Hong Kong Regulations

AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 4

Registration of aircraft in Hong Kong

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

(1) The Governor shall be the authority for the registration of aircraft in
Hong Kong. He may cause a register to be kept and may record therein the
particulars specified in paragraph (7) of this Article in either a legible or
a non-legible form, so long as the recording is capable of being reproduced in
a legible form.

(2) Subject to the provisions of this Article, an aircraft shall not be
registered or continue to be registered in Hong Kong if it appears to the
Governor that:

   (a)  the aircraft is registered outside Hong Kong and that such
        registration does not cease by operation of law upon the aircraft
        being registered in Hong Kong; or

   (b)  an unqualified person holds any legal or beneficial interest by way of
        ownership in the aircraft or any share therein; or

   (c)  the aircraft could more suitably be registered in some other country
        or territory; or

   (d)  it would be inexpedient in the public interest for the aircraft to be
        or to continue to be registered in Hong Kong.

(3) The following persons and no others shall be qualified to hold a legal or
beneficial interest by way of ownership in an aircraft registered in Hong Kong
or a share therein:

   (a)  the Crown in right of Her Majesty's Government in the United Kingdom
        or in right of the Government of Hong Kong;

   (b)  British Nationals;

   (c)  British protected persons;

   (d)  bodies incorporated in or under the law of Hong Kong or in the United
        Kingdom and having their principal place of business in Hong Kong or
        the United Kingdom.

(4) If an unqualified person residing or having a place of business in Hong
Kong holds a legal or beneficial interest by way of ownership in an aircraft,
or a share therein, the Governor, upon being satisfied that the aircraft may
otherwise be properly so registered, may register the aircraft in Hong Kong.
The person aforesaid shall not cause or permit the aircraft, while it is
registered in pursuance of this paragraph, to be used for the purpose of
public transport or aerial work.

(5) If an aircraft is chartered by demise to a person qualified as aforesaid
the Governor may, whether or not an unqualified person is entitled as owner to
a legal or beneficial interest therein, register the aircraft in Hong Kong in
the name of the charterer upon being satisfied that the aircraft may otherwise
be properly so registered, and subject to the provisions of this Article the
aircraft may remain so registered during the continuation of the charter.

(6) Application for the registration of an aircraft in Hong Kong shall be made
in writing to the Governor, and shall include or be accompanied by such
particulars and evidence relating to the aircraft and the ownership and
chartering thereof as he may require to enable him to determine whether the
aircraft may properly be registered in Hong Kong and to issue the certificate
referred to in paragraph (8) of this Article. In particular, the application
shall include the proper description of the
aircraft according to column 4 of the "General Classification of Aircraft" set
forth in Part A of Schedule 1 to this Order.

(7) Upon receiving an application for the registration of an aircraft in Hong
Kong and being satisfied that the aircraft may properly be so registered, the
Governor shall register the aircraft, wherever it may be, and shall include in
the register the following particulars:

   (a)  the number of the certificate;

   (b)  the nationality mark of the aircraft, and the registration mark
        assigned to it by the Governor;

   (c)  the name of the constructor of the aircraft and its designation;

   (d)  the serial number of the aircraft; and

   (e)  (i) the name and address of every person who is entitled as owner to a
        legal interest in the aircraft or a share therein, or, in the case of
        an aircraft which is the subject of a charter by demise, the name and
        address of the charterer by demise; and

        (ii)   in the case of an aircraft registered in pursuance of paragraph
               (4) or (5) of this Article, an indication that it is so
               registered.

(8) The Governor shall furnish to the person in whose name the
aircraft is registered (hereinafter in this Article referred to as "the
registered owner") a certificate of registration, which shall include the
foregoing particulars and the date on which the certificate was issued:
Provided that the Governor shall not be required to furnish a certificate of
registration if the registered owner is the holder of an aircraft dealer's
certificate granted under this Order who has made to the Governor and has not
withdrawn a statement of his intention that the aircraft is to fly only in
accordance with the conditions set forth in Part C of Schedule 1 to this
Order, and in that case the aircraft shall fly only in accordance with those
conditions.

(9) The Governor may grant to any person qualified as aforesaid an aircraft
dealer's certificate if he is satisfied that he has a place of business in
Hong Kong for buying and selling aircraft.

(10) Subject to paragraphs (4) and (5) of this Article, if at any time after
an aircraft has been registered in Hong Kong an unqualified person becomes
entitled to a legal or beneficial interest by way of ownership in the aircraft
or a share therein, the registration of the aircraft shall thereupon become
void and the certificate of registration shall forthwith be returned by
the registered owner to the Governor.

(11) Any person who is the registered owner of an aircraft registered in Hong
Kong shall forthwith inform the Governor in writing of:

   (a)  any change in the particulars which were furnished to the Governor
        upon application being made for the registration of the aircraft;

   (b)  the destruction of the aircraft, or its permanent withdrawal from use;

   (c)  in the case of an aircraft registered in pursuance of paragraph

(5) of this Article, the termination of the demise charter.

(12) Any person who becomes the owner of an aircraft registered in Hong Kong
shall within 28 days inform the Governor in writing to that effect.

(13) The Governor may, whenever it appears to him necessary or appropriate to
do so for giving effect to this Part of this Order or for bringing up to date
or otherwise correcting the particulars entered on the register, amend the
register or, if he thinks fit, may cancel the registration of the aircraft,
and shall cancel that registration within two months of being satisfied that
there has been a change in the ownership of the aircraft.

(14) Deleted.

(15) In this Article references to an interest in an aircraft do not include
references to an interest in an aircraft to which a person is entitled only by
virtue of his membership of a flying club and the reference in paragraph (11)
of this Article to the registered owner of an aircraft includes in the case of
a deceased person, his legal personal representative, and in the case of a
body corporate which has been dissolved, its successor.

(16) Nothing in this Article shall require the Governor to cancel the
registration of an aircraft if in his opinion it would be inexpedient in the
public interest to do so.

(17) The Governor shall transmit to the Civil Aviation Authority particulars
of all registrations and of changes in or cancellations of registrations,
entered in the register.