Hong Kong Regulations

AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 8

Issue, renewal, etc., of certificates of airworthiness

(Past version on 30/06/1997).

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

(1) The Chief Executive shall issue in respect of any aircraft a certificate
of airworthiness if he is satisfied that the aircraft is fit to fly having
regard to:

   (a)  the design, construction, workmanship and materials of the aircraft
        (including in particular any engines fitted therein), and of any
        equipment carried in the aircraft which he considers necessary for the
        airworthiness of the aircraft; and

   (b)  the results of flying trials, and such other tests of the aircraft as
        he may require: Provided that, if the Chief Executive has issued a
        certificate of airworthiness in respect of an aircraft which, in his
        opinion, is a prototype aircraft or a modification of a prototype
        aircraft, he may dispense with flying trials in the case of any other
        aircraft if he is satisfied that it conforms to such prototype or
        modification.

(2) Every certificate of airworthiness shall specify such categories as are,
in the opinion of the Chief Executive, appropriate to the aircraft in
accordance with Schedule 3 to this Order and the certificate shall be issued
subject to the condition that the aircraft shall be flown only for the
purposes indicated in the said Schedule in relation to those categories.

(3) The Chief Executive may issue the certificate of airworthiness subject to
such other conditions relating to the airworthiness of the aircraft as he
thinks fit.

(4) The certificate of airworthiness may designate the performance group to
which the aircraft belongs for the purposes of the requirements referred to in
Article 29(1) of this Order.

(5) The Chief Executive may, subject to such conditions as he thinks fit,
issue a certificate of validation rendering valid for the purposes of this
Order a certificate of airworthiness issued in respect of any aircraft under
the law of any country other than Hong Kong.

(6) Subject to the provisions of this Article and of Article 62 of this Order,
a certificate of airworthiness or validation issued under this Article shall
remain in force for such period as may be specified therein, and may be
renewed from time to time by the Chief Executive for such further period as he
thinks fit.

(7) A certificate of airworthiness or a certificate of validation issued in
respect of an aircraft shall cease to be in force:

   (a)  if the aircraft, or such of its equipment as is necessary for the
        airworthiness of the aircraft, is overhauled, repaired or modified, or
        if any part of the aircraft or of such equipment is removed or is
        replaced, otherwise than in a manner and with material of a type
        approved by the Chief Executive either generally or in relation to a
        class of aircraft or to the particular aircraft;

   (b)  until the completion of any inspection of the aircraft or of any such
        equipment as aforesaid, being an inspection made for the purpose of
        ascertaining whether the aircraft remains airworthy and:

        (i)    classified as mandatory by the Chief Executive;

        (ii)   required by a maintenance schedule approved by the Chief
               Executive in relation to that aircraft; or

   (c)  until the completion to the satisfaction of the Chief Executive of any
        modification of the aircraft or of any such equipment as aforesaid,
        being a modification required by the Chief Executive for the purpose
        of ensuring that the aircraft remains airworthy.

(8) Nothing in this Order shall oblige the Chief Executive to accept an
application for the issue of a certificate of airworthiness or validation or
for the variation or renewal of any such certificate when the application is
not supported by such reports from such approved persons as the Chief
Executive may specify (either generally or in a particular case or class of
cases).

(36 of 1999 s. 3)