Hong Kong Regulations

AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 86

Mandatory reporting

Caution: This is a past version. See the current version here.

(1) Subject to the provisions of this Article, every person who-

   (a)  is the operator or the commander of a public transport aircraft which
        is registered in Hong Kong and has a maximum total weight authorized
        of more than 2300 kg; or

   (b)  carries on the business of manufacturing, repairing or overhauling
        such an aircraft, or any equipment or part thereof; or

   (c)  signs a certificate of maintenance review, or of release to service in
        respect of such an aircraft, part or equipment; or

   (d)  performs a function for which he requires an air traffic controller's
        licence; or

   (e)  is the licensee or manager of a licensed aerodrome, shall-

        (i)    make a report to the Governor of any reportable occurrence of
               which he knows and which is of such a description as is
               specified in Regulation 16 in Schedule 15 to this Order. The
               report shall be made within such time, by such means, and shall
               contain such information as is so specified and it shall be
               presented in such form as the Governor may in any particular
               case approve, and

        (ii)   make a report to the Governor, within such time, by such means,
               and containing such information as the Governor may specify in
               a notice in writing served upon him, being information which is
               in his possession or control and which relates to a
               reportable occurrence which has been reported by him or by
               another person to the Governor in accordance with this Article.

(2) In this Article "reportable occurrence" means-

   (a)  any incident relating to such an aircraft or any defect in or
        malfunctioning of such an aircraft or any part or equipment of such an
        aircraft, being an incident, malfunctioning or defect endangering, or
        which if not corrected would endanger, the aircraft, its occupants, or
        any other person; and

   (b)  any defect in or malfunctioning of any facility on the ground used or
        intended to be used for purposes of or in connection with the
        operation of such an aircraft, being a defect or malfunctioning
        endangering, or which if not corrected would endanger, such an
        aircraft or its occupants: Provided that any accident notified to the
        Governor in pursuance of regulations made under the
        Hong Kong Civil Aviation (Investigation of  Accidents) Regulations
        1983, as amended, shall not consititute a reportable occurrence for
        the purposes of this Article.

(3) Subject to paragraph (1)(ii) of this Article, nothing in this Article
shall require a person to report any occurrence which he has reason to believe
has been or will be reported by another person to the Governor in accordance
with this Article.

(4) A person shall not make any report under this Article if he knows or has
reason to believe that the report is false in any particular.

(5) Without prejudice to Article 37(2), (4) and (5) and subject to the
provisions of Article 61 of this Order, the operator of an aircraft shall, if
he has reason to believe that a report has been or will be made in pursuance
of this Article, preserve any data from a flight data recorder or a combined
cockpit voice recorder/flight data recorder relevant to the
reportable occurrence for fourteen days from the date on which a report of
that occurrence is made to the Governor or for such longer period as the
Governor may in a particular case direct: Provided that the record may be
erased if the aircraft is outside Hong  Kong and it is not reasonably
practicable to preserve the record until the aircraft reaches Hong Kong.

"reportable occurrence"