Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 26A

Limitation of time in respect of certain summary offences concerning aviation

(Past version on 30/06/1997).

Amendments retroactively made - see 25 of 1998 s. 2

(1) Notwithstanding section 26, in the case of an offence (other than an
indictable offence) against any order in force under section 2A of the
Civil Aviation Ordinance ( Cap 448) or against any regulation made under such
an order, a complaint may be made or an information may be laid in respect of
the offence within 12 months from the commission of the offence, if- (Amended
66 of 1997 s. 17)

   (a)  it was committed in connection with the flight of an aircraft in the
        course of which an accident occurred; and

   (b)  not more than 6 months after the commission of the offence-

        (i)    public notice has been given that an investigation into the
               accident is being carried out in accordance with the
               Hong Kong Civil 
               Aviation (Investigation of Accidents) Regulations (See App. I
               p. L 1); or

        (ii)   the Chief Executive has directed under regulation 16 of the
               Hong Kong Civil Navigation (Investigation of Accidents)
               Regulations (See App. I p. L 1) that a public inquiry into the
               accident be held in accordance with those regulations. (Amended
               25 of 1998 s. 2)

(2) The fact that any direction referred to in subsection

(1)(b)(ii) has been given on any date may be proved by the production of a
certificate to that effect purporting to be signed by the Chief Secretary for
Administration. (Amended L.N. 362 of 1997)

(3) For the purposes of this section-

   (a)  the flight of an aircraft shall include any period from the moment
        when power is applied for the purpose of the aircraft taking off on a
        flight until the moment when the landing run (if any) at the
        termination of that flight ends; and

        (b)	"accident" (意外事故) includes any fortuitous or unexpected event 
by which the safety of an aircraft or any person is threatened. (Added 91 of
1970 s. 4) [cf. 1968 c. 61 s. 23 U.K.]

"accident" (意外事故)