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

9. Power to make regulations
(1) The Chief Executive in Council may make regulations— (Amended 36 of 1999 s. 3)
(a) for carrying out the Annex;
(b) specifying the circumstances in which a noise certificate may be granted and the conditions which may be imposed;
(c) as to the manner and conditions of the issue, validation, renewal, extension of any certificate or other document required by this Ordinance or the regulations (including any examinations and tests to be undergone), and as to the form, custody, production, cancellation, suspension, endorsement and surrender of any such document;
(d) for specifying the fees to be paid in respect of the issue, validation, renewal, extension or variation of any certificate or other document or the undergoing of any examination or test required by the regulations and in respect of any other matters in respect of which it appears to the Chief Executive in Council to be expedient for the purposes of the regulations to charge fees; (Amended 36 of 1999 s. 3)
(e) for exempting from the provisions of this Ordinance or the regulations, either absolutely or conditionally, any aircraft or class of aircraft;
(f) generally for restricting or mitigating aircraft noise and vibration;
(g) authorizing the taking of such steps as may be necessary or expedient for the better enforcement of the Ordinance including, without derogation from the generality of the foregoing, power to enter upon or detain any aircraft;
(h) prescribing the manner in which any notice under this Ordinance may be given; and
(i) for any matter required or permitted by this Ordinance to be prescribed.
(2) The regulations may make different provision with respect to different classes of aircraft and for different aerodromes or classes of aerodrome.
(3) The regulations may provide that a contravention of specified provisions shall be an offence and may prescribe penalties therefor not exceeding a fine at level 6 and imprisonment for 2 years and, in the case of a continuing offence, to a further fine not exceeding $20,000 for each day during which the offence continues.
(4) The regulations may be expressed so as to apply to aircraft in the service of the State and, if so expressed, they shall so apply. (Amended 36 of 1999 s. 3)
(5) The regulations may provide that—
(a) any certificate or other document required by this Ordinance or the regulations shall be in such form as is for the time being approved of by the Director; and
(b) any Schedule to the regulations may be amended by the Director by notice in the Gazette. (Added 68 of 1994 s. 8)
(Amended E.R. 1 of 2013)

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

10. Nuisance caused by aircraft and aircraft engines on aerodromes
(1) The regulations may regulate the conditions under which noise and vibration may be caused by aircraft or aircraft engines on aerodromes and may provide that subsection (2) shall apply to any aerodrome in respect of which provision as to noise and vibration caused by aircraft is so made.
(2) No action shall lie in respect of nuisance by reason only of the noise and vibration caused by aircraft or aircraft engines on an aerodrome to which this subsection applies by virtue of the regulations, as long as the provisions of any such regulations are duly complied with.

11. Exemption of military aircraft
Nothing in this Ordinance shall apply to military aircraft.

### Air Pollution Control (Appeal Board) Regulations 《空氣污染管制(上訴委員會)規例》

1. Citation
These regulations may be cited as the Air Pollution Control (Appeal Board) Regulations.

2. Interpretation
In these regulations, unless the context otherwise requires—
appellant (上訴人) means the person aggrieved by a decision, requirement or specification of a public officer under any of the provisions listed in section 31(1) of the Ordinance and who has sent a notice of appeal to the Chairman under regulation 3(1);
Board (委員會) means an Appeal Board constituted under Part VI of the Ordinance;
Chairman (主席) means the Chairman of Appeal Boards appointed under section 32 of the Ordinance;
Secretary (局長) means the Secretary for Environment and Ecology. (78 of 1999 s. 7; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

3. Commencement of an appeal
(1) An appeal under section 31(1) of the Ordinance shall be commenced by the appellant sending to the Chairman a notice of appeal in writing which shall be substantially in accordance with Form 1 in the Schedule and shall set out the grounds of the appeal.
(2) At the same time as sending the notice under paragraph (1) the appellant shall send a copy of such notice to the Authority or the Secretary as the case may be.

4. Date, time and place of hearing
(1) The Chairman shall fix the date, time and place of the hearing of an appeal and the Chairman shall not less than 14 days before the date so fixed send to the appellant and to the Authority or the Secretary as the case may be a notice substantially in accordance with Form 2 in the Schedule.
(2) In exercising his power under paragraph (1) the Chairman shall fix the date for the hearing of an appeal in order that such appeal may be heard as soon as reasonably practicable after the notice of appeal has been lodged.

5. Witness summons
Where a Board issues a witness summons under section 33(5)(c) of the Ordinance such summons shall be substantially in accordance with Form 3 in the Schedule.

6. Proceedings generally in public
Proceedings before a Board shall be held in public unless the appellant or a witness requests otherwise and the Board accedes to the request.

7. Representation
The appellant and the Authority or the Secretary as the case may be may be represented at the hearing of an appeal by a barrister or a solicitor.

8. Grounds of appeal
The grounds of appeal shall be limited to those set out in the notice of appeal unless the Board grants leave for the grounds of appeal to be amended.

### Air Pollution Control (Appeal Board) Regulations 《空氣污染管制(上訴委員會)規例》

9. Grounds of appeal abandoned
(1) The appellant may abandon all or any of his grounds of appeal before or during the hearing of his appeal.
(2) Where the appellant abandons grounds of appeal under paragraph (1) before the hearing of his appeal he shall by notice in writing, addressed to each of the Chairman and to the Authority or the Secretary as the case may be, inform them of such abandonment.

10. Failure of appellant to attend hearing
(1) If on the day fixed for the hearing of an appeal, the appellant fails to attend the hearing either in person or by barrister or solicitor the Board may—
(a) if satisfied that the appellant’s failure to attend was due to sickness or other reasonable cause, postpone or adjourn the hearing for such period as it thinks fit;
(b) proceed to hear the appeal; or
(c) dismiss the appeal.
(2) If an appeal has been dismissed by the Board under regulation 10(1)(c) the appellant may, within 30 days after the making of the order for dismissal, by notice in writing addressed to the Chairman, apply to the Board to review its order and the Board may, if satisfied that the appellant’s failure to attend the hearing was due to sickness or any other reasonable cause, set aside the order for dismissal and proceed to hear the appeal.

11. Record of proceedings
The Chairman shall take or cause to be taken in writing a full minute, so far as circumstances permit, of the following matters—
(a) the nature of the grounds of appeal;
(b) the names of the appellant, the Authority or the Secretary as the case may be and of the respective witnesses on either side;
(c) the evidence of the witnesses; and
(d) the decision of the Board.

### Air Pollution Control (Vehicle Design Standards) (Emission) Regulations 《空氣污染管制(車輛設計標準)(排放)規例》

1. Citation
(E.R. 5 of 2022)(1) These regulations may be cited as the Air Pollution Control (Vehicle Design Standards) (Emission) Regulations.
(2) (Omitted as spent—E.R. 2 of 2012)