Hong Kong Regulations

AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 64

Rules of the air

(Past version on 30/06/1997).

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

CONTROL OF AIR TRAFFIC

(1) The Chief Executive may make rules of the air supplementary to, but not
inconsistent with, the Rules of the Air contained in Schedule 14 to this
Order. (36 of 1999 s. 3)

(2) Subject to the provisions of paragraph (3) of this Article, it shall be an
offence to contravene, to permit the contravention of, or to fail to comply
with, the Rules of the Air contained in Schedule 14 to this Order.

(3) It shall be lawful for the Rules of the Air to be departed from to the
extent necessary-

   (a)  for avoiding immediate danger; or

   (b)  for complying with the law of any country other than Hong Kong within
        which the aircraft then is; or

   (c)  for complying with Military Flying Regulations (Joint Service
        Publication 318) or Flying Orders to Contractors (Aviation Publication
        67) issued by the Secretary of State in relation to an aircraft of
        which the commander is acting as such in the course of his duty as a
        member of Her Majesty's naval, military or air forces.

(4) If any departure from the Rules of the Air is made for the purpose of
avoiding immediate danger, the commander of the aircraft shall cause written
particulars of the departure, and of the circumstances giving rise to it, to
be given within 10 days thereafter to the competent  authority of the country
in whose territory the departure was made or if the departure was made over
the high seas, to the Chief Executive. (36 of 1999 s. 3)

(5) Nothing in the Rules of the Air shall exonerate any person from the
consequences of any neglect in the use of lights or signals or of the neglect
of any precautions required by ordinary aviation practice or by the special
circumstances of the case.