Hong Kong Regulations

AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 98

Interpretation

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 28 of 1998 s. 2; 36 of 1999 s.
3

(1) In this Order, unless the context otherwise requires-

"Aerial work" means any purpose (other than public transport) for which an
aircraft is flown if hire or reward is given or promised in respect of the
flight or the purpose of the flight;

"Aerial work aircraft" means an aircraft (other than a public transport 
aircraft) flying, or intended by the operator to fly, for the purpose of
aerial work;

"Aerial work undertaking" means an undertaking whose business includes the
performance of aerial work;

"Aerobatic manoeuvres" includes loops, spins, rolls, bunts, stall turns,
inverted flying and any other similar manoeuvre;

"Aerodrome flight information unit" means a person appointed by the Chief 
Executive or by any other person maintaining an aerodrome to give information
by means of radio signals to aircraft flying or intending to
fly within the aerodrome traffic zone of that aerodrome and "aerodrome flight
information service" shall be construed accordingly; (36 of 1999 s. 3)

"Aerodrome operating minima" in relation to the operation of an aircraft at an
aerodrome means the cloud ceiling and runway visual range for take-off, and
the decision height or minimum descent height, runway visual  range and visual
reference for landing, which are the minima for the operation of that aircraft
at that aerodrome;

"Aerodrome traffic zone" means the airspace:

   (a)  which is in the vicinity of an aerodrome which is notified for the
        purposes of Rule 35 of Schedule 14 to this Order; and

   (b)  which in relation to such an aerodrome:

        (i)    at which the length of the longest runway is notified as 1850
               metres or less, extends from the surface to a height of 2000
               feet above the level of the aerodrome within the area bounded
               by the circle centred on the notified mid-point of the longest
               runway and having a radius of 2 nautical miles: Provided that
               where such an aerodrome traffic zone would extend less than 1
               1/2 nautical miles beyond the end of any runway at the
               aerodrome and this proviso is notified as being applicable,
               sub-paragraph (ii) hereof shall apply as though the length of
               the longest runway is notified as greater than 1850 metres;

        (ii)   at which the length of the longest runway is notified as
               greater than 1850 metres, the airspace extends from the surface
               to a height of 2000 feet above the level of the aerodrome
               within the area bounded by a circle centred on the notified
               mid-point of the longest runway and having a radius of 2 1/2
               nautical miles; except any part of that airspace which is
               within the aerodrome traffic  zone of another aerodrome which
               is notified for the purposes of this Order as being the
               controlling aerodrome;

"Aeronautical beacon" means an aeronautical ground light which is visible
either continuously or intermittently to designate a particular point on the
surface of the earth;

"Aeronautical ground light" means any light specifically provided as an aid to
air navigation, other than a light displayed on an aircraft;

"Aeronautical radio station" means a radio station on the surface, which
transmits or receives signals for the purpose of assisting aircraft;

"Air traffic control unit" means a person appointed by the Chief Executive or
by any other person maintaining an aerodrome or place to give instructions or
advice or both instructions and advice by means of radio signals to aircraft
in the interests of safety but does not include a
person so appointed solely to give information to aircraft, and "Air traffic
control service" shall be construed accordingly; (36 of 1999 s. 3)

"Air traffic service" shall include an air traffic control service and flight
information service;

"Air transport undertaking" means an undertaking whose business includes the
carriage by air of passengers or cargo for hire or reward;

"Approach to landing" means that portion of the flight of the aircraft, when
approaching to land, in which it is descending below a height of 1000 feet
above the relevant specified decision height or minimum descent  height;

"Appropriate aeronautical radio station" means in relation to an aircraft an
aeronautical radio station serving the area in which the aircraft is for the
time being;

"Appropriate air traffic control unit" means in relation to an aircraft the
air traffic control unit serving the area in which the aircraft is for the
time being or the air traffic control unit serving the area in which the
aircraft intends to enter and with which unit the aircraft is required to
communicate prior to entering that area, as the case may be;

"Authorized person" means any person authorized by the Chief Executive either
generally or in relation to a particular case or class of cases, and
references to a person authorized by the Chief Executive include references to
the holder for the time being of any office designated by the Chief Executive;
(36 of 1999 s. 3)

"Beneficial interest" has the same meaning as in section 53 of the
Merchant Shipping (Registration) Ordinance ( Cap 415); (36 of 1999 s. 3)

"Cargo" includes mail and animals;

"Certificate of airworthiness" includes any validation thereof and any flight
manual, performance schedule or other document, whatever its title,
incorporated by reference in that certificate relating to the certificate 
of airworthiness;

"Certificate of maintenance review" and "certificate of release to service"
have the meanings respectively assigned to them by Articles 9(1) and 11(5) of
this Order;

"Chief Executive" means-

   (a)  the Chief Executive of the Hong Kong Special Administrative Region;

   (b)  a person for the time being assuming the duties of the Chief 
        Executive according to the provisions of Article 53 of the Basic Law;
        and

   (c)  in relation to any purpose of this Order, other than the purposes of
        Article 97 thereof, any person authorized by the Chief  Executive for
        that purpose; (36 of 1999 s. 3)

"Class A Airspace", "Class B Airspace", "Class C Airspace", "Class D
Airspace", and " Class E Airspace" means airspace respectively notified as
such;

"Cloud ceiling" in relation to an aerodrome means the vertical distance from
the elevation of the aerodrome to the lowest part of any cloud visible from
the aerodrome which is sufficient to obscure more than one-half of the sky so
visible;

"Commander" in relation to an aircraft means the member of the flight crew
designated as commander of that aircraft by the operator thereof, or, failing
such a person, the person who is for the time being the pilot in  command of
the aircraft;

"Competent authority" means in relation to Hong Kong, the Chief Executive, and
in relation to any other country the authority responsible under the law of
that country for promoting the safety of civil aviation; (36 of 1999 s. 3)

"Conditional sale agreement" means an agreement for the sale of goods under
which the purchase price or part of it is payable by instalments, and the
property in the goods is to remain in the seller (notwithstanding that the
buyer is to be in possession of the goods) until such conditions as to the
payment of instalments or otherwise as may be specified in the agreement are
fulfilled;

"Congested area" in relation to a city, town or settlement, means any area
which is substantially used for residential, industrial, commercial or
recreational purposes;

"Contracting State" means any State (including the People's Republic of China
and Hong Kong, being a part thereof) which is a party to the Convention on
International Civil Aviation which, on 7 December 1944, was opened for
signature at the International Civil Aviation Conference held at Chicago; (36
of 1999 s. 3)

"Controlled airspace" means airspace which has been notified as Class A, Class
B, Class C, Class D or Class E airspace;

"Control area" means airspace which has been notified as such and which
extends upwards from a notified altitude or flight level;

"Control zone" means airspace which has been notified as such and which
extends upwards from the surface;

"Co-pilot" in relation to an aircraft means a pilot who in performing his
duties as such is subject to the direction of another pilot carried in the
aircraft;

"Country" includes a territory or place, except in paragraph (2) of this
Article; (36 of 1999 s. 3)

"Crew" has the meaning assigned to it by paragraph (4) of this Article;

"Danger Area" shall mean airspace which has been notified as such within which
activities dangerous to the flight or aircraft may take place or exist at such
times as may be notified;

"Decision height" in relation to the operation of an aircraft at an aerodrome
means the height in a precision approach at which a missed approach must be
initiated if the required visual reference to continue that approach has not
been establish;

"Flight" and "to fly" have the meanings respectively assigned to them by
paragraph (3) of this Article;

"Flight crew" in relation to an aircraft means those members of the crew of
the aircraft who respectively undertake to act as pilot, flight navigator,
flight engineer and flight radio operator of the aircraft;

"Flight level" means one of a series of levels of equal atmospheric pressure,
separated by notified intervals and each expressed as the number of hundreds
of feet which would be indicated at that level on a pressure altimeter
calibrated in accordance with the International Standard Atmosphere and set to
1013.2 millibars;

"Flight recording systems" means a system comprising either a flight data
recorder or a cockpit voice recorder or both;

"Flight simulator" means apparatus by means of which flight conditions in an
aircraft are simulated on the ground;

"Flight visibility" means the visibility forward from the flight deck of an
aircraft in flight;

"Government aerodrome" means any aerodrome in Hong Kong which is under the
control of the Chief Executive or is in the occupation of any department of
the Government of the Hong Kong Special Administrative Region, or of Her
Majesty's naval, military or air forces, or of any visiting force;

(36 of 1999 s. 3)

"Hong Kong" includes-

   (a)  all waters, whether navigable or not, included in Hong Kong; and

   (b)  (Repealed 36 of 1999 s. 3)

"hire-purchase agreement" means an agreement for the bailment of goods under
which the bailee may buy the goods, or under which the property in the goods
will or may pass to the bailee;

"Instrument Flight Rules" means Instrument Flight Rules contained in the Rules
of the Air;

"Instrument Meteorological Conditions" means weather precluding flight in
compliance with the Visual Flight Rules;

"To land" in relation to aircraft includes alighting on the water;

"Legal personal representative" means the person constituted executor,
administrator, or other representative, of a deceased person; (36 of 1999 s.
3)

"Licence" includes any certificate of competency or certificate of validity
issued with the licence or required to be held in connection with the licence
by the law of the country in which the licence is granted;

"Licence for public use" has the meaning assigned to it by Article 73(3) of
this Order;

"Licensed aerodrome" means an aerodrome licensed under this Order;

"Lifejacket" includes any device designed to support a person individually in
or on the water;

"Log Book" in the case of an aircraft log book, engine log book variable pitch
propeller log book or personal flying log book, includes a record kept either
in a book, or by any other means approved by the Chief  Executive in the
particular case; (36 of 1999 s. 3)

"Maximum total weight authorized" in relation to an aircraft means the maximum
total weight of the aircraft and its contents at which the aircraft may take
off anywhere in the world, in the most favourable circumstances in accordance
with the certificate of airworthiness in force in respect of the aircraft;

"Military aircraft" includes the naval, military or air force aircraft of any
country and-

   (a)  any aircraft being constructed for the naval, military or air forces
        of any country under a contract entered into by the Secretary of
        State; and

   (b)  any aircraft in respect of which there is in force a certificate
        issued by the Secretary of State that the aircraft is to be treated
        for the purposes of this Order as a military aircraft;

"Minimum descent height" in relation to the operation of an aircraft at an
aerodrome means the height in a non-precision approach below which descent may
not be made without the required visual reference;

"Nautical mile" means the International Nautical Mile, that is to say, a
distance of 1852 metres;

"Night" means the time between half an hour after sunset and half an hour
before sunrise, sunset and sunrise being determined at surface level;

"Non-precision approach" means an instrument approach using non-visual aids
for guidance in azimuth or elevation but which is not a precision  approach;

"Notified" means shown in any of the following publications for the time being
in force and issued in Hong Kong whether before or after the coming into
operation of this Order, that is to say "Notams (Notices to Airmen)",
"Aeronautical Information Publications (AIP)", or such other official
publications so issued for the purpose of enabling any of the provisions of
this Order to be complied with;

"Operator" has the meaning assigned to it by paragraph (5) of this Article;

"Parascending parachute" means a parachute which is towed by cable in such a
manner as to cause it to ascend;

"Passenger" means a person other than a member of the crew;

"Pilot in command" in relation to an aircraft means a person who for the time
being is in charge of the piloting of the aircraft without being under the
direction of any other pilot in the aircraft;

"Precision approach" means an instrument approach using Instrument Landing
System, Microwave Landing System or Precision Approach Radar for guidance in
both azimuth and elevation;

"Prescribed" means prescribed by regulations made by the Chief Executive
under this Order, and the expression "prescribe" shall be construed
accordingly; (36 of 1999 s. 3)

"Pressurised aircraft" means an aircraft provided with means of maintaining in
any compartment a pressure greater than that of the surrounding atmosphere;

"Public transport" has the meaning assigned to it by paragraph (6) of this
Article;

"Public transport aircraft" means an aircraft flying, or intended by the
operator of the aircraft to fly, for the purpose of public transport;

"Record" includes, in addition to a record in writing-

   (a)  any disc, tape, sound-track or other device in which sounds or signals
        are embodied so as to be capable (with or without the aid of some
        other instrument) of being reproduced therefrom;

   (b)  any film, tape or other device in which visual images are embodied so
        as to be capable (as aforesaid) of being reproduced therefrom; and

   (c)  any photograph; and any reference to a copy of a record includes, in
        the case of a record falling within paragraph (a) only of this
        definition, a transcript of the sounds or signals embodied therein, in
        the case of a record falling within paragraph (b) only of this
        definition, a still reproduction of the images embodied therein, and
        in the case of a record falling within both those paragraphs; such a
        transcript together with such a still reproduction;

"Replacement" in relation to any part of an aircraft or its equipment includes
the removal and replacement of that part whether or not by the same part, and
whether or not any work is done on it, but does not include the removal and
replacement of a part which is designed to be removable solely for the purpose
of enabling another part to be inspected, repaired, removed or replaced or
cargo to be loaded;

"Rules of the Air" means the Rules contained in Schedule 14 to this Order and
any supplementary rules made by the Chief Executive under Article 64(1) of
this Order; (36 of 1999 s. 3)

"Runway visual range" in relation to a runway means the distance in the
direction of take-off or landing over which the runway lights or surface
marking may be seen from the touchdown zone as calculated by either human
observation or instruments in the vicinity of the touchdown zone or where this
is not reasonably practicable in the vicinity of the midpoint of the runway;
and the distance, if any, communicated to the commander of an aircraft by or
on behalf of the person in charge of the aerodrome as being the
runway visual range shall be taken to be the runway visual range for the time
being;

"Scheduled journey" means one of a series of journeys which are undertaken
between the same two places and which together amount to a systematic service;

"Seaplane" includes a flying boat and any other aircraft designed to manoeuvre
on water;

"Special VFR flight" means a flight made in Instrument Meteorological 
Conditions or at night in a control zone or in a control zone notified for the
purposes of Rule 22 of the Rules of the Air in respect of which the
appropriate air traffic control unit has given permission for the flight to be
made in accordance with special instructions by that unit instead of in
accordance with the Instrument Flight Rules;

"Specified minimum weather provisions" has the meaning assigned to it by
paragraph (7) of this Article;

"Visual Flight Rules" means Visual Flight Rules contained in the Rules of the
Air;

"Visual Meteorological Conditions" means weather permitting flight in
accordance with the Visual Flight Rules.

(66 of 1997 s. 15; 28 of 1998 s. 2; 36 of 1999 s. 3)

(2) In relation to Hong Kong the expression "visiting force" in this Order
means any such body, contingent or detachment of the forces of any country as
is a visiting force for the purposes of any of the provisions of the Visiting
Forces Act 1952(a), which extend to that territory, in respect of that
country, by virtue of any Order in Council made under subsection (2) of
section 1 or under section 15 of that Act.

(3) An aircraft shall be deemed to be in flight-

   (a)  in the case of a piloted flying machine from the moment when, after
        the embarkation of its crew for the purpose of taking off, it first
        moves under its own power, until the moment when it next comes to rest
        after landing;

   (b)  in the case of a pilotless flying machine, or a glider, from the
        moment when it first moves for the purpose of taking off until the
        moment when it next comes to rest after landing;

   (c)  in the case of an airship or free balloon, from the moment when it
        first becomes detached from the surface until the moment when it next
        becomes attached thereto or comes to rest thereon;
and the expressions "a flight" and "to fly" shall be construed accordingly.

(4) Every person employed or engaged in an aircraft in flight on the business
of the aircraft shall be deemed to be a member of the crew thereof.

(5) References in this Order to the operator of an aircraft are, for the
purpose of the application of any provision of this Order in relation to any
particular aircraft, references to the person who at the relevant time has the
management of that aircraft, and cognate expressions shall be construed
accordingly: Provided that for the purposes of the application of any
provision in Part III of this Order, when by virtue of any charter or other
agreement for the hire or loan of an aircraft a person other than an
air transport  undertaking or an aerial work undertaking has the management of
that aircraft for a period not exceeding 14 days, the foregoing provisions of
this paragraph shall have effect as if that agreement had not been entered
into.

(6) (a) Subject to the provisions of this paragraph, an aircraft in flight
shall for the purposes of this Order be deemed to fly for the purpose of
public transport-

        (i)    if hire or reward is given or promised for the carriage of
               passengers or cargo in the aircraft on that flight; or

        (ii)   if any passengers or cargo are carried gratuitously in the
               aricraft on that flight by an air transport undertaking, not
               being persons in the employment of the undertaking (including,
               in the case of a body corporate, its directors), persons with
               the authority of the Chief  Executive either making any
               inspection or witnessing any training, practice or test for the
               purposes of this Order, or cargo intended to be used by any
               such passengers as aforesaid, or by the undertaking; or (36 of
               1999 s. 3)

        (iii)  for the purposes of Part III of this Order, if hire or reward
               is given or promised for the right to fly the aircraft on that
               flight (not being a single seater aircraft of which the
               maximum total weight  authorized does not exceed 910 kilograms
               and in respect of which a certificate of airworthiness of the
               Special Category is in force) otherwise than under a
               hire-purchase or conditional sale agreement,
and the expression "public transport of Passengers" shall be construed
accordingly: Provided that, notwithstanding that an aircraft may be flying for
the purpose of public transport by reason of sub-paragraph (a)(iii) of this
paragraph, it shall not be deemed to be flying for the purpose of the
public transport of passengers unless hire or reward is given for the carriage
of those passengers. Provided that, notwithstanding that an aircraft may be
flying for the purpose of public transport for the purposes of Part III of
this Order by virtue of sub-paragraph (a)(iii) of this paragraph if the hire
or reward given or promised for the primary purpose of conferring on a
particular person the right to fly the glider on that flight is given or
promised by a member of a flying club and the glider is owned or operated by
that flying club.

   (b)  Where under a transaction effected by or on behalf of a member of an
        association of persons on the one hand and the association of persons
        or any member thereof on the other hand, a person is carried in, or is
        given the right to fly, an aircraft in such circumstances that hire or
        reward would be given or promised if the transaction were effected
        otherwise than aforesaid, hire or reward shall, for the purposes of
        this Order, be deemed to have been given or promised, notwithstanding
        any rule of law as to such transactions.

(7) The specified minimum weather provisions shall be as follows-

   (a)  Outside airspace notified for the purposes of Schedule 8 to this
        Order:

        (i)    an aircraft flying above 3000 feet above mean sea level shall
               remain at least 1800 metres horizontally and 1000 feet
               vertically away from cloud and in a flight visibility of at
               least 10 km:

        (ii)   an aircraft other than a helicopter flying at or below 3000
               feet above mean sea level shall remain at least 1800 metres
               horizontally and 1000 feet vertically away from cloud and in
               a flight visibility of at least 5 km: Provided that this
               sub-paragraph shall be deemed to be complied with if the
               aircraft is flown at a speed which according to its airspeed
               indicator is 140 knots or less and remains clear of cloud, in
               sight of the surface and in a flight visibility of at least
               1800 metres;

        (iii)  a helicopter flying at or below 3000 feet above mean sea level
               shall remain clear of cloud and in sight of the surface or at
               least 1800 metres horizontally and 1000 feet vertically away
               from cloud and in a  flight visibility of at least 5 km;

   (b)  within airspace notified for the purposes of Schedule 8 to this Order
        an aircraft shall remain at least 1800 metres horizontally and 1000
        feet vertically away from cloud and in a flight visibility of at least
        10 km: Provided that in a control zone within such airspace, in the
        case of a special VFR flight the aircraft shall be flown in accordance
        with any instructions given by the
        appropriate air traffic control unit.

(8) The expressions appearing in the "General Classification of Aircraft" set
forth in Part A of Schedule 1 to this Order shall have the meanings thereby
assigned to them.

(9) (Repealed 36 of 1999 s. 3)

(10) A power to make regulations under this Order shall include the power to
make different provisions with respect to different circumstances and with
respect to different parts of Hong Kong and to make such incidental and
supplementary provisions as are necessary or expedient for carrying out the
purposes of the Order.

(11) (a) Any power conferred by this Order to issue, make, serve or grant any
instrument shall be construed as including a power exercisable, in the like
manner and subject to the like conditions, if any, to vary, revoke, cancel or
otherwise terminate the instrument.

        (b)	In this paragraph "instrument" includes any regulations, 
direction, instruction, rule or other requirement, any notice and any
certificate, licence, approval, permission, exemption, authorization, log 
book record or other document.

(12) The Chief Executive may delegate any person or body or the person holding
any office designated by him to exercise or perform on his behalf any of his
powers or duties under this Order other than the power to make regulations
under Article 97 and thereupon, or from the date specified by the
Chief Executive, the person so delegated shall have and may exercise such
powers and shall perform such duties, other than the power to make regulations
under Article 97. (36 of 1999 s. 3)
___________________________________________________________________________
______ Note:

   (a)  1952 c. 67.

"Aerial work"

"Aerial work aircraft"

"Aerial work undertaking"

"Aerobatic manoeuvres"

"Aerodrome flight information unit"

"Aerodrome operating minima"

"Aerodrome traffic zone"

"Aeronautical beacon"

"Aeronautical ground light"

"Aeronautical radio station"

"Air traffic control unit"

"Air traffic service"

"Air transport undertaking"

"Approach to landing"

"Appropriate aeronautical radio station"

"Appropriate air traffic control unit"

"Authorized person"

"Beneficial interest"

"Cargo"

"Certificate of airworthiness"

"Certificate of maintenance review" and "certificate of release to service"

"Chief Executive"

"Class A Airspace", "Class B Airspace", "Class C Airspace", "Class D
Airspace", and " Class E Airspace"

"Cloud ceiling"

"Commander"

"Competent authority"

"Conditional sale agreement"

"Congested area"

"Contracting State"

"Controlled airspace"

"Control area"

"Control zone"

"Co-pilot"

"Country"

"Crew"

"Danger Area"

"Decision height"

"Flight" and "to fly"

"Flight crew"

"Flight level"

"Flight recording systems"

"Flight simulator"

"Flight visibility"

"Government aerodrome"

"Hong Kong"

"hire-purchase agreement"

"Instrument Flight Rules"

"Instrument Meteorological Conditions"

"To land"

"Legal personal representative"

"Licence"

"Licence for public use"

"Licensed aerodrome"

"Lifejacket"

"Log Book"

"Maximum total weight authorized"

"Military aircraft"

"Minimum descent height"

"Nautical mile"

"Night"

"Non-precision approach"

"Notified"

"Operator"

"Parascending parachute"

"Passenger"

"Pilot in command"

"Precision approach"

"Prescribed"

"Pressurised aircraft"

"Public transport"

"Public transport aircraft"

"Record"

"Replacement"

"Rules of the Air"

"Runway visual range"

"Scheduled journey"

"Seaplane"

"Special VFR flight"

"Specified minimum weather provisions"

"Visual Flight Rules"

"Visual Meteorological Conditions"

"visiting force"

"public transport of Passengers"

"General Classification of Aircraft"

"instrument"