To regulate practice firing within firing areas and for clearing of firing areas in connexion therewith.
(Amended 1 of 1997 s. 10)
[1 July 1937] Proc. No. 7 of 1937
(Format changes—E.R. 2 of 2012)
WHEREAS it is necessary, from time to time, to carry out practice firing with projectiles within firing areas in Hong Kong, and it is necessary to make provision for the safety of all persons who may be affected thereby:
(Amended 1 of 1997 s. 11)
This Ordinance may be cited as the Defences (Firing Areas) Ordinance.
In this Ordinance, unless the context otherwise requires—
aircraft (航空器) includes all balloons (whether fixed or free), kites, gliders, airships, aeroplanes, seaplanes, flying boats and other flying machines; (Amended 50 of 1936 s. 2) ammunition (彈藥) means any shot, shell or other projectile, explosives or pyrotechnics, or any portion of such things; (Added 1 of 1997 s. 12) firing area (射擊練習區) means a firing area described in Schedule 1. (Added 1 of 1997 s. 12. Amended E.R. 2 of 2012)(Amended 1 of 1997 s. 12)
Subject to the provisions of this Ordinance—
practice firing may take place within any firing area described in Part 1 of Schedule 1: (Amended 41 of 1959 s. 2; 1 of 1997 s. 13; E.R. 2 of 2012)
(Repealed 1 of 1997 s. 13)
Provided that when an aircraft is within danger in or over any such firing area, all firing within or over that area shall cease. (Amended 1 of 1997 s. 13)
(Replaced 4 of 1957 s. 2)
A provisional programme of firing from gun sites shall be circulated at the commencement of every quarter by the Commander of the Hong Kong Garrison, in respect of the firing areas described in Part 1 of Schedule 1 other than Firing Area E, to the persons enumerated in Schedule 2, such programme being subject to alteration from time to time if necessitated by military requirements. (Replaced 7 of 1948 s. 4. Amended 24 of 1956 s. 2; 4 of 1957 s. 3; 1 of 1997 s. 14; 2 of 2012 s. 3; E.R. 2 of 2012)
Such officer shall supply to such persons as many charts, showing the firing area, as they may require. (Replaced 7 of 1948 s. 4)
Such officer shall also cause to be published notice of intended practice firing in or over any of the firing areas described in Part 1 of Schedule 1 other than Firing Area E at least 7 clear days before the date on which the firing is to take place and shall supply to the persons enumerated in Schedule 2 as many copies of such notice as they may require, and shall deliver not less than 7 clear days before the firing commences, copies of such notice to such persons as the Director of Home Affairs may specify. (Replaced 7 of 1948 s. 4. Amended 24 of 1956 s. 2; 4 of 1957 s. 3; L.N. 94 of 1974; L.N. 17 of 1982; L.N. 621 of 1994; E.R. 2 of 2012)
Such notice shall contain warnings to pilots of aircraft exempt from the operation of this Ordinance under section 10, to assist the carrying out of the firing practice by hastening through the firing area affected. (Replaced 7 of 1948 s. 4. Amended 1 of 1997 s. 14)
(Repealed 1 of 1997 s. 14)
(Omitted as spent)
(Repealed 1 of 1997 s. 14)
No practice firing under the provisions of this Ordinance shall take place over Firing Area D on any day which is a general holiday by virtue of the General Holidays Ordinance (Cap. 149). (Added 24 of 1956 s. 2. Amended 35 of 1998 s. 5)
(Repealed 1 of 1997 s. 14)
Notice that firing is about to take place or is taking place in any of the firing areas, shall be given in the manner specified in Schedule 3.
(Replaced 7 of 1948 s. 5. Amended E.R. 2 of 2012)
While notice that firing is taking place over any of the firing areas is given by the hoisting or display of the signals as provided under section 5, then in respect of the areas affected by the said notice—
no person shall enter or remain within the area, nor bring, take or suffer to remain therein any aircraft or thing, except as provided in section 10; (Amended 1 of 1997 s. 15)
(Repealed 1 of 1997 s. 15)
no aircraft shall alight on, remain in or travel upon the area;
in the event of any aircraft being from any cause within the area, the pilot or other person in charge thereof shall use his utmost endeavours to pass out of the area without loss of time. (Amended 1 of 1997 s. 15)
No person shall search for or otherwise interfere with any ammunition within any of the firing areas, or take or retain, or be in possession of, any such ammunition found within any of such areas. Any person who, in any manner whatsoever, shall come into possession of any such ammunition, within any of those firing areas, shall not retain or tamper with it, but shall report the find and its position to the local military authorities:
Provided, nevertheless, that the provisions of this section shall not apply in cases of persons who recover ammunition under written instructions from the local military authorities.
(Replaced 1 of 1997 s. 16)
Any person doing anything prohibited by or otherwise contravening section 6 or 7 shall be deemed to commit an offence.
If any person commits an offence against this Ordinance he shall be liable on summary conviction to a fine at level 1, and may be removed by any person authorized by section 9 from the areas to which the Ordinance applies, and taken into custody without warrant, and brought before a magistrate to be dealt with according to law, and any thing found in the areas in contravention of this Ordinance may be removed by any person authorized by section 9 as aforesaid and on due proof of such contravention may be declared by a magistrate to be forfeited. (Amended 26 of 1946 Schedule; 1 of 1997 s. 17; 2 of 2012 s. 3; E.R. 2 of 2012)
[cf. 1982 c. 43 s. 17(2) U.K.]
(Amended 2 of 2012 s. 3)
The following persons are hereby authorized to remove or to take into custody without warrant any person contravening section 6 or 7, or to remove any aircraft or thing found within any firing area affected— (Amended 2 of 2012 s. 3)
the officer in charge of the practice firing; (Replaced 7 of 1948 s. 9)
any officer or soldier for the time being under the command of the said officer in charge; (Amended 7 of 1948 s. 9; 2 of 2012 s. 3)
any person authorized in writing under the hand of the said officer in charge; or (Amended 7 of 1948 s. 9)
any police officer.
(Amended 1 of 1997 s. 18)
This Ordinance shall not apply to—
any aircraft entering or passing through the areas affected in the ordinary course of navigation from one port to another; (Amended 50 of 1936 s. 3; 26 of 1946 Schedule; 7 of 1948 s. 10; 38 of 1949 s. 12; 1 of 1997 s. 19)
any aircraft compelled to enter or unable to quit the area affected by reason of the exigencies of navigation; (Amended 50 of 1936 s. 3; 1 of 1997 s. 19)
any aircraft when racing, provided due notice of the racing fixture has been given not less than 48 hours previously to the Commander of the Hong Kong Garrison; (Amended 50 of 1936 s. 3; 7 of 1948 s. 10; 1 of 1997 s. 19; 2 of 2012 s. 3)
(Repealed 1 of 1997 s. 19)
any aircraft of the Chinese People’s Liberation Army or any aircraft employed under the Government. (Replaced 2 of 2012 s. 3)
(Repealed 1 of 1997 s. 19)
The Chief Executive in Council may by order signified in the Gazette amend the Schedules to this Ordinance in any manner whatsoever provided that no amendment of the firing areas shall extend any such area beyond Hong Kong and Hong Kong waters.
(Added 50 of 1936 s. 4. Amended 24 of 1950 Schedule; 1 of 1997 s. 20; 71 of 1999 s. 3)
| Note— | (1)All Latitudes are N. and Longitudes E. Latitudes and Longitudes are taken from Admiralty Charts Nos. 937 and 938. (2)All grid references are in terms of the Universal Transverse Mercator grid, Zones 49 and 50, International Spheroid, Hong Kong 1963 datum. |
(Repealed L.N. 15 of 1980)
(Repealed 1 of 1997 s. 21)
(Repealed L.N. 15 of 1980)
Firing Area D—
The area included in Firing Area D comprises the greater part of the Castle Peak Peninsula and is bounded as follows—
By a line running from grid reference HQ 04608563 south eastwards through HQ 04758552 and HQ 05278544 to HQ 06388446, thence south westwards through HQ 05758324, HQ 04808137, HQ 04488113, and HQ 04348100 to HQ 04218062, thence to HQ 04418023 and south westwards through HQ 03897949, HQ 03397819 to HQ 02507744, thence westwards to HQ 01747756, north westwards to HQ 01237788 and northwards through HQ 00857953 to HQ 00668190, eastwards to HQ 02018172, thence north eastwards through HQ 02408238, HQ 02428242 along a road kerb to HQ 03038306 and HQ 03068328 along a road kerb to HQ 03258367 and north eastwards through HQ 03938480 and HQ 04418550 to HQ 04608563.
Firing Area E (Lo Wu Classification Range)—
The area included in this Firing Area is bounded as follows—
By a line starting at a point grid reference KV01449326 thence in a direction 33o to a point at grid reference KV01669360 thence in a direction 42o to a point at grid reference KV01839379 thence in a direction 102o to a point at grid reference KV02109374 thence in a direction 164o to a point at grid reference KV02199343 thence in a direction 247o to a point at grid reference KV01889329 thence in a direction 258o to a point at grid reference KV01489320 thence in a direction 324o to the starting point.
Firing Area F (San Wai/Tai Ling Range)—
The area included in this firing area is bounded as follows—
By a line starting at a point grid reference KV05219288, thence north-eastwards to grid reference KV05609317, thence east-south-eastwards to grid reference KV05959313, thence southwards to grid reference KV05909263, thence eastwards to grid reference KV05969260, thence south-eastwards to grid reference KV06059252, thence south-westwards to grid reference KV05819234, thence north-eastwards to the starting point. (Added L.N. 256 of 1995)
(Repealed 1 of 1997 s. 21)
(Repealed 1 of 1997 s. 21)
(Replaced G.N.A. 42 of 1956. Amended G.N.A. 13 of 1957; 29 of 1958 s. 2; G.N.A. 33 of 1958; G.N.A. 69 of 1958; G.N.A. 75 of 1959; G.N.A. 11 of 1960; L.N. 80 of 1966; L.N. 76 of 1969; L.N. 106 of 1975; L.N. 15 of 1980)
Assistant Director-General of Civil Aviation (Air Traffic Management)Commissioner of PoliceDirector of Fire ServicesDirector of Food and Environmental HygieneDirector of Home AffairsDirector of LandsDirector of Leisure and Cultural ServicesDirector-General of Civil AviationSecretary for DevelopmentSecretary for SecuritySecretary, Royal Hong Kong Yacht Club
(Replaced L.N. 106 of 1975. Amended L.N. 259 of 1975; L.N. 17 of 1982; L.N. 76 of 1982; L.N. 94 of 1986; L.N. 244 of 1989; L.N. 291 of 1993; L.N. 621 of 1994; 1 of 1997 s. 22; 78 of 1999 s. 7; L.N. 326 of 2000;L.N. 106 of 2002; 23 of 2002 s. 88; L.N. 130 of 2007; E.R. 1 of 2021)
| Note— | All grid references are in terms of the Universal Transverse Mercator grid, Zones 49 and 50, International Spheroid, Hong Kong 1963 datum. |
Notice that firing is taking place in any firing area shall be given by the hoisting or display of the signals hereinafter mentioned.
Such signals, when firing by day, shall be displayed 1 hour before firing is due to commence.
Such signals, when firing by night, shall be displayed 2 hours before sunset.
In all cases signals shall remain displayed until firing has ceased, and shall then be hauled down or extinguished.
In respect of firing by day the signals referred to in paragraph 1 above are—
(Repealed 1 of 1997 s. 23)
(Repealed L.N. 15 of 1980)
for Firing Area D—
by a red flag flown at each gun site;
by a red flag flown at Castle Peak (map reference HQ 03887900) unless the Director of Home Affairs has given permission to the military authorities to dispense with that flag;
by a red flag flown at each of the points indicated by map references HQ 058839, HQ 025775, HQ 010804 and HQ 025822;
by a red flag flown from such other position or positions as may be agreed upon from time to time by the Director of Home Affairs and the military authorities;
for Firing Area E—
by a red flag flown at grid references—
KV018933;
KV022938;
KV023936.
In respect of firing by night the signals for Firing Area D are—
by a red lamp hoisted at the gun site concerned;
by a red lamp in each position at which a warning flag is flown by day.
(Repealed 1 of 1997 s. 23)
(Replaced G.N.A. 42 of 1956. Amended G.N.A. 13 of 1957; 29 of 1958 s. 2; G.N.A. 69 of 1958; G.N.A. 75 of 1959; G.N.A. 11 of 1960; L.N. 80 of 1966; L.N. 106 of 1975; L.N. 15 of 1980; L.N. 17 of 1982; L.N. 621 of 1994; 1 of 1997 s. 23)