Hong Kong Regulations

AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 11

Inspection, overhaul, repair, replacement and modification

(Past version on 01/07/1997).
(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 36 of 1999 s. 3

(1) Except as provided in paragraph (2) of this Article an aircraft registered
in Hong Kong, being an aircraft in respect of which a certificate of
airworthiness issued or rendered valid under this Order is in force, shall not
fly unless there is in force a certificate (in this
Order referred to as a "certificate of release to service") issued in
accordance with this Article if the aircraft or any part of the aircraft or
such of its equipment as is necessary for the airworthiness of the aircraft
has been overhauled, repaired, replaced, modified, maintained, or has been
inspected as provided in Article 8(7)(b) of this Order, as the case may be:
Provided that if a repair or replacement of a part of an aircraft or its
equipment is carried out when the aircraft is at such a place that it is not
reasonably practicable:

   (a)  for the repair or replacement to be carried out in such a manner that
        a certificate of release to service can be issued under this Article
        in respect thereof; or

   (b)  for such certificate to be issued while the aircraft is at that place;
        it may fly to a place at which such certificate can be issued, being
        the nearest place:

        (i)    to which the aircraft can, in the reasonable opinion of the
               commander thereof, safely fly by a route for which it is
               properly equipped; and

        (ii)   to which it is reasonable to fly having regard to any hazards
               to the liberty or health of any person on board; and in such
               case the commander of the aircraft shall cause written
               particulars of the flight, and the reasons for making it, to be
               given to the Chief Executive within ten days thereafter.

(2) Nothing in paragraph (1) of this Article shall require a
certificate of release to service to be in force in respect of an aircraft of
which the maximum total weight authorized does not exceed 2730 kg and in
respect of which a certificate of airworthiness of the special category is in
force, unless the Chief Executive gives a direction to the contrary in a
particular case.

(3) Nothing in paragraph (1) of this Article shall prevent an aircraft in
respect of which there is in force a certificate of airworthiness in the
private or special categories and whose maximum total weight authorised does
not exceed 2730 kg from flying if the only repairs or replacements in respect
of which a certificate of release to service is not in force are of such a
description as are specified in Regulation 15 in Schedule 15 to this Order and
have been carried out personally by the owner or operator of the aircraft
being the holder of a pilot's licence granted or rendered valid under this
Order. In that event the owner or operator, as the case may be, of the
aircraft, shall keep in the aircraft log book kept in respect of the aircraft
pursuant to Article 15 of this Order a record which identifies the repair or
replacement and shall sign and date the entries and, subject to the provisions
of Article 61 of this Order, shall preserve the log book for the period
specified in Article 15 of this Order. Any equipment or parts used in carrying
out such repairs or replacements shall be of a type approved by the Chief
Executive whether generally or in relation to a class of aircraft or one
particular aircraft.

(4) Neither:

   (a)  requipment provided in compliance with Schedule 5 to this Order

(except paragraph (3) thereof); nor

   (b)  radio apparatus provided for use in an aircraft or in any survival
        craft carried in an aircraft, whether or not such apparatus is
        provided in compliance with this Order or any regulations made
        thereunder; shall be installed or placed on board for use in an
        aircraft registered in Hong Kong after being overhauled, repaired,
        modified or inspected, unless there is in force in respect thereof at
        the time when it is installed or placed on board a
        certificate of release to service issued in accordance with this
        Article.

(5) A certificate of release to service shall:

   (a)  certify that the aircraft or any part thereof or its equipment has
        been overhauled, repaired, replaced, modified or maintained, as the
        case may be in a manner and with material of a type approved by the
        Chief Executive either generally or in relation to a class of aircraft
        or the particular aircraft and shall identify the overhaul, repair,
        replacement, modification or maintenance to which the certificate
        relates and shall include particulars of the work done; or

   (b)  certify in relation to any inspection required by the Chief Executive
        that the aircraft or the part thereof or its equipment, as the case
        may be, has been inspected in accordance with the requirements of the
        Chief Executive and that any consequential repair, replacement or
        modification has been carried out as aforesaid.

(6) A certificate of release to service may be issued for the purposes of this
Article only by:

   (a)  the holder of an aircraft maintenance engineer's licence:

        (i)    granted under this Order, being a licence which entitles him to
               issue that certificate; or

        (ii)   granted under the law of a country other than Hong Kong and
               rendered valid under this Order, in accordance with the
               privileges endorsed on the licence;

        (iii)  (Repealed 36 of 1999 s. 3)

   (b)  the holder of an aircraft maintenance engineer's licence or
        authorisation as such an engineer granted or issued by or under the
        law of any Contracting State other than Hong Kong in which the
        overhaul, repair, replacement, modification or inspection has been
        carried out, but only in respect of aircraft of which the maximum
        total weight authorised does not exceed 2730 kg and in accordance with
        the privileges endorsed on the licence;

   (c)  a person approved by the Chief Executive as being competent to issue
        such certification, and in accordance with that approval;

   (d)  a person whom the Chief Executive has authorised to issue the
        certificate in a particular case, and in accordance with that
        authority; or

   (e)  in relation only to the adjustment and compensation of direct reading
        magnetic compasses, the holder of an Airline Transport Pilot's Licence
        (Aeroplanes) or a Flight Navigator's Licence granted or rendered valid
        under this Order.

(7) Subject to the provisions of Article 61 of this Order, a
certificate of release to service shall be preserved by the operator of the
aircraft to which it relates for the period of time for which he is required
to preserve the log book relating to the same part of the aircraft or to the
same equipment or apparatus as the case may be.

(8) In this Article, the expression "repair" includes in relation to a compass
the adjustment and compensation thereof and the expression

"repaired" shall be construed accordingly.

(9) For the purpose of this Article "a person" may include a body corporate.

(36 of 1999 s. 3)

"repair"

"repaired"

"a person"