Director in court after allegedly flying unregistered drone over restricted Tai Po fire zone

A 39-year-old company director appeared in court after allegedly flying an unregistered drone within a temporary restricted airspace near a Tai Po residential estate that had recently suffered a major fire.

Cheng Ka-wai appeared before Magistrate Chan Ping-chau at Fanling Magistrates' Courts, where he faced four distinct charges concerning breaches of regulations governing small unmanned aircraft. 

The magistrate adjourned proceedings until November 25 to allow for further case management, releasing the defendant on cash bail of one thousand Hong Kong dollars.

Airspace closed following major residential blaze

The incident stemmed from a five-alarm fire that broke out at Wang Fuk Court in Tai Po earlier this year. In the wake of the emergency response, police established an exclusion zone spanning a 500-meter radius around the housing complex, strictly forbidding members of the public from launching or operating drones within the area without prior official authorization.

Authorities enacted the no-fly order under subsidiary legislation to ensure public safety and avoid obstructing ongoing emergency and investigative operations around the fire scene.

Allegations of altitude violations and unregistered equipment

According to court filings, the alleged violation took place on April 18 near a designated lamppost at the Kwong Fuk Sitting-out Area along Kwong Wang Street in Tai Po. Prosecutors alleged that Cheng piloted a DJI Neo2 drone despite neither the aircraft nor himself being registered under the regulatory framework.

The prosecution further detailed that the aircraft breached mandatory operating restrictions during the flight by exceeding the permitted ceiling of 100 feet.

Investigators determined that part of the drone's flight path crossed directly into the Wang Fuk Court restricted flying zone without any permit granted under Section 37 of Chapter 448G of the Laws of Hong Kong.

Legal framework for small unmanned aircraft

Cheng stands accused of failing to comply with general operating requirements, failing to observe basic statutory flight regulations, breaching operational requirements regarding flight height, and operating a small unmanned aircraft within a designated restricted flying zone without permission.

Under Hong Kong's small unmanned aircraft regulations, operators must register their equipment and themselves, observe strict altitude limits, and strictly stay clear of designated restricted flying zones unless granted special exemptions by civil aviation authorities.

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