PLC Paper No. LS 53

Paper for the House Committee Meeting of the Provisional Legislative Council on 5 December 1997

Legal Service Division Report on Resolution under sections 35 and 36 of the Airport Authority Ordinance (Cap. 483)

The Secretary for Economic Services has given notice to move a motion on 17 December 1997 to seek the Provisional Legislative Council approval of the Airport Authority Bylaw (懀he Bylaw� made by the Airport Authority.

2. Section 35 of the Airport Authority Ordinance (Cap. 483) (懀he Ordinance� provides that the Airport Authority (懀he AA� may make bylaws for regulating the use and operation of the new airport and the conduct of persons while within different parts of it. Section 36 of the Ordinance further provides that the AA may by bylaws control or otherwise regulate vehicles, their use and vehicular traffic in specified parts of the new airport.

3. The Bylaw, which is made under sections 35 and 36 of the Ordinance, provides for, inter alia, the following matters :

1. the application of the Bylaw to the Bylaw Area, comprising all the Restricted Area, all that portion of the Airport which is neither the Restricted Area nor any road or length of road, and all designated roads but excluding the MTR Area;

2. the regulation of access to different parts of the Bylaw Area;

3. the control and regulation of the conduct of persons in the Bylaw Area with a view to preventing people from damaging airport facilities, causing nuisance to other airport users, carrying out unauthorized business etc. which may undermine the safe and efficient operation of the Airport;

4. the handling of aircraft in the movement area;

5. the use and driving of vehicles in the Restricted Area, where the Road Traffic Ordinance (Cap. 374) does not apply;

6. the regulation of vehicular traffic on designated roads outside the Restricted Area to which the Road Traffic Ordinance (Cap. 374) and its subsidiary legislation apply;

7. the arrangements relating to lost property and their disposal;

8. the power of the Airport Authority to appoint Authorized Persons to enforce provisions of the Ordinance and the Bylaw and the powers of such Authorized Persons; and

9. penalties for offences under the Bylaw which range from a fine at Level 1 ($2,000) to Level 5 ($50,000) and/or a maximum of 6 months imprisonment.

4. Most of the provisions of the Bylaw are modelled on the existing Hong Kong Airport (Regulations) Ordinance (Cap. 292) and its subsidiary legislation which apply to Kai Tak, the Mass Transit Railway By-laws (Cap. 270 sub. leg.) and the Kowloon-Canton Railway Corporation By-laws (Cap. 372 sub. leg.). At the meeting of the PLC Panel on Economic Services held on 1 December 1997, the Administration agreed to prepare a table showing the differences between the Bylaw and the above existing legislation and an annotated version of the Bylaw showing which provisions in the Bylaw are new and which are modelled on existing legislation.

5. According to PLC Brief Reference : ESBCR 10/935/96 dated 25 November 1997 issued by the Economic Services Bureau, no public consultation on the Bylaw has been conducted. However, the Administration briefed members of the Panel on Economic Services on 1 December 1997.

6. The Bylaw will come into operation on a day to be appointed by the Secretary for Economic Services by notice in the Gazette. According to the speech of the Secretary for Economic Services which he will make when moving the motion on 17 December 1997, the Administration intends to bring the Bylaw into operation in early 1998 given that the Bylaw must be put in place before the opening of the new airport and it is also needed for the safe and orderly conduct of airport trials scheduled to start in January 1998.

7. We are seeking clarifications from the Administration in relation to certain technical aspects of the Bylaw. A further report will be issued if necessary.

Prepared by

Fung Sau-kuen, Connie
Assistant Legal Adviser
Provisional Legislative Council Secretariat
2 December 1997

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