Hong Kong Regulations

AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 29

Public transport-operating conditions

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

(1) An aircraft registered in Hong Kong shall not fly for the purpose of
public transport, except for the sole purpose of training persons to perform
duties in aircraft, unless the relevant requirements specified in Regulations
3 to 11 inclusive in Schedule 15 to this Order in respect of its weight and
related performance and flight in specified meteorological conditions or at
night are complied with.

(2) The assessment of the ability of an aircraft to comply with paragraph (1)
of this Article shall be based on the information as to its performance
contained in the certificate of airworthiness relating to the aircraft. In the
event of the information given therein being insufficient for that purpose
such assessment shall be based on the best information available to the
commander of the aircraft.

(3) A flying machine registered in Hong Kong when flying over water for the
purpose of public transport shall fly, except as may be necessary for the
purpose of take-off or landing, at such an altitude as would enable the
aircraft-

   (a)  if it has one engine only, in the event of the failure of that engine;
        or

   (b)  if it has more than one engine, in the event of the failure of one of
        those engines, and with the remaining engine or engines operating
        within the maximum continuous power conditions specified in the
        certificate of airworthiness relating to the aircraft; to reach a
        place at which it can safely land at a height sufficient to enable it
        to do so.

(4) Without prejudice to the provisions of paragraph (3) of this Article, an
aeroplane in respect of which there is in force under this Order a certificate
of airworthiness designating the aeroplane as being of performance group X
shall not fly over water for the purpose of public transport so as to be more
than 60 minutes flying time from the nearest shore, unless the aeroplane has
more than two power units. For the purposes of this paragraph, flying time
shall be calculated at normal cruising speed with one power unit inoperative.

(5) Without prejudice to the provisions of paragraph (3) of this Article, a
helicopter in respect of which there is in force under this Order a
certificate of airworthiness designating the helicopter as being of
performance group B shall not fly over water for the purpose of public
transport so as to be more than 20 seconds flying time from a point from which
it can make an autorotative descent to land suitable for an emergency landing
unless it is equipped with apparatus approved by the Governor enabling it to
land safely on water, but shall not so fly on any flight for more than three
minutes except with the permission in writing of the Governor and in
accordance with any conditions subject to which that permission may have been
given. For the purpose of this paragraph, flying time shall be calculated on
the assumption that the helicopter is flying in still air at the speed
specified in the certificate of airworthiness in force in respect of the
helicopter as the speed for compliance with regulations governing flights over
water.

(6) Without prejudice to the provisions of paragraph (3) of this Article, a
helicopter in respect of which there is in force under this Order a
certificate of airworthiness designating the helicopter as being of
performance group A2 shall not fly over water for the purpose of public
transport for more than 15 minutes during any flight unless it is equipped
with apparatus approved by the Governor enabling it to land safely on water.

(7) Notwithstanding the provisions of paragraph (1) of this Article a
helicopter in respect of which there is in force under this Order a
Certificate of Airworthiness designating the helicopter as being of
performance Group A or Group A (Restricted) may fly for the purpose of public
transport in accordance with the weight and related performance requirements
prescribed for helicopters designated as being of:-

   (a)  performance Group A (Restricted) in the case of a helicopter
        designated as being of performance Group A if:

        (i)    the maximum total weight authorised of the helicopter is less
               than 5700 kg; and

        (ii)   the total number of passengers carried on the helicopter does
               not exceed 15; or

   (b)  performance Group B if:

        (i)    the maximum total weight authorised of the helicopter is less
               than 2730 kg; and

        (ii)   the total number of passengers carried does not exceed 9.