### Aerial Ropeways (Operation and Maintenance) Regulations 《架空纜車(操作及保養)規例》

39. Offences and penalties relating to competent persons
Any competent person in charge of an aerial ropeway who contravenes, or fails, without reasonable excuse, to comply with a requirement of the Director under, regulation 7(1), (2), (3) or (4), 8(4), 18, 19(1), (3) or (4), 20(2) or (4), 21, 22(1), (2) or (3), 23(1), (2), (3) or (4), 23A(1), (2), (3), (4) or (5), 24, 25(1) or (3), 25A(1) or (2), 31(3), 32(1), (2) or (3), 33, 34(1), 35 or 36(1), (2) or (3) commits an offence against that regulation and is liable to the penalty set out in the 2nd, 3rd and 4th columns of Part I of the Third Schedule opposite the reference to that regulation in the 1st column thereof.
(L.N. 122 of 2003)

40. Offences and penalties relating to controllers
Any controller who contravenes, or fails, without reasonable excuse, to comply with a requirement of the Director under, regulation 10, 11, 12(1), 13(1), 14, 15(1) or (3), 25(2), 25A(3) or 27(1) commits an offence against that regulation and is liable to the penalty set out in the 2nd, 3rd and 4th columns of Part II of the Third Schedule opposite the reference to that regulation in the 1st column thereof.
(L.N. 122 of 2003)

### Aerial Ropeways (Operation and Maintenance) Regulations 《架空纜車(操作及保養)規例》

41. Offences and penalties relating to owners
Any owner of an aerial ropeway who contravenes, or fails, without reasonable excuse, to comply with a requirement of the Director under, regulation 6(1) or (3), 8(1) or (3), 16, 17, 20(1), (4) or (5), 22(4), 23(5), 23A(6), 26(1) or (2), 27(2), 28, 29(a), (b), (c), (d) or (e), 30, 31(1) or (2), 37(1) or (2) or 38 commits an offence against that regulation and is liable to the penalty set out in the 2nd, 3rd and 4th columns of Part III of the Third Schedule opposite the reference to that regulation in the 1st column thereof.
(L.N. 122 of 2003)

42. Offences and penalties relating to surveyors and others
(1) Any surveyor, competent person or controller who delivers to the Director or to the owner of an aerial ropeway any report or makes any entry in a record which is to his knowledge false in a material particular or which he does not believe to be true commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months.
(2) Any operator who commits an offence under regulation 5(6) is liable to a fine at level 1.
(3) Any person who contravenes regulation 13(2) commits an offence and is liable to a fine at level 1.
(L.N. 122 of 2003)

### Aerial Ropeways (Operation and Maintenance) Regulations 《架空纜車(操作及保養)規例》

43. Owner to cause regulations to be complied with
(1) The owner of an aerial ropeway shall cause every requirement or obligation imposed upon—
(a) a competent person by or under each of the regulations set out in regulation 39; and
(b) a controller by or under each of the regulations set out in regulation 40,
to be complied with.
(2) Subject to paragraph (3), any owner of an aerial ropeway who contravenes paragraph (1) commits an offence (whether or not any other person is also convicted of the offence) and is liable—
(a) where the contravention relates to any of the regulations set out in regulation 39, to the penalty set out in the 2nd, 3rd and 4th columns of Part IV of the Third Schedule opposite the reference to that regulation in the 1st column thereof; and
(b) where the contravention relates to any of the regulations set out in regulation 40, to the penalty set out in the 2nd, 3rd and 4th columns of Part V of the Third Schedule opposite the reference to that regulation in the 1st column thereof.
(3) The owner of an aerial ropeway shall not be convicted of an offence under paragraph (2) if he satisfies the court that he took all such precautions to prevent the non-compliance as the court considers reasonable in the circumstances.

### Aerial Ropeways (Safety) Ordinance 《架空纜車(安全)條例》

1. Short title
This Ordinance may be cited as the Aerial Ropeways (Safety) Ordinance.

2. Interpretation
In this Ordinance, unless the context otherwise requires—
aerial ropeway (架空纜車) means any apparatus for the overhead transport of passengers or goods in carriers running along or drawn by overhead cables supported by towers, pylons or other similar structures, together with any machinery, equipment or plant connected therewith;
Code (守則) means the Code of Practice prescribed under section 5;
designated employee (指定僱員) means a person designated by the Director under section 23E; (Added 37 of 1981 s. 3)
Director (署長) means the Director of Electrical and Mechanical Services; (Amended L.N. 76 of 1982; L.N. 298 of 1982)
installation works (安裝工程) means all works relating to the installation of an aerial ropeway, other than building works relating to the construction of any buildings or structures connected therewith;
owner (擁有人) in relation to an aerial ropeway includes a lessee or hirer, and any person engaged in the management or control, of an aerial ropeway. (Added 37 of 1981 s. 3)

3. Application
(1) Subject to subsection (2), this Ordinance, other than Part II, shall apply to any aerial ropeway in existence before the commencement* of this Ordinance.
(2) Any regulations made under section 28 may be expressed to apply to any aerial ropeway in existence at the time of commencement of this Ordinance.
(3) This Ordinance shall not apply to any temporary aerial ropeway for use solely to carry materials for the construction of any building or structure.

Editorial Note:
* Commencement date: 30 April 1976.

4. Power of Chief Executive to give directions to Director
(1) The Chief Executive may give to the Director such directions as he thinks fit with respect to the exercise or performance of his powers, functions and duties under this Ordinance, either generally or in any particular case.
(2) The Director shall, in the exercise or performance of his powers, functions and duties under this Ordinance, comply with any direction given by the Chief Executive under subsection (1).
(Amended 62 of 2000 s. 3)

5. Application of Code of Practice
The Director may, by notice in the Gazette, prescribe a Code of Practice, which shall, subject to this Ordinance, govern the design, manufacture, and installation of aerial ropeways.

6. Start of installation
A person wishing to install an aerial ropeway shall not carry out any installation works before a date determined by the Director.
(Amended 37 of 1981 s. 4)