Hong Kong Regulations

AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 69

Power to prohibit or restrict flying

(Past version on 30/06/1997).

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

(1) (a) Subject to paragraphs (4) and (5) of this Article, where the
Chief Executive deems it necessary in the public interest to restrict or
prohibit by reason of- (66 of 1997 s. 13)

        (i)    the intended gathering or movement of a large number of
               persons; or

        (ii)   the intended holding of an aircraft race or contest or of an
               exhibition of flying; or

        (iii)  any other reason affecting the public interest, (66 of 1997 s.
               13) the Chief Executive may make regulations prohibiting,
               restricting or imposing conditions on flight-

   (aa) by any aircraft, whether or not registered in Hong Kong, in any
        airspace over Hong Kong;

   (bb) by aircraft registered in Hong Kong, in any other airspace, being
        airspace in respect of which the Government of the Hong Kong Special
        Administrative Region has in pursuance of international arrangements
        undertaken to provide navigation services for aircraft.

   (b)  Regulations made under this Article may apply either generally or in
        relation to any class of aircraft. (36 of 1999 s. 3)

(2) If the commander of an aircraft becomes aware that the aircraft is flying
in contravention of any regulations which have been made for any of the
reasons referred to in paragraph (1)(a)(iii) of this Article he shall unless
otherwise instructed pursuant to paragraph (3) of this Article cause the
aircraft to leave the area to which the regulations relate by flying to the
least possible extent over such area and the aircraft shall not begin to
descend while over such an area.

(3) The commander of an aircraft flying either within an area for which
regulations have been made for any of the reasons referred to in paragraph
(1)(a)(iii) of this Article or within airspace notified as a Danger Area shall
forthwith comply with instructions given by radio or by one of the prescribed
visual signals by the appropriate air traffic  control unit or by, or on
behalf of, the person responsible for safety within the relevant airspace.

(4) No regulations may be made under paragraph (1)(a) of this Article
prohibiting flight by any aircraft in any airspace over Hong Kong-

   (a)  by reason of national defence; or

   (b)  during a state of emergency or state of war, except on an instruction
        of a Secretary of State issued as described in paragraph (5) of this
        Article. (66 of 1997 s. 13)

(5) Where a Secretary of State, by reason of national defence, or at any time
during a state of emergency or state of war, issues an instruction to the
Governor-

   (a)  that regulations be made under paragraph (1)(a) of this Article in
        accordance with the instruction; or

   (b)  that regulations made under paragraph (1)(a) of this Article be
        repealed or amended in accordance with the instruction, then the
        Governor shall comply with that instruction. (66 of 1997 s. 13)