Hong Kong Regulations

AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 75

Aeronautical radio station records

(Past version on 30/06/1997).

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

(1) The person in charge of any aeronautical radio station the purpose of
which is to provide navigational aid by radio or radar to an aircraft making
an approach to land or landing at an aerodrome shall in respect of all
aeronautical radio stations operated by him at that aerodrome:

   (a)  keep a written record of functional tests, flight checks and
        particulars of any overhaul, repair, replacement or modification
        thereof; and

   (b)  preserve the written record for a period of one year or such longer
        periods as the Chief Executive may in a particular case direct and
        shall within a reasonable time after being requested to do so by an
        authorised person produce such record to that person. (36 of 1999 s.
        3)

(2) The person in charge of an aeronautical radio station which is used for
the provision of an air traffic control service by an air traffic 
control unit shall provide apparatus which is capable of recording the terms
of content of any radio message or signal transmitted to any aircraft either
alone or in common with other aircraft or received from any aircraft by the
air traffic control unit.

(3) The apparatus provided in compliance with paragraph (2) of this Article
shall be:

   (a)  of a type the specification of which is approved by the Chief 
        Executive in relation to the particular aeronautical radio station;
        and

   (b)  installed, modified and maintained in a manner approved by the
        Chief Executive; and

   (c)  in operation at all times when the aeronautical radio station is in
        operation for providing an air traffic control service. (36 of 1999 s.
        3)

(4) The person in charge of an aeronautical radio station shall ensure that
each record made by the apparatus provided in compliance with paragraph (2) of
this Article includes:

   (a)  the identification of the aeronautical radio station; and

   (b)  the date or dates on which the record was made; and

   (c)  a means of determining the time at which each message or signal was
        transmitted; and

   (d)  the identity of the aircraft to or from which and the radio frequency
        on which the message or signal was transmitted or received; and

   (e)  the time at which the record started and finished.

(5) If at any time the apparatus provided in compliance with paragraph (2) of
this Article ceases to be capable of recording the matters required by this
Article to be included in the record the person in charge of the aeronautical
station shall ensure that a written record is kept in which the particulars
specified in paragraph (4) of this Article are recorded together with a
summary of communications exchanged between the aeronautical radio station and
aircraft.

(6) The person in charge of the aeronautical radio station shall preserve any
record made in compliance with paragraphs (2) and (5) of this Article for a
period of 30 days from the date on which the message or signal was recorded or
for such longer period as the Chief Executive may in a particular case direct,
and shall, within a reasonable time after being requested to do so by an
authorized person, produce such record to that person. (36 of 1999 s. 3)

(7) A person required by this Article to preserve any record by reason of his
being the person in charge of the aeronautical radio station shall, if he
ceases to be such person, continue to preserve the record as if he had not
ceased to be such person, and in the event of his death the duty to preserve
the record shall fall upon his personal representative: Provided that if
another person becomes the person in charge of the aeronautical radio station
the previous person in charge or his personal representative shall deliver the
record to that other person on demand, and it shall be the duty of that other
person to deal with the record delivered to him as if he were that previous
person in charge.

(8) The provisions of this Article shall not apply in respect of any
aeronautical radio station of which the person in charge is the Chief 
Executive. (36 of 1999 s. 3)