AIR NAVIGATION (HONG KONG) ORDER 1995 - CHAPTER 448C AIR NAVIGATION (HONG KONG) ORDER 1995 - LONG TITLE Empowering section VerDate:30/06/1997 (Words repealed by 66 of 1997 s. 12) [All provisions (other than Article 74) } 1 December 1995 Article 74 } 1 June 1996] (L.N. 561 of 1995) AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 1 Citation VerDate:30/06/1997 CITATION, COMMENCEMENT AND REVOCATION (1) This Order may be cited as the Air Navigation (Hong Kong) Order 1995. (2)-(3) (Omitted as spent) AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 2 Revocation and transitional provisions VerDate:30/06/1997 (1) Subject to paragraph (2), the Air Navigation (Overseas Territories) Order 1977(a), the Air Navigation (Overseas Territories) (Amendment) Order 1977(b) and the Air Navigation (Overseas Territories) (Second Amendment) Order 1978(c) are hereby revoked. (2) (a) Article 69 of the Air Navigation (Overseas Territories) Order 1977 is revoked as from 1st June 1996. (b) Article 70 of the Air Navigation (Overseas Territories) Order 1977 is revoked as from 1st December 1996. (c) The Orders mentioned in paragraph (1) shall remain in operation until 1st June 1996 for the purposes of applying the provision mentioned in sub-paragraph (a), and until 1st December 1996 for the purposes of applying the provision mentioned in sub-paragraph (b). (d) (i) Until 1st December 1996, the Governor may, either generally, or for a particular period, or in any particular case or class of cases, apply, as seems to him to be appropriate, either the provisions of Articles 8(7), 9 and 11 of the Air Navigation (Overseas Territories) Order 1977(d) or the provisions of Articles 8(7), 9 and 11 of this Order. (ii) In any case where in accordance with sub-paragraph (d)(i) the Governor applies the provisions of Articles 8(7), 9 and 11 of the Air Navigation (Overseas Territories) Order 1977, then- (aa) the Orders mentioned in paragraph (1) shall remain in operation until 1st December 1996 for the purposes of applying Articles 8(7), 9 and 11 of the Air Navigation (Overseas Territories) Order 1977; and (bb) any reference in this Order to a "certificate of maintenance review" or to a "certificate of release to service" shall be construed as a reference respectively, to a "certificate of maintenance" or to a "certificate of compliance". (3) This Article shall apply to the Orders mentioned therein and to the provisions of any Order mentioned therein only insofar as the Order or those provisions form part of the law of Hong Kong. (4) Notwithstanding the revocation of the Orders mentioned in paragraph (1) of this Article, any instrument (that is to say any regulation*, direction, instrument, rule or other requirement, any notice and any certificate, licence, approval, permission, exemption, log book, record or other document) issued, made, served or granted under those Orders, or under any enactment revoked by any of those Orders, if in force at the commencement of this Order, shall (except to the extent that such instrument is inconsistent with the provisions of this Order, and without prejudice to Article 62 of this Order or to any power to amend any such instrument) continue in force until superseded, revoked or otherwise terminated and, so far as it could have been issued, made, served or granted under this Order, shall have effect as if issued, made, served or granted under this Order and this Order shall apply to or in relation to such instrument accordingly: Provided that any such instrument which is expressed to remain in force for a definite period shall not remain in force after the expiration of that period unless it shall be renewed in accordance with the provisions of this Order or in accordance with any prescribed provisions. ___________________________________________________________________________ ______ Note: (a) S.I. 1977/422. (b) S.I. 1977/820. (c) S.I. 1978/1520. (d) Article 11 of the Air Navigation (Overseas Territories) Order 1977 was amended by Article 2(2) of the Air Navigation (Overseas Territories) (Second Amendment) Order 1978. * See the Hong Kong Air Navigation (Fees) Regulations (Cap 448 sub. leg.) (formerly R. Ed. 1987. App. I, p. N1) AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 3 Aircraft to be registered VerDate:01/07/1997 Adaptation amendments retroactively made - see 36 of 1999 s. 3 PART I REGISTRATION AND MARKING OF AIRCRAFT (1) An aircraft shall not fly in or over Hong Kong unless it is registered in: (a) (Repealed 36 of 1999 s. 3) (b) a Contracting State; or (c) some other country in relation to which there is in force an agreement between the Central People's Government or the Government of the Hong Kong Special Administrative Region and the Government of that country which makes provision for the flight over Hong Kong of aircraft registered in that country; (36 of 1999 s. 3) Provided that: (i) any aircraft may fly unregistered on any flight which: (a) begins and ends in Hong Kong without passing over any other country; and (b) is in accordance with the "B Conditions" set forth in Schedule 2 to this Order. (ii) this paragraph shall not apply to any kite or captive balloon. (2) If an aircraft flies over Hong Kong in contravention of paragraph (1) of this Article in such manner or circumstances that if the aircraft had been registered in Hong Kong an offence against this Order or any regulations made thereunder would have been committed, the like offence shall be deemed to have been committed in respect of that aircraft. AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 4 Registration of aircraft in Hong Kong VerDate:01/07/1997 Adaptation amendments retroactively made - see 28 of 1998 s. 2; 36 of 1999 s. 3 (1) The Chief Executive shall be the authority for the registration of aircraft in Hong Kong. He may cause a register to be kept and may record therein the particulars specified in paragraph (7) of this Article in either a legible or a non-legible form, so long as the recording is capable of being reproduced in a legible form. (2) Subject to the provisions of this Article, an aircraft shall not be registered or continue to be registered in Hong Kong if it appears to the Chief Executive that: (a) the aircraft is registered outside Hong Kong and that such registration does not cease by operation of law upon the aircraft being registered in Hong Kong; or (b) an unqualified person holds any legal or beneficial interest by way of ownership in the aircraft or any share therein; or (c) the aircraft could more suitably be registered in some other country or territory; or (d) it would be inexpedient in the public interest for the aircraft to be or to continue to be registered in Hong Kong. (3) The following persons and no others shall be qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in Hong Kong or a share therein: (a) the Central People's Government or the Government of the Hong Kong Special Administrative Region; (28 of 1998 s. 2) (b) Chinese citizens; (28 of 1998 s. 2) (c) permanent residents of the Hong Kong Special Administrative Region; (28 of 1998 s. 2) (d) bodies- (i) incorporated in Hong Kong or other parts of the People's Republic of China or incorporated under the law of Hong Kong; and (ii) having their principal place of business in Hong Kong or in other parts of the People's Republic of China. (28 of 1998 s. 2) (4) If an unqualified person residing or having a place of business in Hong Kong holds a legal or beneficial interest by way of ownership in an aircraft, or a share therein, the Chief Executive, upon being satisfied that the aircraft may otherwise be properly so registered, may register the aircraft in Hong Kong. The person aforesaid shall not cause or permit the aircraft, while it is registered in pursuance of this paragraph, to be used for the purpose of public transport or aerial work. (5) If an aircraft is chartered by demise to a person qualified as aforesaid the Chief Executive may, whether or not an unqualified person is entitled as owner to a legal or beneficial interest therein, register the aircraft in Hong Kong in the name of the charterer upon being satisfied that the aircraft may otherwise be properly so registered, and subject to the provisions of this Article the aircraft may remain so registered during the continuation of the charter. (6) Application for the registration of an aircraft in Hong Kong shall be made in writing to the Chief Executive, and shall include or be accompanied by such particulars and evidence relating to the aircraft and the ownership and chartering thereof as he may require to enable him to determine whether the aircraft may properly be registered in Hong Kong and to issue the certificate referred to in paragraph (8) of this Article. In particular, the application shall include the proper description of the aircraft according to column 4 of the "General Classification of Aircraft" set forth in Part A of Schedule 1 to this Order. (7) Upon receiving an application for the registration of an aircraft in Hong Kong and being satisfied that the aircraft may properly be so registered, the Chief Executive shall register the aircraft, wherever it may be, and shall include in the register the following particulars: (a) the number of the certificate; (b) the nationality mark of the aircraft, and the registration mark assigned to it by the Chief Executive; (c) the name of the constructor of the aircraft and its designation; (d) the serial number of the aircraft; and (e) (i) the name and address of every person who is entitled as owner to a legal interest in the aircraft or a share therein, or, in the case of an aircraft which is the subject of a charter by demise, the name and address of the charterer by demise; and (ii) in the case of an aircraft registered in pursuance of paragraph (4) or (5) of this Article, an indication that it is so registered. (8) The Chief Executive shall furnish to the person in whose name the aircraft is registered (hereinafter in this Article referred to as "the registered owner") a certificate of registration, which shall include the foregoing particulars and the date on which the certificate was issued: Provided that the Chief Executive shall not be required to furnish a certificate of registration if the registered owner is the holder of an aircraft dealer's certificate granted under this Order who has made to the Chief Executive and has not withdrawn a statement of his intention that the aircraft is to fly only in accordance with the conditions set forth in Part C of Schedule 1 to this Order, and in that case the aircraft shall fly only in accordance with those conditions. (9) The Chief Executive may grant to any person qualified as aforesaid an aircraft dealer's certificate if he is satisfied that he has a place of business in Hong Kong for buying and selling aircraft. (10) Subject to paragraphs (4) and (5) of this Article, if at any time after an aircraft has been registered in Hong Kong an unqualified person becomes entitled to a legal or beneficial interest by way of ownership in the aircraft or a share therein, the registration of the aircraft shall thereupon become void and the certificate of registration shall forthwith be returned by the registered owner to the Chief Executive. (11) Any person who is the registered owner of an aircraft registered in Hong Kong shall forthwith inform the Chief Executive in writing of: (a) any change in the particulars which were furnished to the Chief Executive upon application being made for the registration of the aircraft; (b) the destruction of the aircraft, or its permanent withdrawal from use; (c) in the case of an aircraft registered in pursuance of paragraph (5) of this Article, the termination of the demise charter. (12) Any person who becomes the owner of an aircraft registered in Hong Kong shall within 28 days inform the Chief Executive in writing to that effect. (13) The Chief Executive may, whenever it appears to him necessary or appropriate to do so for giving effect to this Part of this Order or for bringing up to date or otherwise correcting the particulars entered on the register, amend the register or, if he thinks fit, may cancel the registration of the aircraft, and shall cancel that registration within two months of being satisfied that there has been a change in the ownership of the aircraft. (14) Deleted. (15) In this Article references to an interest in an aircraft do not include references to an interest in an aircraft to which a person is entitled only by virtue of his membership of a flying club and the reference in paragraph (11) of this Article to the registered owner of an aircraft includes in the case of a deceased person, his legal personal representative, and in the case of a body corporate which has been dissolved, its successor. (16) Nothing in this Article shall require the Chief Executive to cancel the registration of an aircraft if in his opinion it would be inexpedient in the public interest to do so. (17) The Chief Executive shall transmit to the Central People's Government particulars of all registrations and of changes in or cancellations of registrations, entered in the register. (36 of 1999 s. 3) AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 5 Nationality and registration marks VerDate:01/07/1997 Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) An aircraft (other than an aircraft permitted by or under this Order to fly without being registered) shall not fly unless it bears painted thereon or affixed thereto, in the manner required by the law of the country in which it is registered, the nationality and registration marks required by that law. (2) The marks to be borne by aircraft registered in Hong Kong shall comply with Part B of Schedule 1 to this Order. (3) An aircraft shall not bear any marks which purport to indicate: (a) that the aircraft is registered in a country in which it is not in fact registered, provided that marks approved by the Chief Executive for the purposes of flights in accordance with the "B Conditions" contained in Schedule 2 to this Order shall be deemed not to purport to indicate that the aircraft is so registered; or (36 of 1999 s. 3) (b) that the aircraft is a State aircraft of a particular country if it is not in fact such an aircraft, unless the appropriate authority of that country has sanctioned the bearing of such marks. AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 6 Issue of air operators' certificates VerDate:01/07/1997 Adaptation amendments retroactively made - see 36 of 1999 s. 3 PART II AIR OPERATORS' CERTIFICATES (1) An aircraft registered in Hong Kong shall not fly on any flight for the purpose of public transport, otherwise than under and in accordance with the terms of an air operator's certificate granted to the operator of the aircraft under paragraph (2) of this Article, certifying that the holder of the certificate is competent to secure that aircraft operated by him on such flights as that in question are operated safely. (2) The Chief Executive may grant to any person applying therefor an air operator's certificate if he is satisfied that that person is competent, having regard in particular to his previous conduct and experience, his equipment, organization, staffing, maintenance and other arrangements, to secure the safe operation of aircraft of the types specified in the certificate on flights of the description and for the purposes so specified. The certificate may be granted subject to such conditions as the Chief Executive thinks fit and shall, subject to the provisions of Article 62 of this Order, remain in force for the period specified in the certificate. (36 of 1999 s. 3) AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 7 Certificate of airworthiness to be in force VerDate:01/07/1997 Adaptation amendments retroactively made - see 36 of 1999 s. 3 PART III AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT (1) An aircraft shall not fly unless there is in force in respect thereof a certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered, and any conditions subject to which the certificate was issued or rendered valid are complied with: Provided that the foregoing prohibition shall not apply to flights, beginning and ending in Hong Kong without passing over any other country, of: (a) a glider, if it is not being used for the public transport of passengers or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests in a glider owned or operated by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members; (b) a balloon, if it is not being used for the public transport of passengers; (c) a kite; (d) an aircraft flying in accordance with the "A Conditions" or the "B Conditions" set forth in Schedule 2 to this Order; and (e) an aircraft flying in accordance with the conditions of a permit to fly issued by the Chief Executive in respect of that aircraft. (36 of 1999 s. 3) (2) In the case of an aircraft registered in Hong Kong the certificate of airworthiness referred to in paragraph (1) of this Article shall be a certificate issued or rendered valid in accordance with the provisions of Article 8 of this Order. AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 8 Issue, renewal, etc., of certificates of airworthiness VerDate:01/07/1997 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) AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 9 Certificate of maintenance review VerDate:09/07/1999 Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) An aircraft registered in Hong Kong in respect of which a certificate of airworthiness in either the transport or in the aerial work category is in force shall not fly unless: (a) the aircraft (including in particular its engines), together with its equipment and radio station, is maintained in accordance with a maintenance schedule approved by the Chief Executive in relation to that aircraft; and (36 of 1999 s. 3) (b) there is in force a certificate (in this Order referred to as a "certificate of maintenance review") issued in respect of the aircraft in accordance with the provisions of this Article and such certificate shall certify the date on which the maintenance review was carried out and the date thereafter when the next review is due. (2) The approved maintenance schedule referred to in paragraph (1) of this Article shall specify the occasions on which a review must be carried out for the purposes of issuing a certificate of maintenance review. (3) A certificate of maintenance review may be issued for the purposes of this Article only by: (a) the holder of an aircraft maintenance engineer's licence: (i) granted under this Order being a licence which entitles him to issue that certificate; or (ii) granted under the law of a country other than Hong Kong and rendered valid under this Order in accordance with the privileges endorsed on the licence; (iii) (Repealed 36 of 1999 s. 3) (b) a person whom the Chief Executive has authorized to issue a certificate of maintenance review in a particular case, and in accordance with that authority; or (c) a person approved by the Chief Executive as being competent to issue such certificates, and in accordance with that approval: Provided that, in approving a maintenance schedule, the Chief Executive may direct that certificates of maintenance review relating to that schedule, or to any part thereof specified in its direction, may be issued only by the holder of such a licence as is so specified. (36 of 1999 s. 3) (4) A person referred to in paragraph (3) of this Article shall not issue a certificate of maintenance review unless he has first verified that: (a) maintenance has been carried out on the aircraft in accordance with the maintenance schedule approved for that aircraft; (b) inspections and modifications required by the Chief Executive as provided in Article 8 of this Order have been completed as certified in the relevant certificate of release to service issued in accordance with Article 11 of this Order; (36 of 1999 s. 3) (c) defects entered in the technical log of the aircraft in accordance with Article 10 of this Order have been rectified or the rectification thereof has been deferred in accordance with procedures approved by the Chief Executive; and (36 of 1999 s. 3) (d) certificates of release to service have been issued in accordance with Article 11 of this Order; and for this purpose the operator of the aircraft shall make available to that person such information as is necessary. (5) A certificate of maintenance review shall be issued in duplicate. One copy of the most recently issued certificate shall be carried in the aircraft when Article 57 of this Order so requires, and the other shall be kept by the operator elsewhere than in the aircraft. (6) Subject to the provisions of Article 61 of this Order, each certificate of maintenance review shall be preserved by the operator of the aircraft for a period of two years after it has been issued. (7) For the purpose of this Article a "person" may include a body corporate. "person" AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 10 Technical log VerDate:01/07/1997 Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) A technical log shall be kept in respect of an aircraft registered in Hong Kong being an aircraft in respect of which a certificate of airworthiness in either the transport or in the aerial work category is in force or in respect of any other aircraft when the Chief Executive so requires. (2) At the end of every flight by an aircraft to which the provisions of this Article apply the commander of the aircraft shall enter: (a) the times when the aircraft took off and landed; (b) particulars of any defect which is known to him and which affects the airworthiness or safe operation of the aircraft, or if no such defect is known to him, an entry to that effect; and (c) such other particulars in respect of the airworthiness or operation of the aircraft as the Chief Executive may require; in a technical log, or, in the case of an aircraft of which the maximum total weight authorised does not exceed 2730 kg and which is not operated by a person who is the holder of or is required by Article 6(1) of this Order to hold an air operator's certificate in such other record as the Chief Executive shall approve and he shall sign and date such entries: Provided that in the case of a number of consecutive flights each of which begins and ends: (i) within the same period of 24 hours; (ii) at the same aerodrome, except where each such flight is for the purpose of dropping or projecting any material for agricultural, public health or similar purposes; and (iii) with the same person as commander of the aircraft; the commander of an aircraft may, except where he becomes aware of a defect during an earlier flight, make the entries as aforesaid in a technical log at the end of the last of such consecutive flights. (3) Upon the rectification of any defect which has been entered in a technical log in accordance with paragraph (2) of this Article a person issuing a certificate of release to service required by Article 11 of this Order in respect of that defect shall enter the certificate in the technical log in such a position as to be readily identifiable with the defect to which it relates. (4) The technical log referred to in this Article shall be carried in the aircraft when Article 57 of this Order so requires and copies of the entries referred to in this Article shall be kept on the ground: Provided that, in the case of an aeroplane of which the maximum total weight authorised does not exceed 2730 kg, or a helicopter, if it is not reasonably practicable for the copy of the technical log to be kept on the ground it may be carried in the aeroplane or helicopter, as the case may be, in a container approved by the Chief Executive for that purpose. (5) Subject to the provisions of Article 61 of this Order, a technical log or such other approved record required by this Article shall be preserved by the operator of the aircraft to which it relates until a date two years after the aircraft has been destroyed or has been permanently withdrawn from use, or for such shorter period as the Chief Executive may permit in a particular case. (36 of 1999 s. 3) AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 11 Inspection, overhaul, repair, replacement and modification VerDate:09/07/1999 Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) Except as provided in paragraph (2) of this Article an aircraft registered in Hong Kong, being an aircraft in respect of which a certificate of airworthiness issued or rendered valid under this Order is in force, shall not fly unless there is in force a certificate (in this Order referred to as a "certificate of release to service") issued in accordance with this Article if the aircraft or any part of the aircraft or such of its equipment as is necessary for the airworthiness of the aircraft has been overhauled, repaired, replaced, modified, maintained, or has been inspected as provided in Article 8(7)(b) of this Order, as the case may be: Provided that if a repair or replacement of a part of an aircraft or its equipment is carried out when the aircraft is at such a place that it is not reasonably practicable: (a) for the repair or replacement to be carried out in such a manner that a certificate of release to service can be issued under this Article in respect thereof; or (b) for such certificate to be issued while the aircraft is at that place; it may fly to a place at which such certificate can be issued, being the nearest place: (i) to which the aircraft can, in the reasonable opinion of the commander thereof, safely fly by a route for which it is properly equipped; and (ii) to which it is reasonable to fly having regard to any hazards to the liberty or health of any person on board; and in such case the commander of the aircraft shall cause written particulars of the flight, and the reasons for making it, to be given to the Chief Executive within ten days thereafter. (2) Nothing in paragraph (1) of this Article shall require a certificate of release to service to be in force in respect of an aircraft of which the maximum total weight authorized does not exceed 2730 kg and in respect of which a certificate of airworthiness of the special category is in force, unless the Chief Executive gives a direction to the contrary in a particular case. (3) Nothing in paragraph (1) of this Article shall prevent an aircraft in respect of which there is in force a certificate of airworthiness in the private or special categories and whose maximum total weight authorised does not exceed 2730 kg from flying if the only repairs or replacements in respect of which a certificate of release to service is not in force are of such a description as are specified in Regulation 15 in Schedule 15 to this Order and have been carried out personally by the owner or operator of the aircraft being the holder of a pilot's licence granted or rendered valid under this Order. In that event the owner or operator, as the case may be, of the aircraft, shall keep in the aircraft log book kept in respect of the aircraft pursuant to Article 15 of this Order a record which identifies the repair or replacement and shall sign and date the entries and, subject to the provisions of Article 61 of this Order, shall preserve the log book for the period specified in Article 15 of this Order. Any equipment or parts used in carrying out such repairs or replacements shall be of a type approved by the Chief Executive whether generally or in relation to a class of aircraft or one particular aircraft. (4) Neither: (a) requipment provided in compliance with Schedule 5 to this Order (except paragraph (3) thereof); nor (b) radio apparatus provided for use in an aircraft or in any survival craft carried in an aircraft, whether or not such apparatus is provided in compliance with this Order or any regulations made thereunder; shall be installed or placed on board for use in an aircraft registered in Hong Kong after being overhauled, repaired, modified or inspected, unless there is in force in respect thereof at the time when it is installed or placed on board a certificate of release to service issued in accordance with this Article. (5) A certificate of release to service shall: (a) certify that the aircraft or any part thereof or its equipment has been overhauled, repaired, replaced, modified or maintained, as the case may be 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 the particular aircraft and shall identify the overhaul, repair, replacement, modification or maintenance to which the certificate relates and shall include particulars of the work done; or (b) certify in relation to any inspection required by the Chief Executive that the aircraft or the part thereof or its equipment, as the case may be, has been inspected in accordance with the requirements of the Chief Executive and that any consequential repair, replacement or modification has been carried out as aforesaid. (6) A certificate of release to service may be issued for the purposes of this Article only by: (a) the holder of an aircraft maintenance engineer's licence: (i) granted under this Order, being a licence which entitles him to issue that certificate; or (ii) granted under the law of a country other than Hong Kong and rendered valid under this Order, in accordance with the privileges endorsed on the licence; (iii) (Repealed 36 of 1999 s. 3) (b) the holder of an aircraft maintenance engineer's licence or authorisation as such an engineer granted or issued by or under the law of any Contracting State other than Hong Kong in which the overhaul, repair, replacement, modification or inspection has been carried out, but only in respect of aircraft of which the maximum total weight authorised does not exceed 2730 kg and in accordance with the privileges endorsed on the licence; (c) a person approved by the Chief Executive as being competent to issue such certification, and in accordance with that approval; (d) a person whom the Chief Executive has authorised to issue the certificate in a particular case, and in accordance with that authority; or (e) in relation only to the adjustment and compensation of direct reading magnetic compasses, the holder of an Airline Transport Pilot's Licence (Aeroplanes) or a Flight Navigator's Licence granted or rendered valid under this Order. (7) Subject to the provisions of Article 61 of this Order, a certificate of release to service shall be preserved by the operator of the aircraft to which it relates for the period of time for which he is required to preserve the log book relating to the same part of the aircraft or to the same equipment or apparatus as the case may be. (8) In this Article, the expression "repair" includes in relation to a compass the adjustment and compensation thereof and the expression "repaired" shall be construed accordingly. (9) For the purpose of this Article "a person" may include a body corporate. (36 of 1999 s. 3) "repair" "repaired" "a person" AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 12 Licensing of maintenance engineers VerDate:01/07/1997 Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) The Chief Executive shall grant aircraft maintenance engineer's licences, subject to such conditions as he thinks fit, upon his being satisfied that the applicant is a fit person to hold the licence and has furnished such evidence and passed such examinations and tests as the Chief Executive may require of him for the purpose of establishing that he has sufficient knowledge, experience, competence and skill in aeronautical engineering. (2) An aircraft maintenance engineer's licence shall authorise the holder, subject to such conditions as may be specified in the licence, to issue: (a) certificates of a maintenance review in respect of such aircraft as may be so specified; (b) certificates of release to service in respect of such overhauls, repairs, replacements, modifications, maintenance and inspections of such aircraft and such equipment as may be so specified; or (c) certificates of fitness for flight under "A Conditions" in respect of such aircraft as may be so specified. (3) A licence shall, subject to the provisions of Article 62 of this Order, remain in force for the period specified therein, not exceeding five years, but may be renewed by the Chief Executive from time to time upon his being satisfied that the applicant is a fit person and is qualified as aforesaid. (4) The Chief Executive may issue a certificate rendering valid for the purposes of this Order any licence as an aircraft maintenance engineer granted under the law of any country other than Hong Kong. Such certificate may be issued subject to such conditions, and for such period, as the Chief Executive thinks fit. (5) Upon receiving a licence granted under this Article, the holder shall forthwith sign his name thereon in ink with his ordinary signature. (6) Without prejudice to any other provision of this Order the Chief Executive may, for the purpose of this Article, either absolutely or subject to such conditions as he thinks fit: (a) approve any course of training or instruction; (b) authorize a person to conduct such examinations or tests as he may specify; (c) approve a person to provide or conduct any course of training or instruction; and (d) approve a person as qualified to furnish reports to him and to accept such reports. (36 of 1999 s. 3) AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 13 Equipment of aircraft VerDate:01/07/1997 Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) An aircraft shall not fly unless it is so equipped as to comply with the law of the country in which it is registered, and to enable lights and markings to be displayed, and signals to be made in accordance with this Order and any regulations made thereunder. (2) In the case of any aircraft registered in Hong Kong the equipment required to be provided (in addition to any other equipment required by or under this Order) shall be that specified in such parts of Schedule 5 to this Order as are applicable in the circumstances and shall comply with the provisions of that Schedule. The equipment, except that specified in paragraph (3) of the said Schedule, shall be of a type approved by the Chief Executive either generally or in relation to a class of aircraft or in relation to that aircraft and shall be installed in a manner so approved. (3) In any particular case the Chief Executive may direct that an aircraft registered in Hong Kong shall carry such additional or special equipment or supplies as he may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations, or the survival of the persons carried in the aircraft. (4) The equipment carried in compliance with this Article shall be so installed or stowed and kept stowed, and so maintained and adjusted, as to be readily accessible and capable of being used by the person for whose use it is intended. (5) The position of equipment provided for emergency use shall be indicated by clear markings in or on the aircraft. In particular in every public transport aircraft registered in Hong Kong there shall be: (a) provided individually for each passenger; or (b) if the Chief Executive so permits in writing, exhibited in a prominent position in every passenger compartment; a notice relevant to the aircraft in question containing pictorial: (i) instructions on the brace position to be adopted in the event of an emergency landing; (ii) instructions on the method of use of safety belts and safety harnesses as appropriate; (iii) information as to where emergency exits are to be found and instructions as to how they are to be used; and (iv) information as to where the life-jackets, escape slides, life-rafts and oxygen masks, if required to be provided by paragraph (2) of this Article, are to be found and instructions as to how they are to be used. (6) All equipment installed or carried in an aircraft, whether or not in compliance with this Article, shall be so installed or stowed and so maintained and adjusted as not to be a source of danger in itself or to impair the airworthiness of the aircraft or the proper functioning of any equipment or services necessary for the safety of the aircraft. (7) Without prejudice to paragraph (2) of this Article, all navigational equipment (other than radio apparatus) of any of the following types, namely: (a) equipment capable of establishing the aircraft's position in relation to its position at some earlier time by computing and applying the resultant of the acceleration and gravitational forces acting upon it; and (b) equipment capable of establishing automatically the altitude and relative bearing of selected celestial bodies; when carried in an aircraft registered in Hong Kong (whether or not in compliance with this Order or any regulations made thereunder) shall be of a type approved by the Chief Executive either generally or in relation to a class of aircraft or in relation to that aircraft and shall be installed in a manner so approved. (8) This Article shall not apply in relation to radio apparatus except that specified in Schedule 5 to this Order. (36 of 1999 s. 3) AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 14 Radio equipment of aircraft VerDate:01/07/1997 Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) An aircraft shall not fly unless it is so equipped with radio and radio navigation equipment as to comply with the law of the country in which the aircraft is registered and to enable communications to be made and the aircraft to be navigated, in accordance with the provisions of this Order including, in particular, Schedule 15 hereto. (2) Without prejudice to paragraph (1) of this Article, the aircraft shall be equipped with radio and radio navigation equipment in accordance with Schedule 6 to this Order. (3) In any particular case the Chief Executive may direct that an aircraft registered in Hong Kong shall carry such additional or special radio or radio navigation equipment as he may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations or the survival of the persons carried in the aircraft. (36 of 1999 s. 3) (4) Subject to such exceptions as may be prescribed the radio and radio navigation equipment provided in compliance with this Article in an aircraft registered in Hong Kong shall always be maintained in serviceable condition. (5) All radio and radio navigation equipment installed in an aircraft registered in Hong Kong or carried on such an aircraft for use in connection with the aircraft (whether or not in compliance with this Order or any regulations made thereunder) shall be of a type approved by the Chief Executive in relation to the purpose for which it is to be used, and shall be installed in a manner approved by the Chief Executive. Neither the equipment nor the manner in which it is installed shall be modified except with the approval of the Chief Executive. (36 of 1999 s. 3) AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 15 Aircraft, engine and propeller log books VerDate:01/07/1997 Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) In addition to any other log books required by or under this Order, the following log books shall be kept in respect of aircraft registered in Hong Kong: (a) an aircraft log book; (b) a separate log book in respect of each engine fitted in the aircraft; and (c) a separate log book in respect of each variable pitch propeller fitted to the aircraft. The log books shall include the particulars respectively specified in Schedule 7 to this Order and in the case of an aircraft having a maximum total weight authorized not exceeding 2730 kg shall be of a type approved by the Chief Executive. (36 of 1999 s. 3) (2) (a) Each entry in the log book, other than such an entry as is referred to in sub-paragraphs 2(d)(ii) or 3(d)(ii) of Schedule 7 to this Order, shall be made as soon as practicable after the occurrence to which it relates, but in no event more than 7 days after the expiration of the certificate of maintenance review (if any) in force in respect of the aircraft at the time of the occurrence; (b) Each entry in the log book, being such an entry as is referred to in sub-paragraphs 2(d)(ii) or 3(d)(ii) of Schedule 7 to this Order shall be made upon each occasion that any maintenance, overhaul, repair, replacement, modification or inspection is undertaken on the engine or propeller as the case may be. (3) Entries in a log book may refer to other documents, which shall be clearly identified, and any other documents so referred to shall be deemed, for the purposes of this Order, to be part of the log book. (4) It shall be the duty of the operator of every aircraft in respect of which log books are required to be kept as aforesaid to keep them or cause them to be kept in accordance with the foregoing provisions of this Article. (5) Subject to the provisions of Article 61 of this Order every log book shall be preserved by the operator of the aircraft until a date two years after the aircraft, the engine or the variable pitch propeller, as the case may be, has been destroyed or has been permanently withdrawn from use. AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 16 Aircraft weight schedule VerDate:01/07/1997 Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) Every flying machine and glider in respect of which a certificate of airworthiness issued or rendered valid under this Order is in force shall be weighed, and the position of its centre of gravity determined, at such times and in such manner as the Chief Executive may require or approve in the case of that aircraft. (2) Upon the aircraft being weighed as aforesaid the operator of the aircraft shall prepare a weight schedule showing: (a) either the basic weight of the aircraft, that is to say, the weight of the aircraft empty together with the weight of unusable fuel and unusable oil in the aircraft and of such items of equipment as are indicated in the weight schedule, or such other weight as may be approved by the Chief Executive in the case of that aircraft; and (b) either the position of the centre of gravity of the aircraft when the aircraft contains only the items included in the basic weight or such other position of the centre of gravity as may be approved by the Chief Executive in the case of that aircraft. (3) Subject to the provisions of Article 61 of this Order the weight schedule shall be preserved by the operator of the aircraft until the expiration of a period of 6 months following the next occasion on which the aircraft is weighed for the purposes of this Article. (36 of 1999 s. 3) AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 17 Access and inspection for airworthiness purposes VerDate:01/07/1997 Adaptation amendments retroactively made - see 36 of 1999 s. 3 The Chief Executive may cause such inspections, investigations, tests, experiments and flight trials to be made as he deems necessary for the purposes of this Part of this Order and any person authorized to do so in writing by the Chief Executive may at any reasonable time inspect any part of, or material intended to be incorporated in or used in the manufacture of any part of, an aircraft or its equipment or any documents relating thereto and may for that purpose go upon any aerodrome or enter any aircraft factory. (36 of 1999 s. 3) AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 18 Composition of crew of aircraft VerDate:01/07/1997 Adaptation amendments retroactively made - see 36 of 1999 s. 3 PART IV AIRCRAFT CREW AND LICENSING (1) An aircraft shall not fly unless it carries a flight crew of the number and description required by the law of the country in which it is registered. (2) An aircraft registered in Hong Kong shall carry a flight crew adequate in number and description to ensure the safety of the aircraft and of at least the number and description specified in the certificate of airworthiness issued or rendered valid under this Order or, if no certificate of airworthiness is required under this Order to be in force, the certificate of airworthiness, if any, last in force under this Order, in respect of that aircraft. (3) (a) A flying machine registered in Hong Kong and flying for the purpose of public transport having a maximum total weight authorized exceeding 5700 kg, shall carry not less than two pilots as members of the flight crew thereof. (b) An aeroplane registered in Hong Kong and flying for the purpose of public transport in circumstances where the aircraft commander is required to comply with Instrument Flight Rules and having a maximum total weight authorized of 5700 kg, or less and powered by:- (i) one or more turbine jets; (ii) one or more turbine propeller engines and provided with a means of pressurizing the personnel compartments; (iii) two or more turbine propeller engines and certificated to carry more than nine passengers; (iv) two or more turbine propeller engines and certificated to carry fewer than ten passengers and not provided with a means of pressurizing the personnel compartments unless it is equipped with an auto-pilot which has been approved by the Chief Executive for the purposes of this Article and which is serviceable on take-off; or (v) two or more piston engines unless it is equipped with an auto-pilot which has been approved by the Chief Executive for the purposes of this Article and which is serviceable on take-off; shall carry not less than two pilots as members of the flight crew thereof: Provided that an aeroplane powered by two or more turbine propeller engines and certificated to carry fewer than ten passengers or an aeroplane powered by two or more piston engines and equipped with an appropriate auto-pilot shall not be required to carry two pilots notwithstanding that before take-off the approved auto-pilot is found to be unserviceable if the aeroplane flies in accordance with arrangements approved by the Chief Executive. (4) An aircraft registered in Hong Kong engaged on a flight for the purpose of public transport shall carry: (a) a flight navigator as a member of the flight crew; or (b) navigational equipment approved by the Chief Executive and used in accordance with any conditions subject to which that approval may have been given; if on the route or any diversion therefrom, being a route or diversion planned before take-off, the aircraft is intended to be more than 500 nautical miles from the point of take-off measured along the route to be flown, and to pass over part of an area specified in Schedule 8 to this Order. The flight navigator carried in compliance with this Article shall be carried in addition to any person who is carried in accordance with this Article to perform other duties. (5) An aircraft registered in Hong Kong which is required by the provisions of Article 14 of this Order to be equipped with radio communication apparatus shall carry a flight radio operator as a member of the flight crew, who, if he is required to operate radiotelegraph apparatus, shall be carried in addition to any other person who is carried in accordance with this Article to perform other duties. (6) If it appears to him to be expedient to do so in the interests of safety, the Chief Executive may direct any particular operator of any aircraft registered in Hong Kong that the aircraft operated by him or any such aircraft shall not fly in such circumstances as the Chief Executive may specify unless those aircraft carry in addition to the flight crew required to be carried therein by the foregoing provisions of this Article such additional persons as members of the flight crew as he may specify in the direction. (7) (a) This paragraph applies to any flight for the purpose of public transport by an aircraft registered in Hong Kong: (i) on which is carried twenty or more passengers; or (ii) which may in accordance with its certificate of airworthiness carry more than thirty-five passengers and on which at least one passenger is carried. (b) The crew of an aircraft on a flight to which this paragraph applies shall include cabin attendants carried for the purposes of performing in the interests of the safety of passengers, duties to be assigned by the operator or the commander of the aircraft but who shall not act as members of the flight crew. (c) On a flight to which this paragraph applies, there shall be carried not less than one cabin attendant for every fifty, or fraction of fifty passenger seats installed in the aircraft: Provided that the number of cabin attendants calculated in accordance with this sub-paragraph need not be carried where the Chief Executive has granted written permission to the operator to carry a lesser number on that flight and the operator carries the number specified in that permission and complies with any other terms and conditions subject to which such permission is granted. (8) If it appears to him to be expedient to do so in the interests of safety, the Chief Executive may direct any particular operator of any aircraft registered in Hong Kong that the aircraft operated by him or any such aircraft shall not fly in such circumstances as the Chief Executive may specify unless those aircraft carry in addition to the cabin attendants required to be carried therein by the foregoing provisions of this Article such additional persons as cabin attendants as he may specify in the direction. (36 of 1999 s. 3) AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 19 Members of flight crew-requirement of licences VerDate:01/07/1997 Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) Subject to the provisions of this Article, a person shall not act as a member of the flight crew of an aircraft registered in Hong Kong unless he is the holder of an appropriate licence granted or rendered valid under this Order: Provided that a person may within Hong Kong without being the holder of such a licence- (a) act as a flight radiotelephony operator if- (i) he does so as the pilot of a glider not flying for the purpose of public transport or aerial work, or as a person being trained in an aircraft registered in Hong Kong to perform duties as a member of the flight crew of an aircraft; and (ii) he is authorized to operate the radiotelephony station by the holder of the licence granted in respect of that station under any enactment; and (iii) messages are transmitted only for the purposes of instruction, or of the safety or navigation of the aircraft; and (iv) messages are transmitted only on a frequency exceeding 60 MHz assigned by the Chief Executive for use on flights on which a flight radiotelephony operator acts in one of the capacities specified in paragraph (i) of this proviso; and (36 of 1999 s. 3) (v) the transmitter is pre-set to one or more of the frequencies so assigned and cannot be adjusted in flight to any other frequency; and (vi) the operation of the transmitter requires the use only of external switches; and (vii) the stability of the frequency radiated is maintained automatically by the transmitter; (b) subject to the provisions of Article 20(8) of this Order, act as pilot in command of an aircraft for purpose of becoming qualified for the grant or renewal of a pilot's licence or the inclusion or variation of any rating in a pilot's licence if- (i) he is at least 17 years of age; and (ii) he is the holder of a valid medical certificate to the effect that he is fit so to act issued by a person approved by the Chief Executive; and (36 of 1999 s. 3) (iii) he complies with any conditions subject to which that medical certificate was issued; and (iv) no other person is carried in the aircraft; and (v) the aircraft is not flying for the purpose of public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests; and (vi) he so acts in accordance with instructions given by a person holding a pilot's licence granted under this Order being a licence which includes a flying instructor's rating or an assistant flying instructor's rating entitling him to give instruction in flying the type of aircraft being flown; (c) subject to the provisions of Article 20(8) of this Order, act as pilot of an aircraft in respect of which the flight crew required to be carried by or under this Order does not exceed one pilot for the purpose of becoming qualified for the grant or renewal of a pilot's licence or the inclusion or variation of any rating in a pilot's licence if- (i) the aircraft is not flying for the purpose of public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests; and (ii) he so acts in accordance with instructions given by a person holding a pilot's licence granted under this Order being a licence which includes a flying instructor's rating or an assistant flying instructor's rating entitling him to give instruction in flying the type of aircraft being flown; and (iii) the aircraft is fitted with dual controls and he is accompanied in the aircraft by the said instructor who is seated at the other set of controls or the aircraft is fitted with controls designed for and capable of use by two persons and he is accompanied in the aircraft by the said instructor who is seated so as to be able to use the controls; (d) subject to the provisions of Article 20(8) of this Order, act as pilot in command of an aircraft at night if- (i) he is the holder of an appropriate licence granted or rendered valid under this Order in all respects save that the licence does not include an instrument rating and he has not within the immediately preceding thirteen months carried out as pilot in command not less than five take-offs and landings at a time when the depression of the centre of the sun was not less than 12o below the horizon; (ii) he so acts in accordance with instructions given by a person holding a pilot's licence granted under this Order being a licence which includes a flying instructor's rating or an assistant flying instructor's rating entitling him to give instruction in flying the type of aircraft being flown by night; (iii) no person other than that specified in sub-paragraph (ii) above is carried; and (iv) the aircraft is not flying for the purpose of public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests. (2) Subject as aforesaid, a person shall not act as a member of the flight crew required by or under this Order to be carried in an aircraft registered in a country other than Hong Kong unless- (a) in the case of an aircraft flying for the purpose of public transport or aerial work he is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered; or (b) in the case of any other aircraft, he is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or under this Order, and the Chief Executive does not in the particular case give a direction to the contrary. (36 of 1999 s. 3) (3) For the purposes of this Article, a licence granted under the law of a Contracting State other than Hong Kong purporting to authorize the holder thereof to act as a member of the flight crew of an aircraft, not being a licence purporting to authorize him to act as a student pilot only, shall, unless the Chief Executive in the particular case gives a direction to the contrary, be deemed to be a licence rendered valid under this Order but does not entitle the holder- (36 of 1999 s. 3) (a) to act as a member of the flight crew of any aircraft flying for the purpose of public transport or aerial work or on any flight in respect of which he receives remuneration for his services as a member of the flight crew; or (b) in the case of a pilot's licence, to act on any flight as pilot of any aircraft flying in controlled airspace in circumstances requiring compliance with the Instrument Flight Rules or to give any instruction in flying. (4) Notwithstanding the provisions of paragraph (1) of this Article, a person may, unless the certificate of airworthiness in force in respect of the aircraft otherwise requires, act as pilot of an aircraft registered in Hong Kong for the purpose of undergoing training or tests for the grant or renewal of a pilot's licence or for the inclusion, renewal or extension of a rating therein without being the holder of an appropriate licence, if the following conditions are complied with: (a) no other person shall be carried in the aircraft or in an aircraft being towed thereby except a person carried as a member of the flight crew in compliance with this Order, a person authorized by the Chief Executive to witness the aforesaid training or tests or to conduct the aforesaid tests, or, if the pilot in command of the aircraft is the holder of an appropriate licence, a person carried for the purpose of being trained or tested as a member of the flight crew of an aircraft; and (36 of 1999 s. 3) (b) the person acting as the pilot of the aircraft without being the holder of an appropriate licence either- (i) within the period of 6 months immediately preceding was serving as a qualified pilot of aircraft in any of Her Majesty's naval, military or air forces, and his physical condition has not, so far as he is aware, so deteriorated during that period as to render him unfit for the licence for which he intends to qualify; or (ii) holds a pilot's, a flight navigator's or a flight engineer's licence granted or rendered valid under this Order and the purpose of the training or test is to enable him to qualify under this Order for the grant of a pilot's licence or for the inclusion of an additional type in the aircraft rating in his licence and he acts under the supervision of a person who is the holder of an appropriate licence. (5) Notwithstanding the provisions of paragraph (1) of this Article a person may act as a member of the flight crew (otherwise than as a pilot) of an aircraft registered in Hong Kong for the purposes of undergoing training or tests for the grant or renewal of a flight navigator's or a flight engineer's licence or for the inclusion, renewal or extension of a rating thereon, without being the holder of an appropriate licence if he acts under supervision and in the presence of another person who is the holder of the type of licence or rating for which the person undergoing the training or tests is being trained or tested. (6) Notwithstanding the provisions of paragraph (1) of this Article, a person may act as a member of the flight crew of an aircraft registered in Hong Kong without being the holder of an appropriate licence if, in so doing, he is acting in the course of his duty as a member of any of Her Majesty's naval, military or air forces. (7) An appropriate licence for the purposes of this Article means a licence which entitles the holder to perform the functions which he undertakes in relation to the aircraft concerned and the flight on which it is engaged. (8) This Article shall not require a licence to be held by a person by reason of his acting as a member of the flight crew of a glider unless: (a) be acts as a flight radio operator, or (b) the flight is for the purpose of public transport or aerial work, other than aerial work which consists of the giving of instruction in flying in a glider owned or operated by a flying club of which the person giving and the person receiving instruction are both members. (9) Notwithstanding anything in this Article- (a) the holder of a licence granted or rendered valid under this Order, being a licence endorsed to the effect that the holder does not satisfy in full the relevant international standard, shall not act as a member of the flight crew of an aircraft registered in Hong Kong in or over the territory of a Contracting State other than Hong Kong, except in accordance with permission granted by the competent authorities of that State; (b) the holder of a licence granted or rendered valid under the law of a Contracting State other than Hong Kong, being a licence endorsed as aforesaid, shall not act as a member of the flight crew of any aircraft in or over Hong Kong except in accordance with permission granted by the Chief Executive, whether or not the licence is or is deemed to be rendered valid under this Order. (36 of 1999 s. 3) AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 20 Grant, renewal and effect of Flight Crew Licences VerDate:01/07/1997 Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) (a) The Chief Executive may grant licences, subject to such conditions as he thinks fit, of any of the classes specified in Part A of Schedule 9 to this Order authorizing the holder to act as a member of the flight crew of an aircraft registered in Hong Kong, upon his being satisfied that the applicant is a fit person to hold the licence, and is qualified by reason of his knowledge, experience, competence, skill, physical and mental fitness to act in the capacity to which the licence relates, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests (including in particular medical examinations) and undertake such courses of training as the Chief Executive may require of him. (b) A licence of any class shall not be granted to any person who is under the minimum age specified for that class of licence in Part A of the said Schedule. (c) A licence granted under this Article shall not be valid unless it bears thereon the ordinary signature of the holder in ink. (d) Subject to paragraph (1)(a) of this Article and to the provisions of Article 62 of this Order, a licence shall remain in force for the period indicated in the licence not exceeding the period specified in respect of a licence of that class in the said Schedule, and may be renewed by the Chief Executive from time to time upon his being satisfied that the applicant is a fit person and qualified as aforesaid. If no period is indicated in the licence, it shall remain in force subject as aforesaid, for the lifetime of the holder. Provided that, until 1st December 1996, the said Part A of Schedule 9 shall be applied as if- (i) in the privileges of the Commercial Pilot's Licence (Aeroplanes), proviso (e) to paragraph (2), the proviso to paragraph (3) and paragraph (4) were omitted; (ii) the privileges of the Airline Transport Pilot's Licence (Aeroplanes) were amended to read-"the holder of the licence shall be entitled to exercise the privileges of a Commercial Pilot's Licence (Aeroplanes) except that for proviso (d) to paragraph (2) of those privileges, there shall be substituted- (d) he shall not at any time after he attains the age of 60 years fly such an aeroplane for the purpose of public transport if its maximum total weight authorized exceeds 20000 kg."; (iii) in the privileges of the Commercial Pilot's Licence (Helicopters and Gyroplanes), proviso (e) to paragraph (2), the proviso to paragraph (3) and paragraph (4) were omitted; and (iv) in the privileges of the Airline Transport Pilot's Licence (Helicopters and Gyroplanes), all the words after "shall not apply" were omitted. (2) The Chief Executive may include in a licence a rating, subject to such conditions as he thinks fit, of any of the classes specified in Part B of the said Schedule, upon his being satisfied that the applicant is qualified as aforesaid to act in the capacity to which the rating relates, and such rating shall be deemed to form part of the licence. (3) Subject to any conditions of the licence and to the provisions of this Order, a licence of any class shall entitle the holder to perform the functions specified in respect of that licence in Part A of the said Schedule under the heading "privileges", and a rating of any class shall entitle the holder of the licence in which such rating is included to perform the functions specified in respect of that rating in Part B of the said Schedule. (4) (a) Subject to the provisions of sub-paragraph (c) of this paragraph, the holder of a pilot's licence or a flight engineer's licence shall not be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight unless the licence bears a valid certificate of test or a valid certificate of experience, which certificate shall in either case be appropriate to the functions he is to perform on that flight in accordance with Part C of the said Schedule and shall otherwise comply with that Part: Provided that the holder of a Private Pilot's Licence (Balloons and Airships) or a Commercial Pilot's Licence (Balloons) shall be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight when the licence does not bear such a certificate. (b) The holder of a flight navigator's licence shall not be entitled to perform functions on a flight to which Article 18(4) of this Order applies unless the licence bears a valid certificate of experience which certificate shall be appropriate to the functions he is to perform on that flight in accordance with Part C of Schedule 9 and shall otherwise comply with that Part. (c) In any case where the Private Pilot's Licence is in such a form that it is not possible to include certificates therein, the holder of such a licence shall not be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight unless the certificate of test or certificate of experience required by sub-paragraph (a) of this paragraph is included in the personal flying log book required to be kept by him under Article 22 of this Order. (5) A person shall not be entitled to perform the functions to which an instrument rating (aeroplanes), an instrument rating (helicopters), a flying instructor's rating or an assistant flying instructor's rating relates unless his licence bears a valid certificate of test which certificate shall be appropriate to the functions to which the rating relates in accordance with Part C of the said Schedule and shall otherwise comply with that Part. (6) A person who, on the last occasion when he took a test for the purposes of paragraphs (4) or (5) of this Article, failed that test shall not be entitled to fly in the capacity for which that test would have qualified him had he passed it. (7) (a) The holder of a licence, other than a flight radiotelephony operator's licence, granted under this Article shall not be entitled to perform any of the functions to which his licence relates unless it includes a valid medical certificate. (b) Every applicant for or holder of such a licence shall upon such occasions as the Chief Executive may require submit himself to medical examination by a person approved by the Chief Executive either generally or in a particular case or class of case who shall make a report to the Chief Executive in such form as the Chief Executive may require. (c) Where the medical examination referred to in sub-paragraph (b) of this paragraph has been conducted in Hong Kong, the Chief Executive or any person approved by him as competent to do so may, on the basis thereof, issue a medical certificate subject to such conditions as he thinks fit to the effect that he has assessed the holder of the licence as fit to perform the functions to which the licence relates. The certificate shall without prejudice to paragraph (8) of this Article, be valid for such period as is therein specified and shall be deemed to form part of the licence. (d) Where the medical examination is conducted outside Hong Kong, the person conducting the examination shall, in addition to making a report to the Chief Executive, issue a certificate certifying, if such is, in his opinion, the case, that the holder of the licence is fit to perform the functions to which the licence relates and the said certificate may be deemed by the Chief Executive to be a medical certificate for the purposes of this Article, and if so shall be valid for such period as may be specified therein in writing by the person conducting the examination. (8) (a) A person shall not be entitled to act as a member of the flight crew of an aircraft registered in Hong Kong if he knows or suspects that his physical or mental condition renders him temporarily or permanently unfit to perform such functions or to act in such capacity. (b) Every holder of a medical certificate issued under Article 19 or 20 of this Order who- (i) suffers any personal injury involving incapacity to undertake his functions as a member of the flight crew; or (ii) suffers any illness involving incapacity to undertake those functions throughout a period of 20 days or more; or (iii) in the case of a woman, has reason to believe that she is pregnant: shall inform the Chief Executive in writing of such injury, illness or pregnancy, as soon as possible in the case of injury or pregnancy, and as soon as the period of 20 days has elapsed in the case of illness. The medical certificate shall be deemed to be suspended upon the occurrence of such injury or the elapse of such period of illness or the confirmation of the pregnancy, and- (aa) in the case of injury or illness the suspension shall cease upon the holder being medically examined under arrangements made by the Chief Executive and pronounced fit to resume his functions as a member of the flight crew or upon the Chief Executive exempting, subject to such conditions as he thinks fit, the holder from the requirement of a medical examination; and (bb) in the case of pregnancy, the suspension may be lifted by the Chief Executive for such period and subject to such conditions as he thinks fit and shall cease upon the holder being medically examined under arrangements made by the Chief Executive after the pregnancy has ended and pronounced fit to resume her functions as a member of the flight crew. (9) Nothing in this Order shall prohibit the holder of a pilot's licence from acting as pilot of an aircraft having a maximum total weight authorized not exceeding 5700 kg when, with the permission of the Chief Executive, he is testing any person for the purposes of paragraphs (1), (2), (4) or (5) of this Article, notwithstanding that the type of aircraft in which the test is conducted is not specified in the aircraft rating included in his licence or that the licence or personal flying log book, as the case may be, does not include a valid certificate of test or a valid certificate of experience in respect of the type of aircraft. (10) Where any provision of Part C of Schedule 9 or Part B of Schedule 11 to this Order permits a test to be conducted in a flight simulator approved by the Chief Executive, that approval may be granted subject to such conditions as the Chief Executive thinks fit. (11) Without prejudice to any other provision of this Order the Chief Executive may, for the purpose of this Article, either absolutely or subject to such conditions as he thinks fit- (a) approve any course of training or instruction; (b) authorize a person to conduct such examinations or tests as he may specify; (c) approve a person to provide any course of training or instruction; and (d) approve a person as qualified to furnish reports to him and to accept such reports. (36 of 1999 s. 3) AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 21 Validation of licences VerDate:01/07/1997 Adaptation amendments retroactively made - see 36 of 1999 s. 3 The Chief Executive may issue a certificate of validation rendering valid for the purposes of this Order any licence as a member of the flight crew of aircraft granted under the law of any country other than Hong Kong. A certificate of validation may be issued subject to such conditions and for such periods as the Chief Executive thinks fit. (36 of 1999 s. 3) AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 22 Personal flying log book VerDate:30/06/1997 (1) Every Member of the flight crew of an aircraft registered in Hong Kong and every person who engages in flying for the purpose of qualifying for the grant or renewal of a licence under this Order shall keep a personal flying log book in which the following particulars shall be recorded- (a) the name and address of the holder of the log book; (b) particulars of the holder's licence (if any) to act as member of the flight crew of an aircraft; (c) the name and address of his employer (if any). (2) Particulars of each flight during which the holder of the log book acted either as a member of the flight crew of an aircraft or for the purpose of qualifying for the grant or renewal of a licence under this Order as the case may be, shall be recorded in the log book at the end of each flight or as soon thereafter as is reasonably practicable, including- (a) the date, the places at which the holder embarked on and disembarked from the aircraft and the time spent during the course of a flight when he was acting in either capacity; (b) the type and registration mark of the aircraft; (c) the capacity in which the holder acted in flight; (d) particulars of any special conditions under which the flight was conducted, including night-flying and instrument flying; and (e) particulars of any test or examination undertaken whilst in flight. (3) For the purposes of this Article, a helicopter shall be deemed to be in flight from the moment the helicopter first moves under its own power for the purpose of taking off until the rotors are next stopped. (4) Particulars of any test or examination undertaken whilst in a flight simulator shall be recorded in the log book, including- (a) the date of the test or examination; (b) the type of simulator; (c) the capacity in which the holder acted; and (d) the nature of the test or examination. AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 23 Instruction in flying VerDate:30/06/1997 (1) A person shall not give any instruction in flying to which this Article applies unless- (a) he holds a licence, granted or rendered valid under this Order, entitling him to act as pilot in command of the aircraft for the purpose and in the circumstances under which the instruction is to be given; and (b) his licence includes a flying instructor's rating or an assistant flying instructor's rating entitling the holder to give the instruction. (2) This Article applies to instruction in flying given to any person flying or about to fly a flying machine or glider for the purpose of becoming qualified for- (a) the grant of a pilot's licence; (b) the inclusion or variation of any rating in his licence: Provided that this Article shall not apply to any instruction if flying given to a person for the purpose of becoming qualified for the inclusion in his licence of an aircraft rating entitling him to act as pilot of a multi-engined aircraft, or of an aircraft of any class appearing in column 4 of the Table in Part A of Schedule 1 to this Order if that person has previously been entitled under the Order, or qualified in any of Her Majesty's naval, military or air forces, to act as pilot of multi-engined aircraft, or of an aircraft of that class as the case may be. AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 24 Glider pilot-minimum age VerDate:30/06/1997 A person under the age of 16 years shall not act as pilot in command of a glider. AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 25 Operations Manual VerDate:01/07/1997 Adaptation amendments retroactively made - see 36 of 1999 s. 3 PART V OPERATION OF AIRCRAFT (1) This Article shall apply to public transport aircraft registered in Hong Kong except aircraft whose maximum total weight authorized does not exceed 2730 kg and which are used for the time being solely for flights not intended to exceed 60 minutes in duration, which are either- (a) flights solely for training persons to perform duties in an aircraft; or (b) flights intended to begin and end at the same aerodrome. (2) (a) The operator of every aircraft to which this Article applies shall- (i) make available to each member of his operating staff an operations manual, and (ii) ensure that each copy of the operations manual is kept up to date, and (iii) ensure that on each flight every member of the crew has access to a copy of every part of the operations manual which is relevant to his duties on the flight. (b) Each operations manual shall contain all such information and instructions as may be necessary to enable the operating staff to perform their duties as such including in particular information and instructions relating to the matters specified in Part A of Schedule 11 to this Order: Provided that the operations manual shall not be required to contain any information or instructions available in a flight manual accessible to the persons by whom the information or instructions may be required. (3) (a) An aircraft to which this Article applies shall not fly unless, not less than 30 days prior to such flight, the operator of the aircraft has furnished to the Chief Executive a copy of the whole of the operations manual for the time being in effect in respect of the aircraft. (b) Any amendments or additions to the operations manual shall be furnished to the Chief Executive by the operator before or immediately after they come into effect: Provided that, where an amendment or addition relates to the operation of an aircraft to which the operations manual did not previously relate, that aircraft shall not fly for the purpose of public transport until the amendment or addition has been furnished to the Chief Executive. (c) Without prejudice to the foregoing sub-paragraphs the operator shall make such amendments or additions to the operations manual as the Chief Executive may require for the purpose of ensuring the safety of the aircraft or of persons or property carried therein or the safety, efficiency or regularity of air navigation. (36 of 1999 s. 3) (4) For the purposes of this Article, Article 42 and Schedule 11 to this Order, "operating staff" means the servants and agents employed by the operator, whether or not as members of the crew of the aircraft, to ensure that the flights of the aircraft are conducted in a safe manner and includes an operator who himself performs those functions. (5) If in the course of a flight on which the equipment specified in Scale O in paragraph 5 of Schedule 5 hereto is required to be provided the said equipment becomes unserviceable, the aircraft shall be operated on the remainder of that flight in accordance with any relevant instructions in the operations manual. "operating staff" AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 26 Training manual VerDate:01/07/1997 Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) The operator of every aircraft registered in Hong Kong and flying for the purpose of public transport shall: (a) make a training manual available to every person appointed by the operator to give or to supervise the training, experience, practice or periodical tests required under Article 27(2) of this Order; and (b) ensure that each copy of that training manual is kept up to date. (2) Each training manual shall contain all such information and instructions as may be necessary to enable a person appointed by the operator to give or to supervise the training, experience, practice and periodical tests required under Article 27(2) of this Order to perform his duties as such including in particular information and instructions relating to the matters specified in Part C of Schedule 11 to this Order. (3) (a) An aircraft to which this Article applied shall not fly unless, not less than 30 days prior to such flight, the operator of the aircraft has furnished to the Chief Executive a copy of the whole of his training manual relating to the crew of that aircraft. (b) Any amendments or additions to the training manual shall be furnished to the Chief Executive by the operator before or immediately after they come into effect: Provided that where an amendment or addition relates to training, experience, practice or periodical tests on an aircraft to which the training manual did not previously relate, that aircraft shall not fly for the purpose of public transport until the amendment or addition has been furnished to the Chief Executive. (c) Without prejudice to the foregoing sub-paragraphs the operator shall make such amendments or additions to the training manual as the Chief Executive may require for the purpose of ensuring the safety of the aircraft or of persons or property carried therein or the safety, efficiency or regularity of air navigation. (36 of 1999 s. 3) AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 27 Public transport-operator's responsibilities VerDate:30/06/1997 (1) The operator of an aircraft registered in Hong Kong shall not permit the aircraft to fly for the purpose of public transport without first- (a) designating from among the flight crew a pilot to be the commander of the aircraft for the flight; and (b) satisfying himself by every reasonable means that the aeronautical radio stations and navigational aids serving the intended route or any planned diversion therefrom are adequate for the safe navigation of the aircraft; and (c) satisfying himself by every reasonable means that the aerodromes at which it is intended to take-off or land and any alternate aerodrome at which a landing may be made are suitable for the purpose and in particular are adequately manned and equipped (including such manning and equipment as is specified in Regulation 14 in Schedule 15 to this Order) to ensure the safety of the aircraft and its passengers: Provided that the operator of the aircraft shall not be required to satisfy himself as to the adequacy of fire-fighting, search, rescue or other services which are required only after the occurrence of an accident. (2) The operator of an aircraft registered in Hong Kong shall not permit any person to be a member of the crew thereof during any flight for the purpose of public transport (except a flight for the sole purpose of training persons to perform duties in aircraft) unless such person has had the training, experience, practice and periodical tests specified in Part B of Schedule 11 to this Order in respect of the duties which he is to perform and unless the operator has satisfied himself that such person is competent to perform his duties, and in particular to use the equipment provided in the aircraft for that purpose. The operator shall maintain, preserve, produce and furnish information respecting records relating to the foregoing matters in accordance with Part B of the said Schedule 11. (3) The operator of an aircraft registered in Hong Kong shall not permit any member of the flight crew thereof, during any flight for the purpose of the public transport of passengers, to simulate emergency manoeuvres and procedures which the operator has reason to believe will adversely affect the flight characteristics of the aircraft. AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 28 Loading-public transport aircraft and suspended loads VerDate:01/07/1997 Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) The operator of an aircraft registered in Hong Kong shall not cause or permit it to be loaded for a flight for the purpose of public transport, or any load to be suspended therefrom, except under the supervision of a person whom he has caused to be furnished with written instructions as to the distribution and securing of the load so as to ensure that- (a) the load may safely be carried on the flight; and (b) any conditions subject to which the certificate of airworthiness in force in respect of the aircraft was issued or rendered valid, being conditions relating to the loading of the aircraft, are complied with. (2) The instructions shall indicate the weight of the aircraft prepared for service, that is to say the aggregate of the weight of the aircraft (shown in the weight schedule referred to in Article 16 of this Order) and the weight of such additional items in or on the aircraft as the operator thinks fit to include; and the instructions shall indicate the additional items included in the weight of the aircraft prepared for service, and show the position of the centre of gravity of the aircraft at that weight: Provided that this paragraph shall not apply in relation to a flight if- (a) the aircraft's maximum total weight authorised does not exceed 1150 kg; or (b) the aircraft's maximum total weight authorised does not exceed 2730 kg and the flight is intended not to exceed 60 minutes in duration and is either- (i) a flight solely for training persons to perform duties in an aircraft; or (ii) a flight intended to begin and end at the same aerodrome; or (c) the aircraft is a helicopter the maximum total weight authorised of which does not exceed 3000 kg and the total seating capacity of which does not exceed five persons. (3) The operator of an aircraft shall not cause or permit it to be loaded in contravention of the instructions referred to in paragraph (1) of this Article. (4) The person supervising the loading of the aircraft shall, before the commencement of any such flight, prepare and sign a load sheet in duplicate conforming to the requirements specified in Regulation 1 in Schedule 15 to this Order, and shall (unless he is himself the commander of the aircraft) submit the load sheet for examination by the commander of the aircraft who shall sign his name thereon: Provided that the foregoing requirements of this paragraph shall not apply if- (a) the load and the distributing and securing thereof upon the next intended flight are to be unchanged from the previous flight and the commander of the aircraft makes and signs an endorsement to that effect upon the load sheet for the previous flight, indicating the date of the endorsement, the place of departure upon the next intended flight and the next intended place of destination; or (b) paragraph (2) of this Article does not apply in relation to the flight. (5) One copy of the load sheet shall be carried in the aircraft when Article 57 of this Order so requires until the flights to which it relates have been completed and one copy of that load sheet and of the instructions referred to in this Article shall be preserved by the operator until the expiration of a period of six months thereafter and shall not be carried in the aircraft: Provided that in the case of an aeroplane of which the maximum total weight authorized does not exceed 2730 kg, or a helicopter, if it is not reasonably practicable for the copy of the load sheet to be kept on the ground it may be carried in the aeroplane or helicopter, as the case may be, in a container approved by the Chief Executive for that purpose. (36 of 1999 s. 3) (6) The operator of an aircraft registered in Hong Kong and flying for the purpose of the public transport of passengers shall not cause or permit baggage to be carried in the passenger compartment of the aircraft unless such baggage can be properly secured and, in the case of an aircraft capable of seating more than 30 passengers, such baggage shall not exceed the capacity of the spaces in the passenger compartment approved by the Chief Executive for the purpose of stowing baggage, unless carried in accordance with the terms of a written permission granted by the Chief Executive which permission may be granted subject to such conditions as the Chief Executive thinks fit. (36 of 1999 s. 3) AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 29 Public transport-operating conditions VerDate:01/07/1997 Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) An aircraft registered in Hong Kong shall not fly for the purpose of public transport, except for the sole purpose of training persons to perform duties in aircraft, unless the relevant requirements specified in Regulations 3 to 11 inclusive in Schedule 15 to this Order in respect of its weight and related performance and flight in specified meteorological conditions or at night are complied with. (2) The assessment of the ability of an aircraft to comply with paragraph (1) of this Article shall be based on the information as to its performance contained in the certificate of airworthiness relating to the aircraft. In the event of the information given therein being insufficient for that purpose such assessment shall be based on the best information available to the commander of the aircraft. (3) A flying machine registered in Hong Kong when flying over water for the purpose of public transport shall fly, except as may be necessary for the purpose of take-off or landing, at such an altitude as would enable the aircraft- (a) if it has one engine only, in the event of the failure of that engine; or (b) if it has more than one engine, in the event of the failure of one of those engines, and with the remaining engine or engines operating within the maximum continuous power conditions specified in the certificate of airworthiness relating to the aircraft; to reach a place at which it can safely land at a height sufficient to enable it to do so. (4) Without prejudice to the provisions of paragraph (3) of this Article, an aeroplane in respect of which there is in force under this Order a certificate of airworthiness designating the aeroplane as being of performance group X shall not fly over water for the purpose of public transport so as to be more than 60 minutes flying time from the nearest shore, unless the aeroplane has more than two power units. For the purposes of this paragraph, flying time shall be calculated at normal cruising speed with one power unit inoperative. (5) Without prejudice to the provisions of paragraph (3) of this Article, a helicopter in respect of which there is in force under this Order a certificate of airworthiness designating the helicopter as being of performance group B shall not fly over water for the purpose of public transport so as to be more than 20 seconds flying time from a point from which it can make an autorotative descent to land suitable for an emergency landing unless it is equipped with apparatus approved by the Chief Executive enabling it to land safely on water, but shall not so fly on any flight for more than three minutes except with the permission in writing of the Chief Executive and in accordance with any conditions subject to which that permission may have been given. For the purpose of this paragraph, flying time shall be calculated on the assumption that the helicopter is flying in still air at the speed specified in the certificate of airworthiness in force in respect of the helicopter as the speed for compliance with regulations governing flights over water. (36 of 1999 s. 3) (6) Without prejudice to the provisions of paragraph (3) of this Article, a helicopter in respect of which there is in force under this Order a certificate of airworthiness designating the helicopter as being of performance group A2 shall not fly over water for the purpose of public transport for more than 15 minutes during any flight unless it is equipped with apparatus approved by the Chief Executive enabling it to land safely on water. (36 of 1999 s. 3) (7) Notwithstanding the provisions of paragraph (1) of this Article a helicopter in respect of which there is in force under this Order a Certificate of Airworthiness designating the helicopter as being of performance Group A or Group A (Restricted) may fly for the purpose of public transport in accordance with the weight and related performance requirements prescribed for helicopters designated as being of:- (a) performance Group A (Restricted) in the case of a helicopter designated as being of performance Group A if: (i) the maximum total weight authorised of the helicopter is less than 5700 kg; and (ii) the total number of passengers carried on the helicopter does not exceed 15; or (b) performance Group B if: (i) the maximum total weight authorised of the helicopter is less than 2730 kg; and (ii) the total number of passengers carried does not exceed 9. AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 30 Aircraft registered in Hong Kong-Aerodrome operating minima VerDate:30/06/1997 (1) (a) The operator of every aircraft to which Article 25 of this Order applies shall establish and include in the operations manual relating to the aircraft such particulars of aerodrome operating minima as are appropriate to every aerodrome of intended departure or landing and every alternate aerodrome: Provided that in relation to any flight wherein it is not practicable to include such information in the operations manual the operator of the said aircraft shall, prior to the commencement of the flight, cause to be furnished, in writing, to the commander of the aircraft such particulars of the aerodrome operating minima as are appropriate to every aerodrome of intended departure or landing and every alternate aerodrome and calculated in accordance with the specified method; and the operator shall cause a copy of the said particulars to be retained outside the aircraft for a minimum period of three months. (b) The operator of every such aircraft shall include in the operations manual relating to that aircraft such data and instructions as will enable the commander of the aircraft to calculate such aerodrome operating minima as are appropriate to aerodromes the use of which could not reasonably have been foreseen by the operator prior to the commencement of the flight. (2) The aerodrome operating minima specified shall not, in respect of any aerodrome, be less favourable than any declared in respect of that aerodrome by the competent authority, unless that authority otherwise permits in writing. (3) In establishing aerodrome operating minima for the purposes of this Article the operator of the aircraft shall take into account the following matters- (a) the type and performance and handling characteristics of the aircraft and any relevant conditions in its certificate of airworthiness; and (b) the composition of its crew; and (c) the physical characteristics of the relevant aerodrome and its surroundings; and (d) the dimensions of the runways which may be selected for use; and (e) whether or not there are in use at the relevant aerodrome any aids, visual or otherwise to assist aircraft in approach, landing or take-off, being aids which the crew of the aircraft are trained and equipped to use; the nature of any such aids that are in use; and the procedures for approach, landing and take-off which may be adopted according to the existence or absence of such aids: and shall establish in relation to each runway which may be selected for use such aerodrome operating minima as are appropriate to each set of circumstances which can reasonably be expected. (4) An aircraft to which Article 25 of this Order applies shall not commence a flight at a time when- (a) the cloud ceiling or the runway visual range at the aerodrome of departure is less than the relevant minimum specified for take-off; or (b) according to the information available to the commander of the aircraft it would not be able, without contravening paragraph (5) of this Article, to land at the aerodrome of intended destination at the estimated time of arrival there and at any alternate aerodrome at any time at which according to a reasonable estimate the aircraft would arrive there. (5) An aircraft to which Article 25 of this Order applies when making a descent to an aerodrome shall not:- (a) descend below 1000 feet above the height of the aerodrome if the relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing; or (b) (i) continue an approach to landing at any aerodrome by flying below the relevant specified decision height, or (ii) descend below the relevant specified minimum descent height unless from that height the specified visual reference of landing is established and is maintained. (6) If, according to the information available, an aircraft would as regards any flight be required by the Rules of the Air and Air Traffic Control to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the commander of the aircraft shall select prior to take-off an alternate aerodrome unless no aerodrome suitable for that purpose is available. (7) In this Article "specified" in relation to aerodrome operating minima means such particulars of aerodrome operating minima as have been specified by the operator in, or are ascertainable by reference to, the operations manual relating to that aircraft, or furnished in writing to the commander of the aircraft by the operator pursuant to the proviso to paragraph (1)(a) of this Article. "specified" AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 31 Aircraft not registered in Hong Kong-aerodrome operating minima VerDate:01/07/1997 Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) A public transport aircraft registered in a country other than Hong Kong shall not fly in or over Hong Kong unless the operator thereof shall have furnished to the Chief Executive such particulars as he may from time to time have required relating to the aerodrome operating minima specified by the operator in relation to aerodromes in Hong Kong for the purpose of limiting their use by the aircraft for take-off or landing, including any instructions given by the operator in relation to such aerodrome operating minima. The aircraft shall not fly in or over Hong Kong unless the operator shall have made such amendments or additions to the aerodrome operating minima so specified and any instructions so given as the Chief Executive may require for the purpose of ensuring the safety of the aircraft or the safety, efficiency or regularity of air navigation. (36 of 1999 s. 3) (2) The aircraft shall not take off or land at an aerodrome in Hong Kong in contravention of the specified aerodrome operating minima or the specified instruction. (3) Without prejudice to the provisions of paragraph (2) of this Article, a public transport aircraft registered in a country other than Hong Kong when making a descent to an aerodrome shall not:- (a) descend below 1000 feet above the height of the aerodrome if the relevant runway visual range at the aerodrome is at the time less than the specified minimum for landing; or (b) (i) continue an approach to landing at any aerodrome by flying below the relevant specified decision height, or (ii) descend below the relevant specified minimum descent height unless from that height the specified visual reference for landing is established and is maintained. (4) In this Article "specified" in relation to an aircraft means specified by the operator in, or ascertainable by reference to, the particulars furnished by the operator to the Chief Executive pursuant to paragraph (1) of this Article. (36 of 1999 s. 3) "specified" AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 31A Non-public transport aircraft-aerodrome operating minima VerDate:30/06/1997 (1) This Article shall apply to any aircraft which is not a public transport aircraft. (2) An aircraft to which this Article applies when making a descent at an aerodrome to a runway in respect of which there is a notified instrument approach procedure shall not descend from a height of 1000 feet or more above the aerodrome to a height of less than 1000 feet above the aerodrome if the relevant runway visual range for that runway is at the time less than the specified minimum for landing. (3) An aircraft to which this Article applies when making a descent to a runway in respect of which there is a notified instrument approach procedure shall not: (a) continue an approach to landing on such a runway by flying below the relevant specified decision height; or (b) descend below the relevant specified minimum descent height; unless in either case the specified visual reference for landing is established from such height and is maintained. (4) In this Article "specified" in relation to aerodrome operating minima means such particulars of aerodrome operating minima as have been notified in respect of the aerodrome or if the relevant minima have not been notified such minima as are ascertainable by reference to the notified method for calculating aerodrome operating minima. "specified" AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 32 Pre-flight action by commander of aircraft VerDate:30/06/1997 The commander of an aircraft registered in Hong Kong shall satisfy himself before the aircraft takes off- (a) that the flight can safely be made, taking into account the latest information available as to the route and aerodromes to be used, the weather reports and forecasts available, and any alternative course of action which can be adopted in case the flight cannot be completed as planned; (b) that the equipment (including radio apparatus) required by or under this Order to be carried in the circumstances of the intended flight is carried and is in a fit condition for use; (c) that the aircraft is in every way fit for the intended flight, and that where a certificate of maintenance review is required by Article 9(1) of this Order to be in force, it is in force and will not cease to be in force during the intended flight; (d) that the load carried by the aircraft is of such weight, and is so distributed and secured that it may safely be carried on the intended flight; (e) in the case of a flying machine or airship, that sufficient fuel, oil and engine coolant (if required) are carried for the intended flight and that a safe margin has been allowed for contingencies and, in the case of a flight for the purpose of public transport, that the instructions in the operations manual relating to fuel, oil and engine coolant have been complied with; (f) in the case of an airship or balloon, that sufficient ballast is carried for the intended flight; (g) in the case of a flying machine, that, having regard to the performance of the flying machine in the conditions to be expected on the intended flight, and to any obstructions at the places of departure and intended destination and on the intended route, it is capable of safely taking off, reaching and maintaining a safe height thereafter, and making a safe landing at the place of intended destination; (h) that any pre-flight check system established by the operator and set forth in the operations manual or elsewhere has been complied with by each member of the crew of the aircraft. AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 33 Pilots to remain at controls VerDate:30/06/1997 (1) The commander of an aircraft registered in Hong Kong, being a flying machine or glider, shall cause one pilot to remain at the controls at all times while the aircraft is in flight. If the aircraft is required by or under this Order to carry two pilots, the commander shall cause both pilots to remain at the controls during take-off and landing. If the aircraft carries two or more pilots (whether or not it is required to do so) and is engaged on a flight for the purpose of the public transport of passengers the commander shall remain at the controls during take-off and landing. (2) Each pilot at the controls shall be secured in his seat by either a safety belt with or without one diagonal shoulder strap, or a safety harness except that during take-off and landing a safety harness shall be worn if it is required by Article 13 of this Order to be provided. AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 33A Wearing of survival suits by crew VerDate:30/06/1997 Each member of the crew of an aircraft registered in Hong Kong shall wear a survival suit if such a suit is required by Article 13 of this Order to be carried. AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 34 Public transport of passengers-duties of commander VerDate:01/07/1997 Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) This Article applies to flights for the purpose of the public transport of passengers by aircraft registered in Hong Kong. (2) In relation to every flight to which this Article applies the commander of the aircraft shall- (a) before the aircraft takes off, take all reasonable steps to ensure that all passengers are made familiar with the position and method of use of emergency exits, safety belts, safety harnesses, and (where required to be carried) oxygen equipment, life jackets and the floor path lighting system and all other devices required by or under this Order and intended for use by passengers individually in case of an emergency occurring to the aircraft; (b) (i) if the aircraft is not a seaplane but is intended in the course of the flight to reach a point more than 30 minutes flying time (while flying in still air at the speed specified in the relevant certificate of airworthiness as the speed for compliance with regulations governing flights over water) from the nearest land, take all reasonable steps to ensure that before take-off, all passengers are given a demonstration of the method of use of the lifejackets required by or under this Order for the use of passengers. (ii) if the aircraft is not a seaplane but is required by Article 18(7) of this Order to carry cabin attendants, take all reasonable steps to ensure that, before the aircraft takes-off on a flight: (aa) which is intended to proceed beyond gliding distance from land, or (bb) on which in the event of any emergency occurring during the take-off or during the landing at the intended destination or any likely alternate destination it is reasonably possible that the aircraft would be forced to land onto water; all passengers are given a demonstration of the method of use of the lifejackets required by or under this Order for the use of passengers: Provided that where the only requirements to give such a demonstration arises because it is reasonably possible that the aircraft would be forced to land onto water at one or more of the likely alternate destinations the demonstration need not be given until after the decision has been taken to divert to such a destination. (c) if the aircraft is a seaplane, take all reasonable steps to ensure that before the aircraft takes off all passengers are given a demonstration of the method of use of the equipment referred to in the preceding sub-paragraph; (d) before the aircraft takes off, and before it lands, take all reasonable steps to ensure that the crew of the aircraft are properly secured in their seats and that any persons carried in compliance with Article 18(7) of this Order are properly secured in seats which shall be in a passenger compartment and which shall be so situated that those persons can readily assist passengers; (e) before the aircraft takes-off, and before it lands, and whenever by reason of turbulent air or any emergency occurring during the flight he considers the precaution necessary: (i) take all reasonable steps to ensure that all passengers of two years of age or more are properly secured in their seats by safety belts or safety harnesses and that all passengers under the age of two years are properly secured by means of a child restraint device; and (ii) take all reasonable steps to ensure that those items of baggage in the passenger compartment which he reasonably considers ought by virtue of their size, weight or nature to be properly secured are properly secure and, in the case of an aircraft capable of seating more than 30 passengers, that such baggage is either stowed in the passenger compartment stowage spaces approved by the Chief Executive for the purpose of stowing baggage or carried in accordance with the terms of a written permission granted by the Chief Executive which permission may be granted subject to such conditions as the Chief Executive thinks fit. (36 of 1999 s. 3) (f) in an emergency, take all reasonable steps to ensure that all passengers are instructed in the emergency action which they should take; (g) in the case of aircraft in respect of which a certificate of airworthiness was first issued (whether in Hong Kong or elsewhere) on or after 1st January 1989 except in a case where a pressure greater than 700 millibars is maintained in all passenger and crew compartments throughout the flight, take all reasonable steps to ensure that- (i) before the aircraft reaches flight level 100 the method of use of the oxygen provided in the aircraft in compliance with the requirements of Article 13 of this Order is demonstrated to all passengers; (ii) when flying above flight level 120 all passengers and cabin attendants are recommended to use oxygen; and (iii) during any period when the aircraft is flying above flight level 100 oxygen is used by all the flight crew of the aircraft; (h) in the case of aircraft in respect of which a certificate of airworthiness was first issued (whether in Hong Kong or elsewhere) prior to 1st January 1991, except in the case where a pressure greater than 700 millibars is maintained in all passenger and crew compartments throughout the flight, take all reasonable steps to ensure that- (i) before the aircraft reaches flight level 130 the method of use of the oxygen provided in the aircraft in compliance with the requirements of Article 13 of this Order is demonstrated to all passengers; (ii) when flying above flight level 130 all passengers and cabin attendants are recommended to use oxygen; and (iii) during any period when the aircraft is flying above level 100 oxygen is used by all the flight crew of the aircraft; Provided that he need not comply with the provisions of this sub-paragraph (h) if he complies instead with the provisions of sub-paragraph (g) of this Article. AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 35 Operation of radio in aircraft VerDate:16/06/2000 (1) The radio station in an aircraft shall not be operated, whether or not the aircraft is in flight, except in accordance with the conditions of the licence issued in respect of that station under the law of the country in which the aircraft is registered, and by a person duly licensed or otherwise permitted to operate the radio station under that law. (2) Whenever an aircraft is in flight in such circumstances that it is required by or under this Order to be equipped with radio communications apparatus, a continuous radio watch shall be maintained by a member of the flight crew listening to the signals transmitted upon the frequency notified, or designated by a message received from an appropriate aeronautical radio station, for use by the aircraft: Provided that- (a) the radio watch may be discontinued or continued on another frequency to the extent that a message as aforesaid so permits; and (b) the watch may be kept by a device installed in the aircraft if- (i) the appropriate aeronautical radio station has been informed to that effect and has raised no objection; and (ii) that station is notified, or in the case of a station situated in a country other than Hong Kong, otherwise designated as transmitting a signal suitable for that purpose. (3) Whenever an aircraft is in flight in such circumstances that it is required by or under this Order to be equipped with radio or radio navigation equipment a member of the flight crew shall operate that equipment in such a manner as he may be instructed by the appropriate air traffic control unit or as may be notified in relation to any notified airspace in which the aircraft is flying. (4) The radio station in an aircraft shall not be operated so as to cause interference which impairs the efficiency of aeronautical telecommunications or navigational services, and in particular emissions shall not be made except as follows: (a) emissions of the class and frequency for the time being in use, in accordance with general international aeronautical practice, in the airspace in which the aircraft is flying. (b) distress, urgency and safety messages and signals, in accordance with general international aeronautical practice; (c) messages and signals relating to the flight of the aircraft, in accordance with general international aeronautical practice; (d) such public correspondence messages as may be permitted by or under the aircraft radio station licence referred to in paragraph (1) of this Article. (5) In every aircraft registered in Hong Kong which is equipped with radio communication apparatus a telecommunications log book shall be kept in which the following entries shall be made: (36 of 2000 s. 28) (a) the identification of the aircraft radio station; (b) the date and time of the beginning and end of every radio watch maintained in the aircraft and of the frequency on which it was maintained; (c) the date and time, and particulars of all messages and signals sent or received, including in particular details of any distress signals or distress messages sent or received; (d) particulars of any action taken upon the receipt of a distress signal or distress message; (e) particulars of any failure or interruption of radio communications and the cause thereof: Provided that a telecommunications log book shall not be required to be kept in respect of communication by radiotelephony with a radio station on land or on a ship which provides a radio service for aircraft. (36 of 2000 s. 28) (6) The flight radio operator maintaining radio watch shall sign the entries in the telecommunications log book indicating the times at which he began and ended the maintenance of such watch. (36 of 2000 s. 28) (7) The telecommunications log book shall be preserved by the operator of the aircraft until a date 6 months after the date of the last entry therein. (36 of 2000 s. 28) (8) In any flying machine registered in Hong Kong which is engaged on a flight for the purpose of public transport the pilot and the flight engineer (if any) shall not make use of a hand-held microphone (whether for the purpose of radio communication or of intercommunication within the aircraft) whilst the aircraft is flying in controlled airspace below flight level 150 or is taking off or landing. AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 36 Minimum navigation performance VerDate:01/07/1997 Adaptation amendments retroactively made - see 36 of 1999 s. 3 An aircraft registered in Hong Kong shall not fly in airspace prescribed for the purpose of this Article by Regulation 17 of Schedule 15 of this Order unless- (a) it is equipped with navigation systems which enable the aircraft to maintain the prescribed navigation performance capability; and (b) the navigation systems required by paragraph (a) hereof are approved by the Chief Executive and installed and maintained in a manner approved by the Chief Executive, and (c) the operating procedures for the navigation systems required by paragraph (a) hereof are approved by the Chief Executive; and (d) the equipment is operated in accordance with the approved procedures while the aircraft is flying in the said airspace. (36 of 1999 s. 3) AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 37 Use of flight recording systems and preservation of records VerDate:01/07/1997 Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) On any flight on which a flight data recorder or a cockpit voice recorder or a combined cockpit voice recorder/flight data recorder is required by sub-paragraph 4(4), (5), (6) or (7) of Schedule 5 to this Order to be carried in an aeroplane, it shall always be in use from the beginning of the take-off run to the end of the landing run. (2) The operator of the aeroplane shall at all times, subject to the provisions of Article 61 of this Order, preserve: (a) the last 25 hours of recording made by any flight date recorder required by or under this Order to be carried in an aeroplane; and (b) a record of not less than one representative flight, that is to say, a recording of a flight made within the last 12 months which includes a take-off, climb, cruise, descent, approach to landing and landing, together with a means of identifying the record with the flight to which it relates; and shall preserve such records for such period as the Chief Executive may in a particular case direct. (3) On any flight on which a cockpit voice recorder or a flight data recorder or a combined cockpit voice recorder/flight data recorder is required by paragraph 4(14) of Schedule 5 of this Order to be carried in a helicopter, it shall always be in use from the time the rotors first turn for the purpose of taking off until the rotors are next stopped. (4) The operator of the helicopter shall at all times, subject to Article 61 of this Order, preserve: (a) the last 8 hours of recording made by any flight data recorder specified at sub-paragraph (i) or (ii) of Scale SS of paragraph 5 of Schedule 5 to this Order and required by or under this Order to be carried in the helicopter; (b) in the case of a combined cockpit voice recorder/flight data recorder specified at sub-paragraph (iii) of the said Scale SS and required by or under this Order to be carried in a helicopter either: (i) the last eight hours of recording; or (ii) the last five hours of recording or the duration of the last flight, whichever is the greater (together hereinafter referred to in this Article as the "required recording"), together with an additional period of recording for either: (aa) the period immediately preceding the required recording; or (bb) such period or periods as the Chief Executive may permit in any particular case or class of cases generally. (5) The additional recording retained pursuant to sub-paragraphs (b)(ii)(aa) and (bb) of paragraph (4) above shall, together with the required recording, total a period of eight hours and shall be retained in accordance with arrangements approved by the Chief Executive. (6) An approval granted by the Chief Executive for the purposes of this Article shall be in writing and may be subject to such conditions as the Chief Executive thinks fit. (36 of 1999 s. 3) AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 38 Towing of gliders VerDate:30/06/1997 (1) An aircraft in flight shall not tow a glider unless the certificate of airworthiness issued or rendered valid in respect of the towing aircraft under the law of the country in which that aircraft is registered includes an express provision that it may be used for that purpose. (2) The length of the combination of towing aircraft, tow rope and glider in flight shall not exceed 150 metres. (3) The commander of an aircraft which is about to tow a glider shall satisfy himself, before the towing aircraft takes off- (a) that the tow rope is in good condition and is of adequate strength for the purpose, and that the combination of towing aircraft and glider, having regard to its performance in the conditions to be expected on the intended flight and to any obstructions at the place of departure and on the intended route, is capable of safely taking off, reaching and maintaining a safe height at which to separate the combination and that thereafter the towing aircraft can make a safe landing at the place of intended destination; (b) that signals have been agreed and communication established with persons suitably stationed so as to enable the glider to take off safely; (c) that emergency signals have been agreed between the commander of the towing aircraft and the commander of the glider, to be used, respectively, by the commander of the towing aircraft to indicate that the tow should immediately be released by the glider, and by the commander of the glider to indicate that the tow cannot be released. (4) The glider shall be attached to the towing aircraft by means of the tow rope before the aircraft takes off. AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 39 Towing, picking up and raising of persons and articles VerDate:30/06/1997 (1) Subject to the provisions of this Article, an aircraft in flight shall not, by means external to the aircraft, tow any article, other than a glider, or pick up or raise any person, animal or article, unless the certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the country in which the aircraft is registered includes an express provision that it may be used for that purpose. (2) An aircraft shall not launch or pick up tow ropes, banners or similar articles other than at an aerodrome. (3) An aircraft in flight shall not tow any article, other than a glider, at night or when flight visibility is less than one nautical mile. (4) The length of the combination of towing aircraft, tow rope, and article in tow, shall not exceed 150 metres. (5) A helicopter shall not fly at any height over a congested area of a city, town or settlement at any time when any person, article or animal is suspended from the helicopter. (6) A passenger shall not be carried in a helicopter at any time when an article, person or animal is suspended therefrom, other than a passenger who has duties to perform in connection with the article, person or animal or a passenger who has been picked up or raised by means external to the helicopter or a passenger who it is intended shall be lowered to the surface by such means. (7) Nothing in this Article shall- (a) prohibit the towing in a reasonable manner by an aircraft in flight of any radio aerial, any instrument which is being used for experimental purposes, or any signal, apparatus or article required or permitted by or under this Order to be towed or displayed by an aircraft in flight; (b) prohibit the picking up or raising of any person, animal or article in an emergency or for the purpose of saving life; (c) apply to any aircraft while it is flying in accordance with the "B Conditions" set forth in Schedule 2 to this Order; (d) be taken to permit the towing or picking up of a glider other