A246
Ord. No. 33/86
Prohibition on landing or taking off without a noise certificate.
Exemptions.
Requirements as to landing and take off.
Restrictions on landing and take off.
CIVIL AVIATION (AIRCRAFT NOISE)
"scheduled journey" means one of a series of journeys which are undertaken between
the same two places and which amount to a systematic service operated in such manner that the benefits thereof are available to members of the public from time to time seeking advantage of them.
(2) Any function vested in the Director by this Ordinance may be performed by the Deputy Director of Civil Aviation or by any public officer authorized by the Director or by the Deputy Director of Civil Aviation.
3. (1) Subject to this Ordinance and the regulations, as from a day to be notified by the Governor by notice in the Gazette an aircraft shall not land or take off in Hong Kong unless-
(a) there is in force in respect of that aircraft a noise certificate issued by-
(i) the Director; or
(ii) a contracting State; or
(b) there is other documentary proof of compliance by the aircraft with the
standards of noise prescribed in the Annex and applicable to the aircraft. (2) The Governor may, in the exercise of his powers under subsection (1), specify different days for different classes of aircraft.
4.
The Director may by notice in writing to the operator of any aircraft permit the aircraft to land or take off in Hong Kong in circumstances not permitted by section 3(1):
Provided that nothing in this section shall apply to an aircraft which lands or takes off when carrying passengers, mail or cargo for hire or reward upon a scheduled journey.
5. (1) The Director may, by notice in the Gazette, provide that it shall be the duty of the operator of an aircraft which is to take off or land at an aerodrome designated in the notice to secure that, after the aircraft takes off or, as the case may be, before it lands at the aerodrome, such requirements as are specified in the notice are complied with in relation to the aircraft, being requirements appearing to the Director to be appropriate for the purpose of limiting or of mitigating the effect of noise and vibration connected with the taking off or landing of aircraft at the aerodrome.
(2) If it appears to the Director that any requirement specified in relation to an aerodrome in a notice published in pursuance of subsection (1) has not been complied with in respect of any aircraft he may, after affording to the operator of the aircraft an opportunity of making representations to him with respect to the matter and after considering any representations then made by this operator, give to the aerodrome manager a direction requiring him to secure that, until the Director revokes the direction, facilities for using the aerodrome are withheld to the extent specified in the direction from aircraft of which the person aforesaid is the operator and from his servants; and it shall be the duty of the aerodrome manager to comply with the direction:
Provided that nothing in this subsection shall require the aerodrome manager to prevent an aircraft from landing at the aerodrome.
(3) Any notice published in pursuance of subsection (1) may contain such incidental or supplementary provisions as the Director considers appropriate.
(4) Any operator of an aircraft who fails to comply with any requirement of a notice under subsection (1) commits an offence and is liable on conviction to a fine of $50,000.
6. (1) If the Director considers it appropriate, for the purpose of avoiding, limiting or mitigating the effect of noise and vibration connected with the taking off or landing of aircraft at an aerodrome, to prohibit aircraft from taking off or landing, or to limit the number of occasions on which they may take off or land, at an aerodrome during certain periods, he may by notice in the Gazette-