Hong Kong Regulations

AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 19

Members of flight crew-requirement of licences

(Past version on 30/06/1997).

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

(1) Subject to the provisions of this Article, a person shall not act as a
member of the flight crew of an aircraft registered in Hong Kong unless he is
the holder of an appropriate licence granted or rendered valid under this
Order: Provided that a person may within Hong Kong without being the holder of
such a licence-

   (a)  act as a flight radiotelephony operator if-

        (i)    he does so as the pilot of a glider not flying for the purpose
               of public transport or aerial work, or as a person being
               trained in an aircraft registered in Hong Kong to perform
               duties as a member of the flight crew of an aircraft; and

        (ii)   he is authorized to operate the radiotelephony station by the
               holder of the licence granted in respect of that station under
               any enactment; and

        (iii)  messages are transmitted only for the purposes of instruction,
               or of the safety or navigation of the aircraft; and

        (iv)   messages are transmitted only on a frequency exceeding 60 MHz
               assigned by the Chief Executive for use on flights on which a
               flight radiotelephony operator acts in one of the capacities
               specified in paragraph (i) of this proviso; and (36 of 1999 s.
               3)

        (v)    the transmitter is pre-set to one or more of the frequencies so
               assigned and cannot be adjusted in flight to any other
               frequency; and

        (vi)   the operation of the transmitter requires the use only of
               external switches; and

        (vii)  the stability of the frequency radiated is maintained
               automatically by the transmitter;

   (b)  subject to the provisions of Article 20(8) of this Order, act as pilot
        in command of an aircraft for purpose of becoming qualified for the
        grant or renewal of a pilot's licence or the inclusion or variation of
        any rating in a pilot's licence if-

        (i)    he is at least 17 years of age; and

        (ii)   he is the holder of a valid medical certificate to the effect
               that he is fit so to act issued by a person approved by the
               Chief Executive; and (36 of 1999 s. 3)

        (iii)  he complies with any conditions subject to which that medical
               certificate was issued; and

        (iv)   no other person is carried in the aircraft; and

        (v)    the aircraft is not flying for the purpose of public transport
               or aerial work other than aerial work which consists of the
               giving of instruction in flying or the conducting of flying
               tests; and

        (vi)   he so acts in accordance with instructions given by a person
               holding a pilot's licence granted under this Order being a
               licence which includes a flying instructor's rating or an
               assistant flying instructor's rating entitling him to give
               instruction in flying the type of aircraft being flown;

   (c)  subject to the provisions of Article 20(8) of this Order, act as pilot
        of an aircraft in respect of which the flight crew required to be
        carried by or under this Order does not exceed one pilot for the
        purpose of becoming qualified for the grant or renewal of a pilot's
        licence or the inclusion or variation of any rating in a pilot's
        licence if-

        (i)    the aircraft is not flying for the purpose of public transport
               or aerial work other than aerial work which consists of the
               giving of instruction in flying or the conducting of flying
               tests; and

        (ii)   he so acts in accordance with instructions given by a person
               holding a pilot's licence granted under this Order being a
               licence which includes a flying instructor's rating or an
               assistant flying instructor's rating entitling him to give
               instruction in flying the type of aircraft being flown; and

        (iii)  the aircraft is fitted with dual controls and he is accompanied
               in the aircraft by the said instructor who is seated at the
               other set of controls or the aircraft is fitted with controls
               designed for and capable of use by two persons and he is
               accompanied in the aircraft by the said instructor who is
               seated so as to be able to use the controls;

   (d)  subject to the provisions of Article 20(8) of this Order, act as pilot
        in command of an aircraft at night if-

        (i)    he is the holder of an appropriate licence granted or rendered
               valid under this Order in all respects save that the licence
               does not include an instrument rating and he has not within the
               immediately preceding thirteen months carried out as pilot in
               command not less than five take-offs and landings at a time
               when the depression of the centre of the sun was not less than
               12o below the horizon;

        (ii)   he so acts in accordance with instructions given by a person
               holding a pilot's licence granted under this Order being a
               licence which includes a flying instructor's rating or an
               assistant flying instructor's rating entitling him to give
               instruction in flying the type of aircraft being flown by
               night;

        (iii)  no person other than that specified in sub-paragraph (ii) above
               is carried; and

        (iv)   the aircraft is not flying for the purpose of public transport
               or aerial work other than aerial work which consists of the
               giving of instruction in flying or the conducting of flying
               tests.

(2) Subject as aforesaid, a person shall not act as a member of the flight
crew required by or under this Order to be carried in an aircraft registered
in a country other than Hong Kong unless-

   (a)  in the case of an aircraft flying for the purpose of public transport
        or aerial work he is the holder of an appropriate licence granted or
        rendered valid under the law of the country in which the aircraft is
        registered; or

   (b)  in the case of any other aircraft, he is the holder of an appropriate
        licence granted or rendered valid under the law of the country in
        which the aircraft is registered or under this Order, and the Chief
        Executive does not in the particular case give a direction to the
        contrary. (36 of 1999 s. 3)

(3) For the purposes of this Article, a licence granted under the law of a
Contracting State other than Hong Kong purporting to authorize the holder
thereof to act as a member of the flight crew of an aircraft, not being a
licence purporting to authorize him to act as a student pilot only, shall,
unless the Chief Executive in the particular case gives a direction to the
contrary, be deemed to be a licence rendered valid under this Order but does
not entitle the holder- (36 of 1999 s. 3)

   (a)  to act as a member of the flight crew of any aircraft flying for the
        purpose of public transport or aerial work or on any flight in respect
        of which he receives remuneration for his services as a member of the
        flight crew; or

   (b)  in the case of a pilot's licence, to act on any flight as pilot of any
        aircraft flying in controlled airspace in circumstances requiring
        compliance with the Instrument Flight Rules or to give any instruction
        in flying.

(4) Notwithstanding the provisions of paragraph (1) of this Article, a person
may, unless the certificate of airworthiness in force in respect of the
aircraft otherwise requires, act as pilot of an aircraft registered in Hong
Kong for the purpose of undergoing training or tests for the grant or renewal
of a pilot's licence or for the inclusion, renewal or extension of a rating
therein without being the holder of an appropriate licence, if the following
conditions are complied with:

   (a)  no other person shall be carried in the aircraft or in an aircraft
        being towed thereby except a person carried as a member of the flight
        crew in compliance with this Order, a person authorized by the Chief
        Executive to witness the aforesaid training or tests or to conduct the
        aforesaid tests, or, if the pilot in command of the aircraft is the
        holder of an appropriate licence, a person carried for the purpose of
        being trained or tested as a member of the flight crew of an aircraft;
        and
(36 of 1999 s. 3)

   (b)  the person acting as the pilot of the aircraft without being the
        holder of an appropriate licence either-

        (i)    within the period of 6 months immediately preceding was serving
               as a qualified pilot of aircraft in any of Her Majesty's naval,
               military or air forces, and his physical condition has not, so
               far as he is aware, so deteriorated during that period as to
               render him unfit for the licence for which he intends to
               qualify; or

        (ii)   holds a pilot's, a flight navigator's or a flight engineer's
               licence granted or rendered valid under this Order and the
               purpose of the training or test is to enable him to qualify
               under this Order for the grant of a pilot's licence or for the
               inclusion of an additional type in the aircraft rating in his
               licence and he acts under the supervision of a  person who is
               the holder of an appropriate licence.

(5) Notwithstanding the provisions of paragraph (1) of this Article a person
may act as a member of the flight crew (otherwise than as a pilot) of an
aircraft registered in Hong Kong for the purposes of undergoing training or
tests for the grant or renewal of a flight navigator's or a flight engineer's
licence or for the inclusion, renewal or extension of a rating thereon,
without being the holder of an appropriate licence if he acts under
supervision and in the presence of another person who is the holder of the
type of licence or rating for which the person undergoing the training or
tests is being trained or tested.

(6) Notwithstanding the provisions of paragraph (1) of this Article, a person
may act as a member of the flight crew of an aircraft registered in Hong Kong
without being the holder of an appropriate licence if, in so doing, he is
acting in the course of his duty as a member of any of Her Majesty's naval,
military or air forces.

(7) An appropriate licence for the purposes of this Article means a licence
which entitles the holder to perform the functions which he undertakes in
relation to the aircraft concerned and the flight on which it is engaged.

(8) This Article shall not require a licence to be held by a person by reason
of his acting as a member of the flight crew of a glider unless:

   (a)  be acts as a flight radio operator, or

   (b)  the flight is for the purpose of public transport or aerial work,
        other than aerial work which consists of the giving of instruction in
        flying in a glider owned or operated by a flying club of which the
        person giving and the person receiving instruction are both members.

(9) Notwithstanding anything in this Article-

   (a)  the holder of a licence granted or rendered valid under this Order,
        being a licence endorsed to the effect that the holder does not
        satisfy in full the relevant international standard, shall not act as
        a member of the flight crew of an aircraft registered in Hong Kong in
        or over the territory of a Contracting State other than Hong Kong,
        except in accordance with permission granted by the competent
        authorities of that State;

   (b)  the holder of a licence granted or rendered valid under the law of a
        Contracting State other than Hong Kong, being a licence endorsed as
        aforesaid, shall not act as a member of the flight crew of any
        aircraft in or over Hong Kong except in accordance with permission
        granted by the Chief Executive, whether or not the licence is or is
        deemed to be rendered valid under this Order. (36 of 1999 s. 3)