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

53. Regulations: general power
(1) The Chief Executive in Council may make regulations for the purposes of— (Amended 71 of 1999 s. 3)
(a) section 7(1); and
(b) section 7(2).
(2) The Authority may with the advice of the Committee make regulations—
(a) providing, without prejudice to section 36, for prohibiting, restricting or otherwise controlling of access to, or restricting or otherwise controlling the movement within a restricted area or any part thereof of persons, or animals, vehicles, vessels or other things;
(b) providing for the issue and display of permits or identity documents for the entrance to or movement within a restricted area of persons and vehicles;
(c) providing for—
(i) the control of any restricted article carried or to be carried in an aircraft; or
(ii) the prohibition of the carriage of any restricted article in an aircraft; and
(d) providing generally for the better or more effectual—
(i) carrying out of the provisions of this Ordinance; and
(ii) implementation of the Programme.

54. Regulations: duty to report occurrences
(1) For the purposes to which Part VIII applies, the Authority may with the advice of the Committee by regulation require such persons as are specified in the regulation to make a report to him, in such manner and within such period as are so specified, of any occurrence of a description so specified.
(2) Regulation made under this section may require the reporting of occurrences taking place outside Hong Kong only if those occurrences relate to an aircraft registered in Hong Kong.

55. Regulations: general provisions
(1) Any regulation made under section 53 or 54 may—
(a) make different provisions for different circumstances or different classes of persons;
(b) make provision for a particular case or class of cases;
(c) be made so as to apply only in such circumstances as are prescribed by the regulation;
(d) specify forms for the purposes of the regulation;
(e) empower the Authority to grant exemptions from the regulation;
(f) make such incidental, supplementary, consequential transitional provision as the Chief Executive in Council or Authority, as the case may be, considers necessary or expedient in consequence of any provision made by the regulation. (Amended 71 of 1999 s. 3)
(2) Any regulation made under section 53 or 54 may prescribe offences in respect of contraventions of the regulation, and may provide for the imposition of—
(a) a fine not exceeding level 5;
(b) in the case of a continuing offence, a daily fine not exceeding $10,000 for each day during which the offence continues; and
(c) imprisonment for a period not exceeding 2 years.

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

56. Financial Secretary may direct ex gratia payment
(1) Where—
(a) a security direction or a direction given under section 38(1) or 39(1) or an enforcement notice is given or served on a person; and
(b) in compliance with such direction or enforcement notice, as the case may be, that person takes any measure and thereby incurs any costs or suffers any loss,
the Financial Secretary may, in his absolute discretion, direct that an ex gratia payment of such amount not exceeding such costs or losses, as the case may be, be made to such person.
(2) Any payment made under subsection (1) shall be a charge on the general revenue.

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

57. Entry to premises etc. and power to search, seize etc.
(1) Where a warrant has been issued under subsection (2) in respect of any premises, or subsection (3) applies in respect of any premises, any authorized officer or police officer may—
(a) at any time, using such force as may be necessary, enter and search such premises;
(b) remove anything which obstructs any such entry and search;
(c) detain any person found in such premises, during such period as is reasonably required to permit any such search to be carried out, where the person might prejudice the purpose of such search if he was not so detained;
(d) inspect, seize and detain anything which is or appears to him to be or to contain, or to be likely to contain, evidence of the commission of an offence under this Ordinance.
(2) Where a magistrate is satisfied by information upon oath that there are reasonable grounds for suspecting that—
(a) an offence under this Ordinance is being or has been committed in any premises; or
(b) there is or may be in any premises anything which is or contains, or is likely to be or contain, evidence of the commission of an offence under this Ordinance,
he may issue a warrant authorizing any authorized officer or police officer to enter such premises.
(3) An authorized officer or police officer may exercise any of the powers conferred by subsection (1) without a warrant issued under subsection (2) in respect of any premises not being domestic premises where—
(a) he has reasonable grounds to suspect that—
(i) an offence under this Ordinance is being or has been committed in that premises; or
(ii) there is or may be in that premises anything which is or contains, or is likely to be or contain, evidence of the commission of an offence under this Ordinance; and
(b) it is not reasonably practicable to obtain such a warrant in respect of that premises before exercising those powers.
(4) This section shall not prejudice any power of entry and search conferred on police officers under any other law.
(5) In this section—
domestic premises (住宅處所) means any premises used wholly or mainly for residential purposes and constituting a separate household unit;
premises (處所) includes an aircraft and entering premises includes boarding an aircraft.

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

59. Offences relating to authorized officers
(1) Without prejudice to any other law, any person who—
(a) wilfully obstructs an authorized officer in the exercise of his powers or the performance of his duties under this Ordinance;
(b) wilfully fails to comply with any requirement properly made to him by any such authorized officer;
(c) without reasonable excuse, fails to give such authorized officer any assistance which he may reasonably require to be given for the purpose of exercising his powers or performing his duties under this Ordinance; or
(d) falsely pretends to be an authorized officer,
commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(2) Any person who, when required to give information to an authorized officer in the exercise of his powers or the performance of his duties under this Ordinance, gives any information 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.
(3) Nothing in this section shall be construed as requiring a person to give any information which may incriminate him.

60. Summary apprehension of offender
Any offence under this Ordinance shall, for the purposes of section 101(2) of the Criminal Procedure Ordinance (Cap. 221), be regarded as an arrestable offence.