Hong Kong Regulations

AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 34

Public transport of passengers-duties of commander

(Past version on 30/06/1997).

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

(1) This Article applies to flights for the purpose of the public transport of
passengers by aircraft registered in Hong Kong.

(2) In relation to every flight to which this Article applies the commander of
the aircraft shall-

(a) before the aircraft takes off, take all reasonable steps to ensure that
all passengers are made familiar with the position and method of use of
emergency exits, safety belts, safety harnesses, and (where required to be
carried) oxygen equipment, life jackets and the floor path lighting system and
all other devices required by or under this Order and intended for use by
passengers individually in case of an emergency occurring to the aircraft;

   (b)  (i) if the aircraft is not a seaplane but is intended in the course of
        the flight to reach a point more than 30 minutes flying time

(while flying in still air at the speed specified in the relevant certificate
of airworthiness as the speed for compliance with regulations governing
flights over water) from the nearest land, take all reasonable steps to ensure
that before take-off, all passengers are given a demonstration of the method
of use of the lifejackets required by or under this Order for the use of
passengers.

        (ii)   if the aircraft is not a seaplane but is required by Article
               18(7) of this Order to carry cabin attendants, take all
               reasonable steps to ensure that, before the aircraft takes-off
               on a flight:

   (aa) which is intended to proceed beyond gliding distance from land, or

   (bb) on which in the event of any emergency occurring during the take-off
        or during the landing at the intended destination or any likely
        alternate destination it is reasonably possible that the aircraft
        would be forced to land onto water; all passengers are given a
        demonstration of the method of use of the lifejackets required by or
        under this Order for the use of passengers: Provided that where the
        only requirements to give such a demonstration arises because it is
        reasonably possible that the aircraft would be forced to land onto
        water at one or more of the likely alternate destinations the
        demonstration need not be given until after the decision has been
        taken to divert to such a destination.

   (c)  if the aircraft is a seaplane, take all reasonable steps to ensure
        that before the aircraft takes off all passengers are given a
        demonstration of the method of use of the equipment referred to in the
        preceding sub-paragraph;

   (d)  before the aircraft takes off, and before it lands, take all
        reasonable steps to ensure that the crew of the aircraft are properly
        secured in their seats and that any persons carried in compliance with
        Article 18(7) of this Order are properly secured in seats which shall
        be in a passenger compartment and which shall be so situated that
        those persons can readily assist passengers;

   (e)  before the aircraft takes-off, and before it lands, and whenever by
        reason of turbulent air or any emergency occurring during the flight
        he considers the precaution necessary:

        (i)    take all reasonable steps to ensure that all passengers of two
               years of age or more are properly secured in their seats by
               safety belts or safety harnesses and that all passengers under
               the age of two years are properly secured by means of a child
               restraint device; and

        (ii)   take all reasonable steps to ensure that those items of baggage
               in the passenger compartment which he reasonably considers
               ought by virtue of their size, weight or nature to be properly
               secured are properly secure and, in the case of an aircraft
               capable of seating more than 30 passengers, that such baggage
               is either stowed in the passenger compartment stowage spaces
               approved by the Chief Executive for the purpose of stowing
               baggage or carried in accordance with the terms of a written
               permission granted by the Chief Executive which permission may
               be granted subject to such conditions as the Chief Executive
               thinks fit. (36 of 1999 s. 3)

   (f)  in an emergency, take all reasonable steps to ensure that all
        passengers are instructed in the emergency action which they should
        take;

   (g)  in the case of aircraft in respect of which a certificate of
        airworthiness was first issued (whether in Hong Kong or elsewhere) on
        or after 1st January 1989 except in a case where a pressure greater
        than 700 millibars is maintained in all passenger and crew
        compartments throughout the flight, take all reasonable steps to
        ensure that-

        (i)    before the aircraft reaches flight level 100 the method of use
               of the oxygen provided in the aircraft in compliance with the
               requirements of Article 13 of this Order is demonstrated to all
               passengers;

        (ii)   when flying above flight level 120 all passengers and cabin
               attendants are recommended to use oxygen; and

        (iii)  during any period when the aircraft is flying above flight
               level 100 oxygen is used by all the flight crew of the
               aircraft;

   (h)  in the case of aircraft in respect of which a certificate of
        airworthiness was first issued (whether in Hong Kong or elsewhere)
        prior to 1st January 1991, except in the case where a pressure greater
        than 700 millibars is maintained in all passenger and crew
        compartments throughout the flight, take all reasonable steps to
        ensure that-

   (i)  before the aircraft reaches flight level 130 the method of use of the
        oxygen provided in the aircraft in compliance with the requirements of
        Article 13 of this Order is demonstrated to all passengers;

        (ii)   when flying above flight level 130 all passengers and cabin
               attendants are recommended to use oxygen; and

        (iii)  during any period when the aircraft is flying above level 100
               oxygen is used by all the flight crew of the aircraft; Provided
               that he need not comply with the provisions of this
               sub-paragraph

   (h)  if he complies instead with the provisions of sub-paragraph (g) of
        this Article.