(2) Subsection (1) shall not apply to—
- (a) any aircraft that flies over the Prohibition Area at a prescribed altitude in accordance with the air traffic control instructions or Civil Aviation Department published approach and departure procedures, or in deviation from such instructions or procedures for weather avoidance or due to technical problems;
- (b) any aircraft that flies over the Prohibition Area at a prescribed altitude for the purposes of fire fighting or prevention, lifesaving, casualty evacuation or police operations; or
- (c) any aircraft of the Government Flying Service that flies over the Prohibition Area at a prescribed altitude, if—
- (i) the cloud ceiling is less than 1600 feet over Mui Wo at all times during the period when the aircraft flies over the Prohibition Area; and
- (ii) the movement of the aircraft over the Prohibition Area is limited to the airspace above the area north of the Penny’s Bay Power Station as shown in the plan numbered AN(FP)1, dated and signed by the Director of Civil Aviation and deposited at the Headquarters of the Civil Aviation Department.
(3) Without prejudice to subsection (2), the Chief Executive may, having regard to the frequency and nature of flight by individual aircraft and the safety and regularity of air traffic, give instructions to exempt the aircraft from subsection (1) subject to such conditions, if any, as he thinks fit.
4. Penalty
(1) Where an aircraft flies in contravention of section 3(1), the operator and the commander of the aircraft each commits an offence and is liable on summary conviction to a fine at level 2.
(2) It shall be a defence for a person charged with an offence under subsection (1) to prove that the contravention occurred without his consent or connivance and that he exercised reasonable due diligence to prevent the contravention.
CHENG Mei-sze, Maisie
Clerk to the Executive Council
Council Chamber
9 May 2000
