Hong Kong Regulations

AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 4

Registration of aircraft in Hong Kong

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 28 of 1998 s. 2; 36 of 1999 s.
3

(1) The Chief Executive 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
Chief Executive 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 Central People's Government or the Government of the Hong Kong
        Special Administrative Region; (28 of 1998 s. 2)

   (b)  Chinese citizens; (28 of 1998 s. 2)

   (c)  permanent residents of the Hong Kong Special Administrative Region;
        (28 of 1998 s. 2)

   (d)  bodies-

        (i)    incorporated in Hong Kong or other parts of the People's
               Republic of China or incorporated under the law of Hong Kong;
               and

        (ii)   having their principal place of business in Hong Kong or in
               other parts of the People's Republic of China. (28 of 1998 s.
               2)

(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 Chief Executive, 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 Chief Executive 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 Chief Executive, 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
Chief Executive 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 Chief Executive;

   (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 Chief Executive 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 Chief Executive 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
Chief Executive 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 Chief Executive 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 Chief Executive.

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

   (a)  any change in the particulars which were furnished to the Chief
        Executive 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 Chief Executive in writing to that effect.

(13) The Chief Executive 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 Chief Executive to cancel the
registration of an aircraft if in his opinion it would be inexpedient in the
public interest to do so.

(17) The Chief Executive shall transmit to the Central People's Government
particulars of all registrations and of changes in or cancellations of
registrations, entered in the register.

(36 of 1999 s. 3)