Hong Kong Regulations

AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 85

Flights over any place outside Hong Kong

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 23 of 1998 s. 2

(1) The operator or commander of an aircraft registered in Hong  Kong (or, if
the operator's principal place of business or permanent residence is in
Hong Kong, any other aircraft) which is being flown over any place outside
Hong Kong shall not allow that aircraft to be used for a purpose which is
prejudicial to the security, public order or public health of, or to the
safety of air navigation in relation to, that place.

(23 of 1998 s. 2)

(2) A person does not contravene paragraph (1) of this Article if he neither
knew nor suspected that the aircraft was being or was to be used for a purpose
referred to in paragraph (1).

(3) The operator or commander of an aircraft registered in Hong  Kong (or, if
the operator's principal place of business or permanent residence is in
Hong Kong, any other aircraft) which is being flown over any place outside
Hong Kong shall comply with any directions given by the
appropriate aeronautical authorities of that place whenever-

   (a)  the flight has not been duly authorized; or

   (b)  there are reasonable grounds for the appropriate aeronautical 
        authorities to believe that the aircraft is being or will be used for
        a purpose which is prejudicial to the security, public order or public
        health of, or to the safety of air navigation in relation to, that
        place; unless the lives of person on board or the safety of the
        aircraft would thereby be endangered. (23 of 1998 s. 2)

(4) A person does not contravene paragraph (3) of this Article if he neither
knew nor suspected that directions were being given by the
appropriate aeronautical authorities.

(5) The requirements in paragraph (3) of this Article is without prejudice to
any other requirement to comply with directions of an aeronautical authority.

(6) In this Article "appropriate aeronautical authorities" includes any
person, whether a member of military or civil authorities of a place outside
Hong Kong, authorized under the law of that place to issue directions to
aircraft flying over that place. (23 of 1998 s. 2)

"appropriate aeronautical authorities"