Hong Kong Regulations

AIR TRANSPORT (LICENSING OF AIR SERVICES) REGULATIONS - REGULATION 3

Penalties

Caution: This is a past version. See the current version here.

(1) Subject to the provisions of these regulations, no person shall use any
aircraft for the carriage in the Colony of passengers, mail or cargo for hire
or reward upon any scheduled journey between two places, one of which is in
the Colony, except under and in accordance with the provisions of-

   (a)  in the case of an aircraft which is registered in a country or place
        other than-

        (i)    (Repealed L.N. 22 of 1985)

        (ii)   any of the Channel Islands or the Isle of Man;

        (iii)  any colony for the government of which Her Majesty's Government
               in the United Kingdom is responsible; or

        (iv)   any country or place; outside Her Majesty's dominions, in which
               for the time being She has jurisdiction in right of Her
               Majesty's Government in the United Kingdom, an operating permit
               which has been granted to the operator of the aircraft; (L.N.
               177 of 1971; L.N. 22 of 1985)

   (b)  in any other case, a licence or provisional licence granted by the
        Licensing Authority. (L.N. 140 of 1969)

(2) Any person who uses any aircraft in contravention of the provisions of
this regulation shall be liable on conviction in the case of a first offence
to a fine of $7000 or to imprisonment for 3 months or to both such fine and
such imprisonment, and in the case of a second or subsequent offence to a fine
of $70000 or to imprisonment for 2 years or to both such fine and such
imprisonment. (L.N. 140 of 1969)

(3) The provisions of this regulation shall not apply in respect of the
aircraft of any State, which is a party to the International Air 
Services Transit Agreement, which fly across the Colony without landing, or
land in the Colony in accordance with the provisions of that Agreement.

(4) Notwithstanding the provisions of paragraph (1), a person may use an
aircraft under and in accordance with the provisions of-

   (a)  a licence granted by the Licensing Authority under regulation 5; or

   (b)  a provisional licence granted by the Licensing Authority under
        regulation 13, if such licence or provisional licence, as the case may
        be, was granted before the commencement of the Air Transport
        (Licensing of Air Service) (Amendment) Regulations 1969 (L.N. 140 of
        1969), other than regulation 10 thereof. (L.N. 140 of 1969)