| Remarks: Adaptation amendments retroactively made - see 55 of 1999 s. 3 An Ordinance to confer licensing and other powers on the Chief Executive to secure compliance with the international obligations of the People's Republic of China with respect to the launching and operation of space objects and the carrying on of other activities in outer space. (Amended 55 of 1999 s. 3) [13 June 1997] (Originally 65 of 1997) Cap 523 s 1 Short title This Ordinance may be cited as the Outer Space Ordinance. Cap 523 s 2 Interpretation Remarks: Adaptation amendments retroactively made - see 28 of 1998 s. 2(1) (1) In this Ordinance, unless the context otherwise requires- "licence" (牌照) means a licence granted under section 5; "offence" (罪行) means an offence committed under section 14; "outer space" (外层空间) includes the moon and other celestial bodies; "space object" (空间物体) includes the component parts of a space object, its launch vehicle and the component parts of such launch vehicle. (Amended 28 of 1998 s. 2(1))(2) For the purposes of this Ordinance, a person carries on an activity if he causes it to occur or is responsible for the continuing of that activity. Cap 523 s 3 Application of Ordinance This Ordinance applies to the following activities whether carried on in Hong Kong or elsewhere- (a) launching or procuring the launch of a space object; (b) operating a space object; (c) any activity in outer space. Cap 523 s 4 Prohibition of unlicensed activities Remarks: Adaptation amendments retroactively made - see 55 of 1999 s. 3 (1) A person shall not, subject to subsections (2) and (3), carry on an activity to which this Ordinance applies except under the authority of a licence. (2) A licence is not required- (a) by a person acting as employee or agent of another; or (b) for activities in respect of which it is certified by the Chief Executive that arrangements have been made between the People's Republic of China and another country, state or territory to secure compliance with the international obligations of the People's Republic of China.(3) The Chief Executive may by order published in the Gazette exempt other persons or activities from the requirement of a licence if he is satisfied that the requirement is not necessary to secure compliance with the international obligations of the People's Republic of China. (Amended 55 of 1999 s. 3) Cap 523 s 5 Grant of licence Remarks: Adaptation amendments retroactively made - see 55 of 1999 s. 3 (1) Subject to section 8, the Chief Executive may, if he thinks fit, grant a licence in respect of activities to which this Ordinance applies to a body corporate incorporated under the laws of Hong Kong. (2) The Chief Executive shall not grant a licence unless he is satisfied that the activities authorized by a licence- (a) will not jeopardize public health or the safety of persons or property; (b) will be consistent with the international obligations of the People's Republic of China; and (c) will not impair the national security of the People's Republic of China or the security of Hong Kong.(3) The Chief Executive in Council may make regulations- (a) prescribing the form and contents of applications for licences and other documents to be filed in connection with applications; (b) regulating the procedure to be followed in connection with applications for licences and authorizing the rectification of procedural irregularities; (c) prescribing time-limits for doing anything required to be done in connection with applications for licences and providing for the extension of any period so prescribed; (d) requiring the payment to the Government of such fees as may be prescribed. (Amended 55 of 1999 s. 3) Cap 523 s 6 Terms of licence Remarks: Adaptation amendments retroactively made - see 55 of 1999 s. 3 (1) A licence shall describe the activities authorized by it and shall be granted for such period, and may be granted subject to such conditions, as the Chief Executive thinks fit. (2) A licence may in particular contain conditions- (a) permitting inspection by the Chief Executive of the licensee's facilities, and the inspection and testing by him of the licensee's equipment; (b) requiring the licensee to provide the Chief Executive as soon as possible with information as to- (i) the date and place or location of the launch of any space object to which the licence relates; and (ii) the basic orbital parameters, including nodal period, inclination apogee and perigee of any such space object, and with such other information as the Chief Executive thinks fit concerning the nature, conduct, location and results of the licensee's activities;(c) permitting the Chief Executive to inspect and take copies of documents relating to the information required to be given to him; (d) requiring the licensee to obtain advance approval from the Chief Executive for any intended deviation from the orbital parameters referred to in paragraph (b)(ii), and to inform the Chief Executive immediately of any unintended deviation from such orbital parameters; |
