HONG KONG AVIATION FORUM COMMON RULE
Cap. 1: General Rules Regulations
Part I
Preliminary
1. Short Title
This rule may be cited as the General Rules Regulations.
2. Interoperation
In this rule, unless the context otherwise requires —
Content (內容) means — see section 2A;
Group (群組) means the Hong Kong Aviation Forum Facebook group;
Post approval (貼文檢查) means only posts approved by the administrator can appear in the group;
Administrators (管理團隊) means the Head Administrator and any Moderator of the Hong Kong Aviation Forum;
Limit activity (限制活動) means to limit the often of how a member can post or comment;
Head Administrator (管理員) means the Head Administrator of the Hong Kong Aviation Forum;
Moderator (版主) means the moderator of the Hong Kong Aviation Forum;
Adjudicator (裁決者) means the member who makes a verdict;
Account (帳戶) means a Facebook account.
2A. Meaning of Content
(a) texts, photos, videos, documents, links, codes transmitted in any forms; and
(b) data stored in a form that is capable of conversion into a content referred to in subsection (a).
Part II
Regulations Against Improper Content
3. Harmful content
(1) For the purposes of section 4, a harmful content means content that —
(a) incites —
(i) violence;
(ii) hatred against someone or something;
(b) is violent;
(c) includes foul language;
(d) has a curse against someone or something;
(e) is nauseous;
(f) may cause discrimination against someone or categories of people;
(g) includes or incites —
(i) barter of;
(ii) use of;
(iii) gifting;
dangerous goods, including —
(i) offensive weapon;
(ii) drugs;
(iii) tobacco.
(2) In subsection (1) —
Incite (煽動) means a behaviour that encourages an harmful act;
Hatred (仇恨) means dislike or hate;
Foul language (粗言) means an offensive word or phrase;
Curse (咀咒) means a desire for an unpleasant event;
Nauseous (嘔心) means the content is disgusting or offensive;
Discrimination (歧視) means the unjust or prejudicial treatment of different categories of people;
Barter (交易) means the sell, trades, purchase, exchange of a good or service;
Gifting (送贈) means to give something as a gift;
Offensive weapon (攻擊性武器) means any article made, or adapted for use, or suitable, for causing injury to the person, or intended by the person having it in his possession or under his control for such use by him or by some other person;
Drugs (毒品) means a substance which has a physiological effect when ingested or otherwise introduced into the body;
Tobacco (煙草) means plants with leaves that have a high level of addictive chemical nicotine;
Violent (暴力) means behaviour involving physical force with the intention to hurt, damage and harm someone or something.
4. Post of Harmful Content
(1) Any person who —
(a) posts any harmful content that is designated under section 3;
(b) posts any content which the person posting it intends in bad faith,
commits a rule violation.
(2) A person who commits a rule violation under subsection (1) is liable on conviction upon indictment or minor contravenes to a penalty under section 17.
5. Post of Offensive content
(1) When a content is posted in an insulting, intimidating or provocative nature intended or likely to cause a breach of harmony or stability between other members or the group, the content is an offensive content.
(2) The person who posts an offensive content commits a rule violation and is liable on conviction upon indictment or minor contravenes to a penalty under section 17.
6. Post of Content against the Law
(1) Any person who posts —
(a) any content that is in against of the Law; or
(b) any content that aids, abets, counsels or procures the commission by another person of any offence,
shall be guilty for a rule violation and is liable on conviction upon indictment up to a permanent removal from the group.
(2) In subsection (1) —
Law (法律) means all laws within operation in the Hong Kong Special Administrative Region.
7. Post of Content against the Community Standards
(1) Any person who posts any content that are in against of the Community Standards shall be guilty for a rule violation and is liable on conviction upon indictment or minor contravenes to a penalty under section 17.
(2) In subsection (1) —
Community Standards (社群守則) means Facebook Community Standards.
8. Aviation related content
For the purposes of section 9 and 11, an aviation related content means content that is —
(a) related to aerodrome, air navigation, aircraft, airport, commander/captain, airline, air traffic, helicopters, airport terminal, cargo terminal, cargo belt, flying object, taxiway, hangar; or
(b) in-directly and somehow related to content designated under subsection (a).
9. Post of Non-aviation related content
Any person who posts content that is not an aviation related content shall be guilty for a rule violation and is liable on conviction upon indictment or minor contravenes to a penalty under section 17.
Part III
Other Regulations Against Content
10. Personal Attack
(1) Any person who posts any content that —
(a) imposes a personal attack upon any person;
(b) defames any person,
shall be guilty for a rule violation and is liable on conviction upon indictment or minor contravenes to a penalty under section 17.
(2) In subsection (1) —
Personal attack (人身攻擊) means making an abusive remark on or relating to a person or a group of person.
11. Unauthorised advertisement
(1) Any person who posts an advertisement shall be guilty for a rule violation and is liable on conviction upon indictment or minor contravenes to a penalty under section 17.
(2) In subsection (1) —
Advertisement (廣告) means the promotion of an organisation or a firm.
(3) It is a defence to a charge under subsection (1) that the content —
(a) is an aviation related content designated in section 8;
(b) is related to topics that are designated in the Annex under subsection (4).
(4) The Head Administrator may, by announcement published in the Release Centre, add, vary or revoke a topic into the annex to consent a topic to be posted.
12. Spam and Site interference
(1) Any person who posts with the intention to —
(a) spam;
(b) cause site interference,
shall be guilty for a rule violation and is liable on conviction upon indictment or minor contravenes to a penalty under section 17.
(2) In subsection (1) —
Spam (垃圾內容) means irrelevant or repetitive content for the purposes of advertising, phishing, spreading malware, etc.;
Site interference (干擾網站) means repetitive content for the purpose of interfering the groups’ normal discussion.
13. Removal of Content involving Rule Violation
Where a Moderator reasonably believes that a content is displayed in contravention of any common rule, he may remove a content to be hidden from viewing by other members.
Part IV
Perjury, Parties and Organised Rule Violation
14. False statement
If any person wilfully makes a statement when responding to an adjudicator’s question which he knows to be false or does not believe to be true, he shall be guilty of making false statement and is liable on conviction upon indictment to a penalty exceeding level 2, but not exceeding level 3.
15. Aiders, abettors and accessories
Any person who aids, abets, counsels or procures the commission by another person of any rule violation shall be guilty of the like rule violation.
[cf. 1861 c. 94 s. 8 U.K.; 1952 c. 55 s. 35 U.K.; c. 221 s. 89 H.K.]
16. Organised rule violation
(1) A rule violation is organised if the rule violation is —
(a) related or committed by 2 or more persons; and
(b) involves substantial planning or organisation.
(2) A person who commits an organised rule violation under subsection (1) is liable on conviction upon indictment to a penalty exceeding level 2, but not exceeding level 3.
Part V
Penalty
17. Level of Penalty for rule violations
(1) Rule violation are penalised under subsection (2). Accumulated within 12 months, starting from the 1st day of the year, which a subsequent rule violation increases the level of penalty applied.
(2) Where a regulation provides a penalty, other than a specified penalty, the penalty shall be deemed to be at the level relevant to the penalty in the following table —
Table
Penalty Level Applied
(a) warning; Level 1
(b) limit activity;
(c) both (a) and (b).
(a) warning; Level 2
(b) disabled from post and comment for 7 to 14 days;
(c) post approval for 30 days;
(d) limit activity;
(e) either one, some or all.
(a) warning; Level 3
(b) disabled from post and comment for 28 days;
(c) post approval for 30 days;
(d) limit activity;
(e) either one, some or all.
Removal from the group Level 4
PART VI
Procedure
18. Minor Contravenes
(1) Where a rule violation is considered minor by Administrators, the rule violation can be trialled before a moderator.
(2) Appeal against conviction or penalty by Administrators through the procedure under subsection (1) are heard before an Adjudicator of First Adjudication.
(3) On conviction on minor contravenes, level of penalty applied shall not exceed level 2.
19. Indictment
(1) The Administrators may charge a rule violation through indictment.
(2) Indictments under subsection (1) are trialled before an Adjudicator of First Adjudication.
20. Appeal
(1) Appeal against a conviction, are requested through —
(a) Email (help.pr.hkaf@gmail.com);
(b) Facebook Messenger (http://facebook.com/hkafofficial);
(c) Website “Report a problem” (https://docs.google.com/forms/d/e/1FAIpQLSc248imow1GdcoJZ5m4dX3I37PIJPqwmyNg5FEGCiMFeE_xZw/viewform).
(2) Where an appeal was received, the adjudicator could issue a Suspension Order to temporarily suspend the penalties from enactment.