Hong Kong Regulations

AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 20

Grant, renewal and effect of Flight Crew Licences

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

(1) (a) The Governor may grant licences, subject to such conditions as he
thinks fit, of any of the classes specified in Part A of Schedule 9 to this
Order authorizing the holder to act as a member of the flight crew of an
aircraft registered in Hong Kong, upon his being satisfied that the applicant
is a fit person to hold the licence, and is qualified by reason of his
knowledge, experience, competence, skill, physical and mental fitness to act
in the capacity to which the licence relates, and for that purpose the
applicant shall furnish such evidence and undergo such examinations and tests
(including in particular medical examinations) and undertake such courses of
training as the Governor may require of him.

   (b)  A licence of any class shall not be granted to any person who is under
        the minimum age specified for that class of licence in Part A of the
        said Schedule.

   (c)  A licence granted under this Article shall not be valid unless it
        bears thereon the ordinary signature of the holder in ink.

   (d)  Subject to paragraph (1)(a) of this Article and to the provisions of
        Article 62 of this Order, a licence shall remain in force for the
        period indicated in the licence not exceeding the period specified in
        respect of a licence of that class in the said Schedule, and may be
        renewed by the Governor from time to time upon his being satisfied
        that the applicant is a fit person and qualified as aforesaid. If no
        period is indicated in the licence, it shall remain in force subject
        as aforesaid, for the lifetime of the holder. Provided that, until 1st
        December 1996, the said Part A of Schedule 9 shall be applied as if-

        (i)    in the privileges of the Commercial Pilot's Licence
               (Aeroplanes), proviso (e) to paragraph (2), the proviso to
               paragraph (3) and paragraph (4) were omitted;

        (ii)   the privileges of the Airline Transport Pilot's Licence
               (Aeroplanes) were amended to read-"the holder of the licence
               shall be entitled to exercise the privileges of a Commercial
               Pilot's Licence (Aeroplanes) except that for proviso (d) to
               paragraph (2) of those privileges, there shall be substituted-

   (d)  he shall not at any time after he attains the age of 60 years fly such
        an aeroplane for the purpose of public transport if its maximum total
        weight authorized exceeds 20000 kg.";

        (iii)  in the privileges of the Commercial Pilot's Licence
               (Helicopters and Gyroplanes), proviso (e) to paragraph (2), the
               proviso to paragraph (3) and paragraph (4) were omitted; and

        (iv)   in the privileges of the Airline Transport Pilot's Licence
(Helicopters and Gyroplanes), all the words after "shall not apply" were
omitted.

(2) The Governor may include in a licence a rating, subject to such conditions
as he thinks fit, of any of the classes specified in Part B of the said
Schedule, upon his being satisfied that the applicant is qualified as
aforesaid to act in the capacity to which the rating relates, and such rating
shall be deemed to form part of the licence.

(3) Subject to any conditions of the licence and to the provisions of this
Order, a licence of any class shall entitle the holder to perform the
functions specified in respect of that licence in Part A of the said
Schedule under the heading "privileges", and a rating of any class shall
entitle the holder of the licence in which such rating is included to perform
the functions specified in respect of that rating in Part B of the said
Schedule.

(4) (a) Subject to the provisions of sub-paragraph (c) of this paragraph, the
holder of a pilot's licence or a flight engineer's licence shall not be
entitled to exercise the privileges of an aircraft rating contained in the
licence on a flight unless the licence bears a valid certificate of test or a
valid certificate of experience, which certificate shall in either case be
appropriate to the functions he is to perform on that flight in accordance
with Part C of the said Schedule and shall otherwise comply with that Part:
Provided that the holder of a Private Pilot's Licence (Balloons and Airships)
or a Commercial Pilot's Licence (Balloons) shall be entitled to exercise the
privileges of an aircraft rating contained in the licence on a flight when the
licence does not bear such a certificate.

   (b)  The holder of a flight navigator's licence shall not be entitled to
        perform functions on a flight to which Article 18(4) of this Order
        applies unless the licence bears a valid certificate of experience
        which certificate shall be appropriate to the functions he is to
        perform on that flight in accordance with Part C of Schedule 9 and
        shall otherwise comply with that Part.

   (c)  In any case where the Private Pilot's Licence is in such a form that
        it is not possible to include certificates therein, the holder of such
        a licence shall not be entitled to exercise the privileges of an
        aircraft rating contained in the licence on a flight unless the
        certificate of test or certificate of experience required by
        sub-paragraph

   (a)  of this paragraph is included in the personal flying log book required
        to be kept by him under Article 22 of this Order.

(5) A person shall not be entitled to perform the functions to which an
instrument rating (aeroplanes), an instrument rating

   (helicopters) , a flying instructor's rating or an assistant flying
        instructor's rating relates unless his licence bears a valid
        certificate of test which certificate shall be appropriate to the
        functions to which the rating relates in accordance with Part C of the
        said Schedule and shall otherwise comply with that Part.

(6) A person who, on the last occasion when he took a test for the purposes of
paragraphs (4) or (5) of this Article, failed that test shall not be entitled
to fly in the capacity for which that test would have qualified him had he
passed it.

(7) (a) The holder of a licence, other than a flight radiotelephony operator's
licence, granted under this Article shall not be entitled to perform any of
the functions to which his licence relates unless it includes a valid medical
certificate.

   (b)  Every applicant for or holder of such a licence shall upon such
        occasions as the Governor may require submit himself to medical
        examination by a person approved by the Governor either generally or
        in a particular case or class of case who shall make a report to the
        Governor in such form as the Governor may require.

   (c)  Where the medical examination referred to in sub-paragraph (b) of this
        paragraph has been conducted in Hong Kong, the Governor or any person
        approved by him as competent to do so may, on the basis thereof, issue
        a medical certificate subject to such conditions as he thinks fit to
        the effect that he has assessed the holder of the licence as fit to
        perform the functions to which the licence relates. The certificate
        shall without prejudice to paragraph (8) of this Article, be valid for
        such period as is therein specified and shall be deemed to form part
        of the licence.

   (d)  Where the medical examination is conducted outside Hong Kong, the
        person conducting the examination shall, in addition to making a
        report to the Governor, issue a certificate certifying, if such is, in
        his opinion, the case, that the holder of the licence is fit to
        perform the functions to which the licence relates and the said
        certificate may be deemed by the Governor to be a medical certificate
        for the purposes of this Article, and if so shall be valid for such
        period as may be specified therein in writing by the person conducting
        the examination.

(8) (a) A person shall not be entitled to act as a member of the flight crew
of an aircraft registered in Hong Kong if he knows or suspects that his
physical or mental condition renders him temporarily or permanently unfit to
perform such functions or to act in such capacity.

   (b)  Every holder of a medical certificate issued under Article 19 or 20 of
        this Order who-

        (i)    suffers any personal injury involving incapacity to undertake
               his functions as a member of the flight crew; or

        (ii)   suffers any illness involving incapacity to undertake those
               functions throughout a period of 20 days or more; or

        (iii)  in the case of a woman, has reason to believe that she is
               pregnant: shall inform the Governor in writing of such injury,
               illness or pregnancy, as soon as possible in the case of injury
               or pregnancy, and as soon as the period of 20 days has elapsed
               in the case of illness. The medical certificate shall be deemed
               to be suspended upon the occurrence of such injury or the
               elapse of such period of illness or the confirmation of the
               pregnancy, and-

   (aa) in the case of injury or illness the suspension shall cease upon the
        holder being medically examined under arrangements made by the
        Governor and pronounced fit to resume his functions as a member of the
        flight crew or upon the Governor exempting, subject to such conditions
        as he thinks fit, the holder from the requirement of a medical
        examination; and

   (bb) in the case of pregnancy, the suspension may be lifted by the Governor
        for such period and subject to such conditions as he thinks fit and
        shall cease upon the holder being medically examined under
        arrangements made by the Governor after the pregnancy has ended and
        pronounced fit to resume her functions as a member of the flight crew.

(9) Nothing in this Order shall prohibit the holder of a pilot's licence from
acting as pilot of an aircraft having a maximum total weight authorized not
exceeding 5700 kg when, with the permission of the Governor, he is testing any
person for the purposes of paragraphs (1),

(2), (4) or (5) of this Article, notwithstanding that the type of aircraft in
which the test is conducted is not specified in the aircraft rating included
in his licence or that the licence or personal flying log book, as the case
may be, does not include a valid certificate of test or a valid certificate of
experience in respect of the type of aircraft.

(10) Where any provision of Part C of Schedule 9 or Part B of Schedule 11 to
this Order permits a test to be conducted in a flight simulator approved by
the Governor, that approval may be granted subject to such conditions as the
Governor thinks fit.

(11) Without prejudice to any other provision of this Order the Governor may,
for the purpose of this Article, either absolutely or subject to such
conditions as he thinks fit-

   (a)  approve any course of training or instruction;

   (b)  authorize a person to conduct such examinations or tests as he may
        specify;

   (c)  approve a person to provide any course of training or instruction; and

   (d)  approve a person as qualified to furnish reports to him and to accept
        such reports.