Hong Kong Regulations

HONG KONG CIVIL AVIATION (INVESTIGATION OF ACCIDENTS) REGULATIONS - REGULATION 2

Interpretation

(Past version on 30/06/1997).



"accident" (意外)

"aerodrome authority" (機場主管當局)

"Chief Inspector" (總調查主任)

"commander" (機長)

"crew" (機員)

"Director" (處長)

"incident" (事故)

"Inspector" (調查主任)

"operator" (經營人)

"owner" (機主)

"pilot in command" (指揮飛機的機師)

"reportable accident" (須予報告的意外)

"serious injury" (嚴重損傷)

"seriously injured" (受到嚴重損傷)

(1) In these regulations, unless the context otherwise requires-

"accident" (意外) includes an incident and a reportable accident;

"aerodrome authority" (機場主管當局) means, in relation to any
aerodrome, the person (whether the Director or any other person) by whom the
aerodrome is managed;

"Chief Inspector" (總調查主任) means the Chief Inspector of Accidents
appointed under regulation 8(1) and includes any deputy chief inspector;

"commander" (機長) in relation to an aircraft means the member of the crew
designated as commander of that aircraft by the operator thereof, or failing
such a person, the person who is for the time being the pilot in  command of
the aircraft;

"crew" (機員) includes every person employed or engaged in an aircraft in
flight on the business of the aircraft;

"Director" (處長) means the Director-General of Civil Aviation, the Deputy
Director-General of Civil Aviation and any Assistant Director-General of Civil
Aviation; (L.N. 326 of 2000)

"incident" (事故) means any fortuitous or unexpected event, not being a
reportable accident, by which the safety of an aircraft or any person is
threatened;

"Inspector" (調查主任) means a person appointed as an Inspector of
Accidents under regulation 8(1);

"operator" (經營人) in relation to an aircraft means the person for the
time being having the management of that aircraft;

"owner" (機主) means, where an aircraft is registered, the registered owner;

"pilot in command" (指揮飛機的機師) in relation to an aircraft means a
person who for the time being is in charge of the piloting of the aircraft
without being under the direction of any other pilot in the aircraft;

"reportable accident" (須予報告的意外) means an occurrence associated
with the operation of an aircraft which takes place between the time when any
person boards the aircraft with the intention of flight and such time as all
persons have disembarked therefrom, in which-

   (a)  any person suffers death or serious injury while in or upon the
        aircraft or by direct contact with any part of the aircraft (including
        any part which has become detached from the aircraft) or by direct
        exposure to jet blast, except when the death or serious injury is from
        natural causes, is self-inflicted or is inflicted by other persons or
        when the death or serious injury is suffered by a stowaway hiding
        outside the areas normally available in flight to the passengers and
        members of the crew of the aircraft; or

   (b)  the aircraft incurs damage or structural failure, other than-

        (i)    engine failure or damage, when the damage is limited to the
               engine, its cowling or accessories;

        (ii)   damage limited to propellers, wing tips, antennae, tyres,
               brakes, fairings, small dents or punctured holes in the
               aircraft skin, which adversely affects its structural strength,
               performance or flight characteristics and which would normally
               require major repair or replacement of the affected component;
               or

   (c)  the aircraft is missing or is completely inaccessible;

"serious injury" (嚴重損傷) means an injury which is sustained by person
in a reportable accident and which-

   (a)  requires his stay in hospital for more than 48 hours commencing within
        7 days from the date on which the injury was received; or

   (b)  results in a fracture of any bone (except simple fractures of fingers,
        toes or nose); or

   (c)  involves lacerations which cause nerve, muscle or tendon damage or
        severe haemorrhage; or

   (d)  involves injury to any internal organ; or

   (e)  involves second or third degree burns or any burns affecting more than
        5 per cent of the body surface;
and "seriously injured" (受到嚴重損傷) shall be construed accordingly.

(2) Any notice or other document required or authorized by any provision of
these regulations to be served or given to any person may be served or given
by delivering it to him or by sending it to him by post at his usual or
last-known residence or place of business, whether in Hong Kong or elsewhere.
[cf. S.I. 1983/551 r. 2 U.K.]