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

35. Designation of restricted area
(1) The Authority may by notice in the Gazette designate—
(a) the whole or any part of any aerodrome; or
(b) any part of the sea adjacent to any aerodrome,
to be a restricted area.
(2) Before designating a restricted area under subsection (1), the Authority shall consult—
(a) the manager of the relevant aerodrome; and
(b) (where the relevant aerodrome includes an air navigation installation) the authority responsible for the air navigation installation.
(3) The whole or any part of an aerodrome may be designated under subsection (1) as a restricted area for specified days or times of days only.
(4) A designation under subsection (1) shall not come into effect before the date on which the relevant notice is published in the Gazette.
(5) In relation to an air navigation installation in Hong Kong which does not form part of an aerodrome, this section has effect as if any reference to an aerodrome were a reference to such an air navigation installation and any reference to the manager of an aerodrome were a reference to the authority responsible for such an air navigation installation.
(6) Where the whole or any part of an aerodrome has been designated under this section as a restricted area—
(a) subsections (1) to (5) also have effect in relation to any variation of the designation; and
(b) the designation may be revoked by the Authority by notice in the Gazette.

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

36. Exclusion from restricted area
(1) The Authority may, for the purposes to which this Part applies, by order prohibit any person, aircraft, vehicle or vessel from entering or staying in such part of the restricted area or any land or water adjacent thereto as he may specify by reference to a map or otherwise.
(2) Subject to subsection (5), an order made under subsection (1) shall be published in the Gazette.
(3) Subject to subsection (5), an order made under subsection (1)—
(a) shall not be effective prior to its publication in the Gazette;
(b) may be effective for a definite or indefinite period.
(4) An order made under subsection (1) is not subsidiary legislation.
(5) Where in the opinion of the Authority—
(a) an emergency exists; and
(b) publication of an order under subsection (2) will occasion unreasonable delay,
he may direct that an order shall become effective immediately or at such other time as he may specify notwithstanding that subsection (2) has not been complied with in relation to the order.
(6) Where a direction is given under subsection (5), the Authority shall publish the order in such manner as he thinks fit.
(7) Any person who, without reasonable excuse, enters or remains in the restricted area or any land or sea adjacent thereto in contravention of an order made under subsection (1) commits an offence and is liable to a fine at level 5 and to imprisonment for 1 year.
(8) Any authorized officer or police officer may remove, by force if necessary, any person, aircraft, vehicle or vessel found in the restricted area or any land or water adjacent thereto in contravention of an order made under subsection (1).

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

38. Power to require searches at aerodrome
(1) For the purposes to which this Part applies, the Authority may give a direction to the manager of any aerodrome requiring him to use his best endeavours to ensure that such searches to which this section applies as are specified in the direction are carried out.
(2) The searches to which this section applies, in relation to an aerodrome, are searches—
(a) of the aerodrome or any part of it;
(b) of any aircraft which at the time when the direction is given or at any subsequent times is in any part of the aerodrome; and
(c) of persons or property (other than aircraft) which may at any such time be in any part of the aerodrome.
(3) Without prejudice to section 13, where a direction given under this section to the manager of an aerodrome is for the time being in force, then if any person specified in the direction in accordance with this section has reasonable ground to suspect that a restricted article is in, or may be brought into, any part of the aerodrome, he may, by virtue of this subsection and without a warrant, search any part of the aerodrome or any aircraft, vehicle, goods or other movable property of any description which, or any person who, is for the time being in any part of the aerodrome, and for that purpose—
(a) may enter any building or works in the aerodrome, or enter upon any land in the aerodrome, if necessary by force; and
(b) may stop any such aircraft, vehicle, goods, property or person and detain it or him for so long as may be necessary for that purpose.
(4) Any person who—
(a) without reasonable excuse fails to comply with a direction given to him under this section; or
(b) wilfully obstructs a person acting in the exercise of a power conferred on him by subsection (3),
commits an offence and is liable—
(i) on summary conviction, to a fine at level 3;
(ii) on conviction on indictment, to a fine of $500,000 and to imprisonment for 2 year.
(5) Where a person is convicted of an offence under subsection (4)(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 of $1,000 for each day on which such further offence continues.
(6) Subsection (3) has effect without prejudice to the operation, in relation to any offence under this Ordinance, of any law relating to the power to arrest with or without warrant.

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

39. Power to require other persons to conduct searches
(1) For the purposes to which this Part applies, the Authority may give a direction to any person (other than the manager of an aerodrome) who—
(a) occupies any land forming part of an aerodrome; or
(b) is permitted to have access to a restricted area in an aerodrome for the purposes of the business carried on by him,
requiring him to use his best endeavours to secure that such searches to which this section applies as are specified in the direction are carried out.
(2) The searches to which this section applies are—
(a) in relation to a person falling within subsection (1)(a), searches—
(i) of the land which he occupies within the aerodrome; and
(ii) of persons or property which is on that land; and
(b) in relation to a person falling within subsection (1)(b), searches—
(i) of any land which he occupies outside the aerodrome for the purposes of his business; and
(ii) of persons or property which is on that land.
(3) Any person who, without reasonable excuse, fails to comply with a direction given to him under this section 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.
(4) Where a person is convicted of an offence under subsection (3), 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.

40. Matters which may be included in directions under sections 38 and 39
A direction under section 38(1) or 39(1) may specify—
(a) the minimum number of persons by whom any search to which the direction relates is to be carried out;
(b) the qualifications which persons carrying out any such search are to have;
(c) the manner in which any such search is to be carried out; and
(d) any apparatus, equipment or other aids to be used for the purpose of carrying out any such search.