### Hong Kong Airport (Control of Obstructions) Ordinance 《香港機場(障礙管制)條例》

14A. Removal of trees obstructing lights or beacons
(1) Where in the opinion of the Director-General of Civil Aviation any tree, shrub, plant or vegetation obstructs or affects or is likely to obstruct or affect the proper operation of any warning light, guiding light, aircraft beacon or navigational or approach aids so as to impair the safety of aircraft, the Director shall, by notice in writing served upon the occupier of the land upon which such tree, shrub, plant or vegetation is situated, call upon him to fell the tree or remove the plant, shrub or vegetation or deal with the same in such other manner as will in the opinion of the Director remove the obstruction. (Amended L.N. 326 of 2000)
(2) Any person who fails to comply with a notice under subsection (1) within 14 days of service of such notice commits an offence and is liable to a fine at level 1 and to imprisonment for 6 months. (Amended E.R. 5 of 2020)
(3) Where a notice under subsection (1) is not complied with within 14 days of service thereof or where in the opinion of the Director-General of Civil Aviation the proper operation of any warning light, guiding light, aircraft beacon or navigational or approach aids requires the immediate felling of, removal of or dealing with any tree, shrub, plant or vegetation, the Director or any public officer authorized in writing by him in that behalf may at any time enter upon any land and may fell, remove or deal with in such manner as the Director may specify any such tree, shrub, plant or vegetation. (Amended L.N. 326 of 2000)
(4) Any reasonable expenses incurred by an occupier in complying with a notice under subsection (1) shall be paid by the Government.
(Added 77 of 1978 s. 5)

### Hong Kong Airport (Control of Obstructions) Ordinance 《香港機場(障礙管制)條例》

18. Limitation of public liability
(1) No liability shall rest upon the Government or upon any public officer by reason of the fact that any building works are carried out in accordance with the provisions of this Ordinance.
(2) No matter or thing done by the Director-General of Civil Aviation or the Director of Buildings or the Director of Lands or by any public officer acting under the direction of either of them or by any supplier of electricity or gas or by any servant or agent of such supplier shall, if it was done bona fide for the purpose of executing this Ordinance, subject them personally to any action, liability, claim or demand whatsoever. (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993; L.N. 326 of 2000)

19. Service of orders and notices
Wherever in this Ordinance provision is made for service upon any person of any order or notice, it shall, save where otherwise specifically provided, be sufficient service if a copy of such order or notice is—
(a) delivered to the person upon whom it is to be served; (Amended E.R. 5 of 2020)
(b) sent by registered post to the last known place of business or residence of such person; (Amended E.R. 5 of 2020)
(c) left with an adult occupier of the premises to which the order or notice relates; or
(d) posted upon a conspicuous part of such premises and published in the Gazette.

### Hong Kong Airport (Control of Obstructions) Ordinance 《香港機場(障礙管制)條例》

20. Offences
Any person who—
(a) carries out any building works in contravention of the provisions of section 4;
(b) fails to comply with a notice under section 6(3);
(c) obscures, severs, breaks or otherwise tampers with any mark, lighting or structure provided or erected in pursuance of the provisions of this Ordinance;
(d) contravenes the provisions of section 8;
(e) fails to comply with a notice under section 10(1);
(f) contravenes the provisions of section 15(3);
(g) obstructs the Director-General of Civil Aviation, the Director of Buildings or the Director of Lands or any officer authorized by any of them in the execution of his duties; or (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993; L.N. 326 of 2000)
(h) obstructs any servant or agent of a supplier of electricity or gas in the exercise of his powers under section 12,
commits an offence and shall be liable to a fine at level 6 and to imprisonment for 12 months and, in the cases of a contravention under paragraphs (a), (d) and (f), to a further fine of $5,000 for each day on which the offence has continued and, in the cases of a failure under paragraphs (b) and (e), to a further fine of $5,000 for each day on which the failure to comply with the notice has continued.
(Amended 88 of 1994 s. 6)

### Hong Kong Airport (Control of Obstructions) Ordinance 《香港機場(障礙管制)條例》

21. Right to compensation
Where any person—
(a) has an interest in land the value of which is diminished; (Amended E.R. 5 of 2020)
(b) sustains damage by loss of rent or by being disturbed in the enjoyment of any right in or over land; or (Amended E.R. 5 of 2020)
(c) incurs reasonable expenses for the purpose of carrying out building works which are required to be carried out, (other than building works necessary for the demolition or reduction in height of any building erected in contravention of section 4),
in consequence of an order made under section 3, 7 or 9, or of the provision of any marking or lights under section 6, or of a notice given under section 10 such person shall be entitled to recover compensation: (Amended 4 of 1958 s. 7)
Provided that no person claiming compensation under paragraph (a) shall be so entitled where the diminution in value of his interest in land is less than one-tenth of the diminished value of such interest, but this proviso shall not operate to prevent any person from recovering compensation in respect of a diminution in value resulting from the carrying out of building works in order to comply with the provisions of this Ordinance.

22. Passing of right to compensation in case of disposition of land
The right to recover compensation in respect of a diminution in value of an interest in land shall be deemed to pass with such interest upon any sale, gift, bequest, exchange, assignment, reassignment, release, partition, mortgage, charge or other transfer or disposition thereof unless the right to recover compensation is specifically excluded from passing by the terms of the instrument under which such interest passes.