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Following is a question by the Hon Mrs Regina Ip and a written reply by the Secretary for Transport and Housing, Professor Anthony Cheung Bing-leung, in the Legislative Council today (January 6):
Question:
It has been reported that earlier on, a member of the public was cut in the neck by the string of a stunt kite while cycling along the main dam of Plover Cove Reservoir in Tai Po, which left a blood scar of half a centimetre wide and more than 10 centimetres long on her neck. It has also been reported that the dam is a popular spot for picnickers and cyclists on holidays and the road there is narrow, but some people still fly kites on the dam, thus causing dangers to others. It is learnt that the string of a stunt kite is much more dangerous than that of an ordinary kite because both the flying speed and string tension of a stunt kite are higher than those of an ordinary kite. In this connection, will the Government inform this Council:
(1) whether there are venues currently designated by government departments for kite-flying by the public; if so, of the details of such venues set out according to the 18 District Council districts, including whether flying stunt kites is permitted in such venues; if not, the reasons for that;
(2) whether the existing legislation has provided for penalties on members of the public for flying kites at unsuitable locations; if so, of the details; if not, the reasons for that;
(3) whether a mechanism is currently in place for members of the public to report kite-flying at unsuitable locations; if so, of the details; if not, the reasons for that;
(4) whether the authorities have put in place specific regulations for activities of flying stunt kites; if they have, of the details; if not, the reasons for that; and
(5) whether the authorities will, in the light of the aforesaid accident of a person being injured by a kite string, step up their inspections of various popular spots for kite-flying and take appropriate actions to prevent the occurrences of similar accidents; if they will, of the details; if not, the reasons for that?
Reply:
President,
Currently, the public pleasure grounds managed by the Leisure and Cultural Services Department (LCSD) are listed in the Fourth Schedule to the Public Health and Municipal Services Ordinance (Cap. 132) and the use of the public pleasure grounds is regulated by the Pleasure Grounds Regulation (Cap. 132BC). Since the flying of kites requires a relatively spacious environment, for the sake of public safety, two locations (namely Tai Po Waterfront Park and Shek O Beach (outside the swimming season)) are the only LCSD venues provided with designated areas for kite-flying. Section 17 of the Pleasure Grounds Regulation provides that the Director of Leisure and Cultural Services may, by notice conspicuously displayed in these pleasure grounds, restrict or prohibit the flying of kites, model aircraft, balloons or other device. Having considered the actual circumstances (e.g. kite-flying found on previous occasions), the LCSD has also put up notices at some venues to remind the public that kite-flying is not allowed in such venues.
Meanwhile, matters relating to flight safety of aircraft are governed by the Air Navigation (Hong Kong) Order 1995 (Cap. 448C). In this Order, the definition of an aircraft includes a kite. Therefore, the relevant provisions of the Order also apply to a kite. The Order stipulates that no person shall recklessly or negligently operate a kite to endanger any person or property. It also restricts the height at which a kite can be flown and its distance from an aerodrome, vessel, vehicle and building. Originated in the United Kingdom, the Order was made in 1995 with the primary objective to ensure aerodrome safety and flight safety. Long-term speaking, the Government will review the relevant legislation in a timely manner, so that kite-flying activities will not be stifled while ensuring aviation safety at the same time. On its webpage, the Civil Aviation Department (CAD) has reminded members of the public to be mindful of safety when they fly a kite, and to comply with the laws. The Government will consider the need to step up publicity efforts in this front.
In response to the question raised by the Hon Mrs Regina Ip, the consolidated reply from the Transport and Housing Bureau and the Home Affairs Bureau is set out as follows:
(1) Designated areas for kite-flying are provided in Tai Po Waterfront Park in the Tai Po District and Shek O Beach in the Southern District (during non-swimming season), which are under the management of the LCSD. The department does not adopt any definition for stunt kites.
(2) As mentioned in the introduction, the use of the public pleasure grounds managed by the LCSD is regulated by the Pleasure Grounds Regulation (Cap. 132BC). Under Section 17 of the Pleasure Grounds Regulation, the Director of Leisure and Cultural Services may, by notice conspicuously displayed in any pleasure ground, restrict or prohibit the flying of kites, model aircraft, balloons or other device. Any person who contravenes the provision commits an offence and is liable on conviction to a maximum fine of $2,000 and to imprisonment for 14 days.
According to Article 70(1) of the Air Navigation (Hong Kong) Order 1995, except with special permission, a kite shall not be flown within five kilometres of an aerodrome within Hong Kong to ensure flight safety. Also, a kite shall not be flown at a height of more than 60 metres above ground level or within 60 metres of any vessel, vehicle or structure. Article 48 of the Order stipulates that no person shall recklessly or negligently operate a kite, regardless of its type, weight or size, to endanger any person or property. Offenders will face a maximum fine of $5,000 on summary conviction. Apart from the above regulations, when flying a large kite weighing more than two kilogrammes, the operator shall comply with the other more stringent relevant provisions of the Order, including the provision that such kites shall not jeopardise other aircraft and that while such kites are flying at night at a height exceeding 60 metres above the surface, they shall display lights.
(3) to (5) As kite-flying requires a relatively spacious environment, for the sake of public safety, the two above-mentioned locations, namely Tai Po Waterfront Park and Shek O Beach (during non-swimming season), are the only LCSD venues provided with designated areas for kite-flying. Members of the public may report to venue staff when kite-flying is spotted in other LCSD venues. The LCSD has put up notices at some venues to remind the public that kite-flying is not allowed in such venues.
Frequent inspections are carried out by venue staff in LCSD venues. If members of the public are found flying kites at leisure venues where kite-flying is prohibited or at locations other than the designated areas, venue staff will immediately advise them to stop the activity. Offenders may be prosecuted under the relevant regulation if the advice is ignored. If there are a large number of kite flyers in a designated area, the LCSD will deploy extra manpower for crowd control and limit the number of users.
Members of the public may contact the public relations office of the CAD to report on violations of the Air Navigation (Hong Kong) Order 1995. The CAD has published on its webpage its hotlines (2910 6355/2910 6304) which deal with enquires, complaints and reports concerning general civil aviation matters. In an emergency, the public may contact the Police for immediate action.
After receiving a report, the CAD will contact relevant government departments to take appropriate action. On its webpage at www.cad.gov.hk/english/kite.html, it has advised kite-flyers to ensure the safe flying of kites to avoid accidents and causing any injuries and damage to property.
Ends/Wednesday, January 6, 2016
Issued at HKT 14:31
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