette amend the lists of designated projects in Schedules 2 and 3 by adding projects to or removing projects from the lists.
(3) The addition of a designated project to Schedule 2 or 3 does not affect an existing project—
(a) if the existing project has been approved, permitted or authorized, or consented to, by the Government or a statutory authority under an Ordinance specified by the Secretary in the order amending the Schedule; or
(b) if construction of the project commences within 6 months of the addition of the project to the Schedule.
(4) The Secretary may after consulting the Director specify in writing as a designated project, contiguous projects which, if taken individually, do not meet the specified levels in Schedule 2 or 3 to qualify as a designated project, and which are proposed by the same person or associated persons, if he is satisfied that the purpose behind the separation of the projects is to avoid the purposes of this Ordinance. The Director must give the person or associated persons who propose or are carrying out the contiguous projects a copy of the specification of the projects as a designated project.
(5) A person or associated persons may apply to the Director for confirmation as to whether contiguous projects proposed by him or them are to be treated as designated projects. The Director must advise the person or associated persons within 14 days that the projects are to be treated as a designated project.