Aerial Ropeways (Safety) Ordinance


Published: 1997-06-30

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Cap 211 - AERIAL ROPEWAYS (SAFETY) ORDINANCE 1

Chapter: 211 AERIAL ROPEWAYS (SAFETY) ORDINANCE Gazette Number Version Date

Long title 30/06/1997


To provide for the design, manufacture and installation of aerial ropeways, the regulation of the operation and
maintenance of aerial ropeways, the avoidance of dangerous conduct in relation thereto and for matters ancillary
thereto or connected therewith.

(Amended 37 of 1981 s. 2)


[30 April 1976]

(Originally 19 of 1976)

Part: I PRELIMINARY 30/06/1997




Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Aerial Ropeways (Safety) Ordinance.

Section: 2 Interpretation 30/06/1997


In this Ordinance, unless the context otherwise requires-
"aerial ropeway" (架空纜車) means any apparatus for the overhead transport of passengers or goods in carriers

running along or drawn by overhead cables supported by towers, pylons or other similar structures, together with
any machinery, equipment or plant connected therewith;

"Code" (守則) means the Code of Practice prescribed under section 5;
"designated employee" (指定僱員) means a person designated by the Director under section 23E; (Added 37 of

1981 s. 3)
"Director" (署長) means the Director of Electrical and Mechanical Services; (Amended L.N. 76 of 1982; L.N. 298 of

1982)
"installation works" (安裝工程) means all works relating to the installation of an aerial ropeway, other than building

works relating to the construction of any buildings or structures connected therewith;
"owner" (擁有人) in relation to an aerial ropeway includes a lessee or hirer, and any person engaged in the

management or control, of an aerial ropeway. (Added 37 of 1981 s. 3)

Section: 3 Application 30/06/1997


(1) Subject to subsection (2), this Ordinance, other than Part II, shall apply to any aerial ropeway in existence
before the commencement of this Ordinance.

(2) Any regulations made under section 28 may be expressed to apply to any aerial ropeway in existence at the
time of commencement of this Ordinance.

(3) This Ordinance shall not apply to any temporary aerial ropeway for use solely to carry materials for the
construction of any building or structure.

Section: 4 Power of Chief Executive to give directions to Director 62 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 62 of 2000 s. 3


(1) The Chief Executive may give to the Director such directions as he thinks fit with respect to the exercise or
performance of his powers, functions and duties under this Ordinance, either generally or in any particular case.

(2) The Director shall, in the exercise or performance of his powers, functions and duties under this Ordinance,



Cap 211 - AERIAL ROPEWAYS (SAFETY) ORDINANCE 2

comply with any direction given by the Chief Executive under subsection (1).
(Amended 62 of 2000 s. 3)


Part: II INSTALLATION OF AERIAL ROPEWAYS 30/06/1997




Section: 5 Application of Code of Practice 30/06/1997


The Director may, by notice in the Gazette, prescribe a Code of Practice, which shall, subject to this Ordinance,
govern the design, manufacture, and installation of aerial ropeways.

Section: 6 Start of installation 30/06/1997


A person wishing to install an aerial ropeway shall not carry out any installation works before a date determined
by the Director.

(Amended 37 of 1981 s. 4)

Section: 7 Plans etc. 30/06/1997


A person wishing to install an aerial ropeway shall submit to the Director-
(a) a plan, in duplicate and on such scale as the Director may specify, showing the proposed route of the

ropeway; and
(b) the designs and specifications of the machinery, equipment and plant relating to the ropeway,

together with such other information, plans, specifications or calculations as may be required by the Director.

Section: 8 Information as to method of installation 30/06/1997


All plans, designs, specifications and calculations submitted to the Director under section 7 shall be
accompanied by information as to the proposed method of installation of the aerial ropeway and the proposed
programme of installation.

Section: 9 Installation not to carry out until plans etc. approved 30/06/1997


(1) The person wishing to install an aerial ropeway shall not carry out any part of the installation works until
the plans, designs, specifications, calculations and the method and programme of installation have been approved by
the Director. (Amended 37 of 1981 s. 5)

(2) Any approval by the Director under subsection (1) may be limited to any stage in the installation of the
aerial ropeway.

Section: 10 Aerial ropeway to be installed in accordance with plans,

etc.
62 of 2000 01/07/1997



Remarks:
Adaptation amendments retroactively made - see 62 of 2000 s. 3


(1) The installation works shall be carried out in accordance with the plans, designs, specifications, calculations
and method and programme of installation as approved under section 9, subject to such modifications as may be made
thereto from time to time by the person installing the ropeway with the prior written approval of the Director.

(2) If, in respect of any part of the installation works the Director is of the opinion that-
(a) there is any departure from the requirements of subsection (1);
(b) the method of installation is unsafe; or
(c) the installation works have been or are being carried out in contravention of this Ordinance or the

Code,
he may direct the person installing the aerial ropeway to discontinue any such part and the same shall not be continued



Cap 211 - AERIAL ROPEWAYS (SAFETY) ORDINANCE 3

until the Director is satisfied that any further installation works comply with such requirements or that the method of
installation will be safe, as the case may be.

(3) If a direction under subsection (2) is not complied with, the Director may carry out such works as he thinks
fit to ensure that the installation works comply with the requirements of subsection (1) or that the method of
installation will be safe, as the case may be.

(4) The cost of works carried out under subsection (3) shall be recoverable as a debt to the Government from
the person installing the aerial ropeway. (Amended 62 of 2000 s. 3)

Section: 11 Prohibition on passage over buildings 30/06/1997


Save with the approval of the Director, no part of an aerial ropeway shall pass over any building.
(Amended 37 of 1981 s. 6)


Section: 12 Obstruction 30/06/1997


(1) During the installation works the person installing the aerial ropeway shall ensure that such works do not
cause undue obstruction of any road, shipping channel or railway or cause any hazard to air navigation.

(2) If the Director is of the opinion that any part of the installation works is obstructing any road, shipping
channel or railway or is causing a hazard to air navigation he may direct the person installing the aerial ropeway to
discontinue such works, and such works shall not be continued except with the permission of the Director and subject
to such conditions as he may impose.

(Amended 37 of 1981 s. 7)

Section: 13 Power to enter and inspect 30/06/1997


(1) The Director or any public officer authorized by him in writing, may at any time enter the place at which an
aerial ropeway is being installed-

(a) to ascertain whether the person installing the aerial ropeway is complying with the provisions of this
Ordinance and the Code relating to the installation of the aerial ropeway;

(b) to ascertain whether the installation works are dangerous or liable to become dangerous to persons
being in the vicinity of, using, or employed in connexion with, the aerial ropeway; and (Amended 37
of 1981 s. 8)

(c) to inspect and test any machinery, equipment or plant to be used in connection with such aerial
ropeway.

(2) The person installing an aerial ropeway shall afford the Director such facilities as he may reasonably
require for the purposes of subsection (1).

Section: 14 Approval of plans etc. not to confer title to land, etc. 30/06/1997


Neither the approval of plans, specifications, calculations and the method and programme of installation under
section 9 nor the approval of commencement of operation under section 16 shall-

(a) confer any title to land;
(b) act as a waiver of any term in any lease or licence; or
(c) grant any exemption from or permit any contravention of this Ordinance, the Code or of any other

enactment.

Section: 15 (Repealed 37 of 1981 s. 9) 30/06/1997




Part: III OPERATION, MAINTENANCE, REPAIR AND
ALTERATION

30/06/1997







Cap 211 - AERIAL ROPEWAYS (SAFETY) ORDINANCE 4

Section: 16 Approval required before aerial ropeway can operate 30/06/1997


The owner of an aerial ropeway shall not operate the ropeway until the Director has approved the
commencement of operation.

(Amended 37 of 1981 s. 10)

Section: 17 Aerial ropeway to be maintained in condition 62 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 62 of 2000 s. 3


(1) An aerial ropeway shall be maintained by the owner thereof in a safe condition. (Amended 37 of 1981 s.
11)

(2) The Director may, by notice in writing, require the owner to effect such repairs or alterations to his aerial
ropeway as he considers necessary for the proper maintenance thereof and for the obviation of fire and other hazards
therein.

(3) If the owner of an aerial ropeway fails to comply with any such requirement within a reasonable time after
the receipt of such notice the Director may effect the necessary repairs or alterations.

(4) If at any time there exist, in the opinion of the Director, any circumstances requiring the immediate putting
into effect of such repairs or alterations he may require the owner to effect the same forthwith or, if he thinks fit, may
forthwith effect the same with or without notice to the owner.

(5) The expense of repairs or alterations under this section shall be borne by the owner and where any such
repairs or alterations are effected by the Director the expense thereof shall be recoverable from the owner as a debt
due to the Government. (Amended 62 of 2000 s. 3)

Section: 18 Closure of aerial ropeway for repairs or alterations 30/06/1997


(1) The owner of an aerial ropeway may, or if so required by the Director shall, close or partially close the
ropeway to the use of the public whenever necessary to enable any repairs or alterations to be effected to the ropeway.

(2) Save in the case of an emergency, the owner shall not effect any such closure without prior notification to
the Director.

(3) Whenever a closure is effected under this section in pursuance of a requirement of the Director, the
ropeway or such part thereof thereby affected shall not thereafter be operated for the use of the public without the
prior consent of the Director. (Amended 37 of 1981 s. 12)

Section: 19 Closure of aerial ropeway for safety reasons 30/06/1997


(1) The owner of an aerial ropeway shall not operate the ropeway in a manner which endangers the safety of
persons using, operating, or being in the vicinity of, the ropeway. (Added 37 of 1981 s. 13)

(2) The owner of an aerial ropeway may, and if so required by the Director shall, close or partially close the
ropeway to the use of the public whenever such action appears reasonably necessary for the safety of persons using,
operating, or being in the vicinity of, the ropeway.

(3) Save when required by the Director to close or partially close the aerial ropeway, the owner of an aerial
ropeway shall notify the Director forthwith of any such closure.

(Amended 37 of 1981 s. 13)

Section: 20 Control and safety of aerial ropeway 30/06/1997


(1) The owner of an aerial ropeway shall, to the satisfaction of the Director, provide personnel and facilities for
the control and safety of persons using, or being in the vicinity of, the ropeway. (Amended 37 of 1981 s. 14)

(2) The provision of such personnel and facilities shall be at the expense of the owner of the ropeway.




Cap 211 - AERIAL ROPEWAYS (SAFETY) ORDINANCE 5

Section: 21 Prohibition on alterations to aerial ropeway without
permission

30/06/1997



Save with the prior consent of the Director, the owner of an aerial ropeway shall not make any major alterations
to the ropeway.

Section: 22 Examination and testing of aerial ropeways to which

major alterations have been made
30/06/1997



(1) Where any major alterations are made to an aerial ropeway, the Director shall, before the normal use and
operation thereof is resumed, examine and test the ropeway so far as may be necessary to determine that those parts of
the aerial ropeway affected by such major alterations are in safe working order.

(2) If the Director is satisfied that such parts of the aerial ropeway are in safe working order he shall permit the
use and operation of the ropeway to be resumed; and if he is not so satisfied, shall refuse to permit the use and
operation of the ropeway to be resumed and shall provide reasons for his refusal.

(3) The owner of an aerial ropeway shall not resume the use and operation thereof without the permission of
the Director under subsection (2). (Added 37 of 1981 s. 15)

Section: 23 Power to enter and inspect 30/06/1997


(1) The Director, or any public officer authorized by him in writing, may at all reasonable times enter any land
in order to inspect any aerial ropeway on that land or passing over that land; and may also enter and inspect any
building or structure connected with any aerial ropeway.

(2) The owner of any land, building or structure shall afford such facilities for the inspection referred to in
subsection (1) as may be reasonably required by the Director.

Part: IIIA CONDUCT IMPAIRING SAFETY 30/06/1997


(Part IIIA added 37 of 1981 s. 16)

Section: 23A Offence to endanger safety of persons using or being near

aerial ropeway
30/06/1997



No person shall wilfully or negligently do or omit to do anything in relation to an aerial ropeway if such act or
omission is likely to render the ropeway unsafe for persons using, operating, or being in the vicinity of, the ropeway.

Section: 23B Trespassing on aerial ropeway 30/06/1997


(1) No person shall, without lawful excuse, enter any part of an area which is fenced or enclosed for the
purposes of an aerial ropeway if at the time of entry sufficient warning notices are posted in respect of that part.

(2) In subsection (1) "sufficient warning notices" (充分的警告告示) means notices in English and Chinese
forbidding any member of the public, except in specified circumstances (if any), from entering the relevant part of the
area, which notices are posted so as to be readily seen and read by a member of the public before he enters that part.

Section: 23C Power of designated employees to give directions 30/06/1997


A designated employee may give to any person using or being in the immediate vicinity of an aerial ropeway
any signal or verbal direction for the purpose of preventing any act or omission by such person which is likely to
render the ropeway unsafe for persons using, operating, or being in the vicinity of the aerial ropeway, and a person to
whom any such signal or direction is given shall forthwith comply with the same.

Section: 23D Power of designated employee to arrest 30/06/1997


(1) A designated employee may-



Cap 211 - AERIAL ROPEWAYS (SAFETY) ORDINANCE 6

(a) require any person whom he reasonably suspects of having contravened section 23B or who fails to
comply with any signal or direction given to him under section 23C to immediately give his correct
name and address to the employee;

(b) arrest any person whom he reasonably suspects of having contravened section 23A or who without
reasonable excuse fails to comply with a requirement under paragraph (a).

(2) A designated employee who arrests any person under subsection (1) shall take the person forthwith to a
police station, to be dealt with there in accordance with the Police Force Ordinance (Cap 232) or deliver him into the
custody of a police officer for that purpose.

(3) If any person forcibly resists or attempts to evade arrest under this section the designated employee may use
such force as is reasonably necessary to effect the arrest.

Section: 23E Director may designate employees for purpose of sections

23C and 23D
30/06/1997



(1) The Director may designate by name those persons employed by the owner of an aerial ropeway who may
exercise the powers conferred on a designated employee by sections 23C and 23D, and may at any time revoke a
designation so made.

(2) The Director shall issue to every designated employee a card bearing the name and photograph of such
employee and a statement signed by the Director certifying that such employee is authorized to exercise the powers
conferred on a designated employee by sections 23C and 23D.

(3) A card purporting to be issued under subsection (2) and to be signed by the Director shall, without further
proof and until the contrary is proved, be evidence of the matters contained therein in any proceedings or otherwise.

(4) A designated employee shall produce his card for inspection by any person who questions his authority to
exercise the powers in sections 23C and 23D.

(5) A person who ceases to be a designated employee shall forthwith deliver up his card to a person authorized
by the Director to receive it.

Section: 23F Owner to exhibit notices of prohibited conduct 30/06/1997


(1) The owner of an aerial ropeway shall prominently display notices in English and Chinese containing a
summary of sections 23A and 23C and the penalties which may be imposed for a contravention of those sections.

(2) The form, contents and location of the notices shall be approved by the Director.

Part: IV APPEALS 30/06/1997




Section: 24 Appeals 62 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 62 of 2000 s. 3


(1) If the person installing an aerial ropeway or the owner of an aerial ropeway is aggrieved by any requirement
or direction made, or the withholding of any consent or approval, by the Director under this Ordinance the owner may
appeal by petition to the Chief Executive in Council.

(2) Save where the Chief Executive in Council otherwise directs, when any such appeal has been made, no
such requirement or direction, other than a requirement under section 18 or 19 to close or partially close the aerial
ropeway, shall be enforced until the decision of the Chief Executive in Council on the appeal is made.

(3) The decision of the Chief Executive in Council on any such appeal shall be final.
(Amended 62 of 2000 s. 3)


Part: V RECORDS AND INFORMATION 30/06/1997






Cap 211 - AERIAL ROPEWAYS (SAFETY) ORDINANCE 7

Section: 25 Records 30/06/1997


(1) The owner of an aerial ropeway shall maintain such plans, records and documents relating to the ropeway
and the use and operation thereof as may be required by the Director or as may be prescribed by regulations.

(2) The owner of an aerial ropeway shall permit the Director to inspect and copy all such plans, records and
documents kept by the owner in connexion therewith, and the owner shall afford facilities for such inspection or
copying as may from time to time be reasonably required by the Director.

Section: 26 Information to be supplied by owner of aerial ropeway 30/06/1997


For the purpose of enabling the Director to ascertain any arrangements which are made or are about to be made
by the owner of an aerial ropeway for the fulfilment of the owner's obligations under this Ordinance, the owner shall,
on the request of the Director forthwith furnish him with such information as to the operation or maintenance of the
aerial ropeway or any building, structure, machinery, equipment or plant connected therewith as he may require.

Part: VI OFFENCES AND PENALTIES 30/06/1997




Section: 27 Offences and penalties 30/06/1997


(1) Any person who-
(a) contravenes section 6, 9, 10(1), 16, 17(1), 18(2), 18(3),19(1), 19(3), 20(1), 21, 22(3), 23A, 23B,

23E(5), 23F(1) or 25; or
(b) fails, without reasonable excuse, to comply with a requirement of the Director under section 17(2),

17(4), 18(1), 19(2), 25 or 26 or to comply with a direction given to him under section 10(2) or 12(2) or
a signal or direction given to him under section 23C,

commits an offence against that section and is liable to the penalty set out in the 2nd, 3rd and 4th columns of the
Schedule opposite the reference to that section in the 1st column thereof.

(2) Any person who obstructs-
(a) the Director or any public officer in the exercise of his powers under section 13 or 23; or
(b) any designated employee in the exercise of his powers under section 23D,

commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months.
(Replaced 37 of 1981 s. 17)


Section: 27A Director's requirements etc. to be made in writing 30/06/1997


(1) Where the Director requires or directs that anything be done under any of the provisions mentioned in
section 27(1)(b) he shall make the requirement or give the direction by notice in writing, and shall in the notice specify
a period within which the requirement or direction is to be complied with.

(2) No person shall be held to have failed to comply with any such requirement or direction until the expiration
of the period so specified or such further period as the Director may allow.

(3) Without limiting subsection (1), every determination, specification, requirement, approval, permission or
consent to be given or made by the Director under this Ordinance or any regulations made thereunder shall be given or
made in writing.

(Added 37 of 1981 s. 17)

Section: 27B Liability for offences by body corporate 30/06/1997


Where an offence under this Ordinance has been committed by a body corporate, any person who at the time of
commission of the offence was a director, manager, secretary or other similar officer thereof, or who was purporting to
act in any such capacity, shall also be guilty of such offence unless he proves that the offence was committed without
his consent or connivance, and that he exercised all such diligence to prevent the commission of the offence as he
ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

(Added 37 of 1981 s. 17)



Cap 211 - AERIAL ROPEWAYS (SAFETY) ORDINANCE 8


Part: VII MISCELLANEOUS 30/06/1997




Section: 28 Regulations L.N. 130 of 2007 01/07/2007


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


(1) The Secretary for Development may by regulation provide for- (Amended 37 of 1981 s. 18; 43 of 1992 s.

2; L.N. 330 of 1999; L.N. 106 of 2002; L.N. 130 of 2007)
(a) the manner of making application for and granting of approval of plans of installation works,

specifications, calculations and the method and programme of installation, and the granting of approval
to commence operation of an aerial ropeway;

(b) the design, manufacture and installation of aerial ropeways including-
(i) the properties and design strength of materials to be used;
(ii) track and section, gradients and deviations;
(iii) the support of cables;
(iv) the distance of carriers and cables from the ground, and lateral clearances;
(v) profile of free space;
(vi) passage above buildings;
(vii) alignment of cables and crossing of other tracks;
(viii) speed;
(ix) rescue equipment;
(x) cables;
(xi) drives and brakes;
(xii) safety devices;
(xiii) signalling and communication;
(xiv) anchorages and tensioning devices;
(xv) pylon equipment;
(xvi) carriers;
(xvii) carriages, clamps and attachments;
(xviii) stations and pylons;
(xix) testing; and
(xx) calculations;

(c) the operation, maintenance and examination of aerial ropeways including-
(i) empowering the Director to approve persons who may be employed in the operation and

maintenance of aerial ropeways;
(ii) examinations and tests;
(iii) records and logs; and
(iv) reports of accidents and investigations thereof;

(d) the safety of persons using or being in the vicinity of, or employed in the operation and maintenance
of, aerial ropeways; (Amended 37 of 1981 s. 18)

(e) the prevention and abatement of nuisances arising from the use and operation of an aerial ropeway;
(f) the abatement of fire hazards in relation to an aerial ropeway;
(g) the illumination or marking of an aerial ropeway, including any cables or pylons used in connexion

therewith;
(h) the number of persons who may be carried on an aerial ropeway at any one time;
(i) what are major alterations to an aerial ropeway for the purposes of this Ordinance;
(j) (Repealed 43 of 1992 s. 2)
(k) forms; and
(l) the better carrying into effect of this Ordinance.

(1A) The Chief Executive in Council may by regulation provide for fees. (Added 43 of 1992 s. 2. Amended 62
of 2000 s. 3)



Cap 211 - AERIAL ROPEWAYS (SAFETY) ORDINANCE 9

(2) Regulations under this section may provide that a contravention of any specified provision shall be an
offence and may prescribe a penalty therefor not exceeding a fine of $50000 and imprisonment for 2 years, and in the
case of a continuing offence, a further fine of $1000 for each day on which the offence continues. (Added 37 of 1981
s. 18)

(3) Where regulations under this section impose any requirement or obligation upon any person employed by
the owner of an aerial ropeway to be in charge of the aerial ropeway or in the control, operation or maintenance of the
ropeway, the regulations may make the following provisions-

(a) that the owner shall cause the requirement or obligation to be complied with;
(b) that, if it is not complied with and the owner does not exculpate himself, the owner commits an offence

(whether or not any other person is also convicted of the offence) and is liable to such penalty as may
be provided for in the regulations;

(c) that in order to exculpate himself as provided in paragraph (b) the owner must satisfy the court that he
took all such precautions to prevent the non-compliance as the court considers reasonable in the
circumstances. (Added 37 of 1981 s. 18)


Section: 29 Exemptions 30/06/1997


The Director may exempt any aerial ropeway from all or any provision of this Ordinance or the Code subject to
such conditions as he thinks fit.

Section: 30 Ordinance not to derogate from Buildings Ordinance (Cap

123)
30/06/1997



Nothing in this Ordinance shall derogate from the Buildings Ordinance (Cap 123).

Section: 31 Limitation of public liability 62 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 62 of 2000 s. 3


No liability shall rest upon the Government or upon any public officer by reason of the fact that any aerial
ropeway is subject to examination or to testing by a public officer under this Ordinance or the carrying out of any
other work by a public officer pursuant to this Ordinance.

(Amended 62 of 2000 s. 3)

Schedule: SCHEDULE 30/06/1997


[section 27]


PENALTIES FOR OFFENCES





Section




Amount of fine


Period of

imprisonment

Additional fine
for each day
on which the

offence continues
6 $10000 6 months $ 100
9 $10000 6 months $ 100
10(1) $50000 2 years $1000
10(2) $50000 2 years $1000
12(2) $50000 2 years $1000
16 $10000 6 months $ 100
17(1) $50000 2 years $1000
17(2) $50000 2 years $1000
17(4) $50000 2 years $1000
18(1) $10000 6 months $ 100



Cap 211 - AERIAL ROPEWAYS (SAFETY) ORDINANCE 10

18(2) $ 5000
18(3) $10000 6 months $ 100
19(1) $50000 2 years $1000
19(2) $50000 2 years $1000
19(3) $ 5000
20(1) $10000 6 months $ 100
21 $10000 6 months
22(3) $50000 2 years $1000
23A $10000 2 years
23B $ 5000 6 months
23C $ 5000 6 months
23E(5) $ 5000
23F(1) $ 5000 $ 50
25 $10000 6 months
26 $10000 6 months

(Added 37 of 1981 s. 19)

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