Hong Kong Regulations

AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 35

Operation of radio in aircraft

(Past version on 30/06/1997).

(1) The radio station in an aircraft shall not be operated, whether or not the
aircraft is in flight, except in accordance with the conditions of the licence
issued in respect of that station under the law of the country in which the
aircraft is registered, and by a person duly licensed or otherwise permitted
to operate the radio station under that law.

(2) Whenever an aircraft is in flight in such circumstances that it is
required by or under this Order to be equipped with radio communications
apparatus, a continuous radio watch shall be maintained by a member of the
flight crew listening to the signals transmitted upon the frequency notified,
or designated by a message received from an appropriate aeronautical radio
station, for use by the aircraft: Provided that-

(a) the radio watch may be discontinued or continued on another frequency to
the extent that a message as aforesaid so permits; and

   (b)  the watch may be kept by a device installed in the aircraft if-

        (i)    the appropriate aeronautical radio station has been informed to
               that effect and has raised no objection; and

        (ii)   that station is notified, or in the case of a station situated
               in a country other than Hong Kong, otherwise designated as
               transmitting a signal suitable for that purpose.

(3) Whenever an aircraft is in flight in such circumstances that it is
required by or under this Order to be equipped with radio or radio navigation
equipment a member of the flight crew shall operate that equipment in such a
manner as he may be instructed by the appropriate air traffic control unit or
as may be notified in relation to any notified airspace in which the aircraft
is flying.

(4) The radio station in an aircraft shall not be operated so as to cause
interference which impairs the efficiency of aeronautical telecommunications
or navigational services, and in particular emissions shall not be made except
as follows:

   (a)  emissions of the class and frequency for the time being in use, in
        accordance with general international aeronautical practice, in the
        airspace in which the aircraft is flying.

   (b)  distress, urgency and safety messages and signals, in accordance with
        general international aeronautical practice;

   (c)  messages and signals relating to the flight of the aircraft, in
        accordance with general international aeronautical practice;

   (d)  such public correspondence messages as may be permitted by or under
        the aircraft radio station licence referred to in paragraph (1) of
        this Article.

(5) In every aircraft registered in Hong Kong which is equipped with radio
communication apparatus a telecommunications log book shall be kept in which
the following entries shall be made: (36 of 2000 s. 28)

   (a)  the identification of the aircraft radio station;

   (b)  the date and time of the beginning and end of every radio watch
        maintained in the aircraft and of the frequency on which it was
        maintained;

   (c)  the date and time, and particulars of all messages and signals sent or
        received, including in particular details of any distress signals or
        distress messages sent or received;

   (d)  particulars of any action taken upon the receipt of a distress signal
        or distress message;

   (e)  particulars of any failure or interruption of radio communications and
        the cause thereof: Provided that a telecommunications log book shall
        not be required to be kept in respect of communication by
        radiotelephony with a radio station on land or on a ship which
        provides a radio service for aircraft. (36 of 2000 s. 28)

(6) The flight radio operator maintaining radio watch shall sign the entries
in the telecommunications log book indicating the times at which he began and
ended the maintenance of such watch. (36 of 2000 s. 28)

(7) The telecommunications log book shall be preserved by the operator of the
aircraft until a date 6 months after the date of the last entry therein. (36
of 2000 s. 28)

(8) In any flying machine registered in Hong Kong which is engaged on a flight
for the purpose of public transport the pilot and the flight engineer (if any)
shall not make use of a hand-held microphone (whether for the purpose of radio
communication or of intercommunication within the aircraft) whilst the
aircraft is flying in controlled airspace below flight level 150 or is taking
off or landing.