An Ordinance to repeal and re-enact with appropriate modifications certain provisions relating to civil aviation.
[13 May 1994]
(Format changes—E.R. 2 of 2020)
(Enacting provision omitted—E.R. 2 of 2020)
This Ordinance may be cited as the Civil Aviation Ordinance.
In this Ordinance—
aerodrome (機場) means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and taking off of aircraft and includes— (a)any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and taking off of aircraft capable of descending or climbing vertically; and (b)any such area of land or water or any such area or space the management of which is vested in the Government or in the Chief Executive, (Amended 36 of 1999 s. 3) but does not include any area the use of which for affording facilities for the landing and taking off of aircraft has been abandoned and has not been resumed; (Replaced 66 of 1997 s. 2) Chicago Convention (《芝加哥公約》) means the Convention on International Civil Aviation which, on 7 December 1944, was opened for signature at the International Civil Aviation Conference held at Chicago; (Added 66 of 1997 s. 2. Amended E.R. 2 of 2020) grant (批給) includes issue; Hong Kong permanent resident (香港永久性居民) means a person who is such a resident within the meaning of the Immigration Ordinance (Cap. 115); land (土地) includes buildings and other structures, land covered with water, and any estate, interest, easement or right in or over land; licence (牌照) includes a permit or certificate.Any reference in this Ordinance to goods includes a reference to mails and a reference to animals.
(Amended 28 of 1998 s. 2)
The Chief Executive in Council may by order make such provision as appears to the Chief Executive in Council to be necessary or expedient— (Amended 36 of 1999 s. 3)
for carrying out the Chicago Convention, any Annex thereto relating to international standards and recommended practices (being an Annex adopted in accordance with the Convention) and any amendment of the Convention or any such Annex made in accordance with the Convention;
generally for regulating air navigation,
provided that such provision deals only with the routine business and technical management of civil aviation including—
the management of aerodromes;
the provision of air traffic services within the flight information region of Hong Kong; and
the discharge of other responsibilities allocated to Hong Kong under the regional air navigation procedures of the International Civil Aviation Organization.
The Chief Executive in Council may by order make provision—
as to the registration of aircraft in Hong Kong;
for prohibiting aircraft from flying unless certificates of airworthiness issued or validated under the order are in force with respect to them and except upon compliance with such conditions as to maintenance or repair as may be specified either in the order or by the Chief Executive;
for the licensing, inspection and regulation of aerodromes;
for access to aerodromes and places where aircraft have landed;
for access to aircraft factories for the purpose of inspecting work therein carried on in relation to aircraft or parts thereof;
for prohibiting or regulating the use of unlicensed aerodromes;
for prohibiting persons from engaging in, or being employed in or (except in the maintenance at unlicensed aerodromes of aircraft not used for or in connection with commercial, industrial or other gainful purposes) in connection with, air navigation in such capacities as may be specified either in the order or by the Chief Executive except in accordance with provisions in that behalf contained in the order;
for the licensing of persons employed in the inspection or supervision of aircraft at aerodromes licensed under the order;
as to the conditions under which, and in particular the aerodromes to or from which, aircraft entering or leaving Hong Kong may fly;
as to the conditions under which aircraft may fly from one part of Hong Kong to another;
as to the conditions under which—
passengers and goods may be carried by air; and
aircraft may be used for other commercial, industrial or gainful purposes;
for prohibiting the carriage by air of goods of such classes as may be specified either in the order or by the Chief Executive;
for minimizing or preventing interference with the use or effectiveness of apparatus used in connection with air navigation;
for prohibiting or regulating—
the use of apparatus used in connection with air navigation; and
the display of signs and lights liable to endanger aircraft;
generally for securing the safety, efficiency and regularity of air navigation and the safety of aircraft and of persons and property carried therein, for preventing aircraft endangering other persons and property and, in particular, for the detention of aircraft for any of the purposes specified in this paragraph;
for requiring persons engaged in, or employed in or in connection with, air navigation to supply meteorological information for the purposes of air navigation;
for regulating the making of signals and other communications by or to aircraft and persons carried therein;
for regulating the use of the civil air ensign and any other ensign established by the Chief Executive in Council for purposes connected with air navigation;
subject to subsections (3) and (4), for prohibiting aircraft from flying over such areas in Hong Kong as may be specified either in the order or by the Chief Executive;
for applying, adapting or modifying, or enabling the Chief Executive to apply, adapt or modify, in relation to aerodromes and to aircraft and to persons and property carried therein, any law in force in Hong Kong relating to customs;
for preventing smuggling by air;
for permitting, or enabling the Chief Executive to permit, in connection with air navigation, subject to such conditions as appear to the Chief Executive in Council, or to the Chief Executive, as the case may be, to be necessary or expedient for the protection of the revenue, the importation of goods into Hong Kong without payment of duty;
as to the manner and conditions of the issue, validation, renewal, extension or variation of any licence or other document required by the order (including the examinations and tests to be undergone) and as to the form, custody, production, cancellation, suspension, endorsement and surrender of any such document;
subject to subsection (5), for regulating, or enabling the Chief Executive to regulate, the charges that may be made for the use of aerodromes licensed under the order and for services provided at such aerodromes;
for prescribing, or enabling the Chief Executive to prescribe, the fees to be paid in respect of the issue, validation, renewal, extension or variation of any licence or other document or the undergoing of any examination or test required by, or in pursuance of, the order and in respect of any other matter in respect of which it appears to the Chief Executive in Council to be expedient for the purposes of the order to charge fees;
for exempting from the provisions of the order, or any of them, any aircraft or persons or classes of aircraft or persons. (Amended 36 of 1999 s. 3)
No order may be made under subsection (2)(s) for prohibiting aircraft from flying over any area in Hong Kong—
by reason of national defence; or
during a state of emergency or state of war,
except on an instruction of the Central People’s Government issued as described in subsection (4). (Amended 2 of 2012 s. 3)
Where the Central People’s Government, by reason of national defence, or at any time during a state of emergency or state of war, issues an instruction to the Chief Executive— (Amended 2 of 2012 s. 3)
that an order be made under subsection (2)(s) in accordance with the instruction; or
that an order made under subsection (2)(s) be repealed or amended in accordance with the instruction,
then the Chief Executive in Council shall comply with that instruction. (Amended 2 of 2012 s. 3)
No order may be made under subsection (2)(x) for regulating, or enabling the Chief Executive to regulate, the charges that may be made in relation to any matter for which charges may be determined by the Airport Authority under section 7 or 34 of the Airport Authority Ordinance (Cap. 483). (Amended 36 of 1999 s. 3)
An order under this section may make different provision with respect to—
different classes of aircraft, aerodromes, persons or property;
different circumstances; and
different parts of Hong Kong,
but shall, so far as practicable, be so framed as not to discriminate in like circumstances between aircraft registered in Hong Kong operated on charter terms by one air transport undertaking and such aircraft so operated by another air transport undertaking.
An order under this section may, for the purpose of securing compliance with the order or any regulation or other instrument made thereunder—
create offences and provide for the imposition of penalties on conviction but not exceeding a fine at level 6 or imprisonment for a term of 2 years or both such fine and such imprisonment;
in the case of any provision having effect by virtue of subsection (2)(s), provide for the taking of such steps (including firing on aircraft) as may be specified in the order.
In this section—
state of emergency (緊急狀態) means a state of emergency in Hong Kong declared by the Standing Committee of the National People’s Congress for the purposes of this Ordinance by reason of turmoil within Hong Kong which endangers national unity or security and is beyond the control of the Government of the Hong Kong Special Administrative Region; (Amended 36 of 1999 s. 3; 2 of 2012 s. 3) state of war (戰爭狀態) means a state of war declared in accordance with the law of the People’s Republic of China. (Amended 2 of 2012 s. 3)(Added 66 of 1997 s. 3)
The Chief Executive in Council may make regulations providing for the investigation of any accident arising out of or in the course of air navigation and occurring in or over Hong Kong, or occurring elsewhere to aircraft registered in Hong Kong. (Amended 36 of 1999 s. 3)
Regulations under this section may contain provisions—
requiring notice to be given of any such accident as aforesaid in such manner and by such persons as may be specified;
applying, with or without modification, for the purpose of investigations held with respect to any such accidents any of the provisions of any law in force in Hong Kong relating to the investigation of deaths or accidents;
prohibiting, pending investigation, access to or interference with aircraft to which an accident has occurred, and authorizing any person, so far as may be necessary for the purposes of an investigation, to have access to, examine, remove, take measures for the preservation of, or otherwise deal with, any such aircraft or any other aircraft;
authorizing or requiring the cancellation, suspension, endorsement or surrender of any licence or other document granted in Hong Kong under regulations or orders made under this Ordinance or regulations specified in section 13(6), or the withdrawal or suspension of any validation conferred in Hong Kong of a licence granted by a competent authority elsewhere, where it appears on an investigation that the licence or other document ought to be cancelled, suspended, endorsed or surrendered, or the validation withdrawn or suspended, as the case may be, and requiring the production of any such licence or other document for the purpose of being so dealt with. (Amended 66 of 1997 s. 4)
A person who contravenes or fails to comply with any regulation under this section commits a summary offence and shall be liable on conviction to a fine at level 6, or to imprisonment for a term not exceeding 3 months or to both such fine and such imprisonment. (Amended E.R. 2 of 2020)
Where an aircraft is flown in such a manner as to be the cause of unnecessary danger to any person or property on land or water, the pilot or the person in charge of the aircraft, and also the owner thereof unless he proves to the satisfaction of the court that the aircraft was so flown without his actual fault or privity, commits a summary offence and shall be liable on conviction to a fine at level 6, or to imprisonment for a term not exceeding 6 months or to both such fine and such imprisonment. (Amended E.R. 2 of 2020)
The Chief Executive in Council may make regulations— (Amended 36 of 1999 s. 3)
to secure that aircraft shall not be used in Hong Kong by any person—
for flying, while carrying passengers or goods for hire or reward, on such journeys or classes of journeys (whether beginning and ending at the same point or at different points) as may be specified in the regulations; or
for such flying undertaken for the purpose of any trade or business as may be so specified,
except under the authority of, and in accordance with, a licence issued to the person by the authority specified in the regulations;
as to the circumstances in which a licence under the regulations may or shall be issued, refused, revoked, varied, transferred or suspended, and in particular as to the matters to which the authority specified in the regulations is to have regard in deciding whether to issue such a licence;
enabling any such licence (as distinct from the conditions attached to it), or any such licence (as so distinct) which is of a specified class or description, to be varied if, subject to subparagraph (i), the authority which issued the licence thinks fit, such variation to be in accordance with an application in that behalf by the holder of the licence and made to that authority;
as to appeals by persons interested in the grant, refusal, revocation, variation, transfer, or suspension of any licence under the regulations or the extension of the period during which such licence is to be in force;
as to the conditions which may be attached to such a licence (including conditions as to the fares, freight or other charges and conditions relating to specified services or specified classes of service (being in all cases services to be provided in or in relation to civil aviation)), and for securing compliance with any conditions so attached;
as to the extension of the period during which such a licence is to be in force or to variation of the conditions attached to such a licence;
as to information to be furnished by an applicant for, or the holder of, such a licence to such authorities as may be specified in the regulations;
prescribing the fees to be paid in respect of the issue or transfer of any licence under the regulations, or the variation of the conditions attached to such a licence or the extension of the period during which such a licence is to remain in force, or enabling such fees to be fixed by any authority or other person specified in that behalf by the regulations,
and such regulations may make different provision as respects different classes of aircraft and different classes of licences.
Regulations made under this section may, for the purpose of securing compliance with the regulations, create offences and provide for the imposition of the following penalties on conviction, namely—
in the case of summary conviction, a fine not exceeding level 6 or imprisonment for a term not exceeding 3 months or both such fine and such imprisonment; and (Amended E.R. 2 of 2020)
in the case of conviction on indictment, a fine not exceeding $5,000,000 or imprisonment for a term not exceeding 2 years or both such fine and such imprisonment.
The Chief Executive in Council may make regulations— (Amended 36 of 1999 s. 3)
requiring any person—
who carries on the business of carrying passengers or goods in aircraft for hire or reward on such journeys or classes of journeys (whether beginning and ending at the same point or at different points) as may be specified in the regulations; or
who is the holder of a licence in respect of a customs aerodrome (whether the licence was issued before or after the commencement* of this section),
to furnish to such authorities as may be specified in the regulations such information relating to the use of aircraft for the purpose of his said business and to the persons employed in connection with that use, or, as the case may be, relating to the use of the aerodrome and to the persons employed in aircraft arriving thereat or departing therefrom, as may be prescribed by the regulations;
requiring the owner, or the pilot or other person in charge, of any aircraft arriving at, or departing from, any customs aerodrome to furnish to the holder of the licence in respect of that aerodrome such information as may be necessary to enable the holder of the said licence to comply with such of the provisions of the regulations as relate to him;
prescribing the times at which, and the form and manner in which, any information required under the regulations is to be furnished:
Provided that a person carrying on such a business as is mentioned in paragraph (a)(i) shall not be required to furnish information relating to the use of aircraft on journeys wholly outside Hong Kong, or relating to persons exclusively employed outside Hong Kong, unless the person carrying on the business is either a Hong Kong permanent resident or a Chinese citizen or a body corporate incorporated under the law of Hong Kong. (Amended 28 of 1998 s. 2)
Regulations under this section may create summary offences and provide for imposing on any person who contravenes or fails to comply with any provision of the regulations such penalties (not exceeding a fine at level 6 and a further fine (not exceeding in all $500,000) not exceeding $50,000 for every day on which the contravention or non-compliance continues after conviction therefor) as may be specified in the regulations. (Amended E.R. 2 of 2020)
Subject to subsection (4), no information with respect to any particular undertaking which has been obtained by virtue of regulations under this section shall, without the consent of the person carrying on that undertaking, be disclosed otherwise than in connection with the execution of such regulations, and if any person discloses any such information in contravention of this subsection, he shall be guilty of an offence and be liable, on summary conviction, to a fine at level 6, or to imprisonment for a term not exceeding 3 months or to both such fine and such imprisonment or, on conviction on indictment, to a fine not exceeding $5,000,000, or to imprisonment for a term not exceeding 2 years or to both such fine and such imprisonment. (Amended E.R. 2 of 2020)
Nothing in this section shall apply to the disclosure of any information for the purposes of any legal proceedings which may be taken by virtue of this subsection or of regulations made under this section, or for the purposes of any report of any such proceedings, but, save as aforesaid, the restriction imposed by subsection (3) shall, in relation to any legal proceedings (including arbitrations), extend so as to prohibit and prevent any person who is in possession of any such information so obtained from disclosing, and from being required by any court or arbitrator to disclose, that information (whether as a witness or otherwise) except with the consent of the person carrying on the undertaking to which the information relates.
Where any aircraft, part of an aircraft or equipment for an aircraft is sunk, stranded or abandoned in the waters of Hong Kong in such a manner as in the opinion of the Director of Marine is, or is likely to become, an obstruction or a danger to marine navigation in those waters pending the raising, removal or destruction thereof, the Director of Marine may cause such aircraft, part or equipment to be lighted or buoyed in such manner as he considers appropriate.
No action shall lie in respect of trespass or in respect of nuisance, by reason only of the flight of an aircraft over any property at a height above the ground, which, having regard to wind, weather and all the circumstances of the case, is reasonable, or the ordinary incidents of such flight so long as such of the provisions of orders made under section 2A, of regulations made under section 3 or of an enactment specified in section 13(6) which are applicable in the particular case are complied with and there has been no breach of section 4. (Amended 66 of 1997 s. 6)
Subject to subsection (3), where material loss or damage is caused to any person or property on land or water by, or by a person in, or an article or person falling from, an aircraft while in flight, taking off or landing, then unless the loss or damage was caused or contributed to by the negligence of the person by whom it was suffered, damages in respect of the loss or damage shall be recoverable without proof of negligence or intention or other cause of action, as if the loss or damage had been caused by the wilful act, neglect, or default of the owner of the aircraft.
Where material loss or damage is caused as described in subsection (2) and in circumstances in which—
damages are recoverable in respect of the said loss or damage by virtue only of subsection (2); and
a legal liability is created in some person other than the owner of an aircraft to pay damages in respect of the said loss or damage,
such owner shall be entitled to be indemnified by that other person against any claim in respect of the said loss or damage.
Subject to subsection (5), in this section—
A person is not the owner of an aircraft within the meaning of this section if, at the time the material loss or damage mentioned in subsection (2) was caused—
the aircraft had been bona fide demised, let or hired out by such person (the lessor) to any other person (the lessee) under a lease or other arrangement for a term exceeding 14 days;
under the lease or arrangement, the lessee was responsible for ensuring the airworthiness of the aircraft; and
no member of the crew of the aircraft was in the employment of the lessor. (Added 2 of 2006 s. 2)
Any services rendered in assisting, or in saving life from, or in saving the cargo or apparel of, an aircraft in, on or over the sea or any tidal water, or on or over the shore of the sea or any tidal water, shall be deemed to be salvage services in all cases in which they would have been salvage services if they had been rendered in relation to a vessel; and where salvage services are rendered by an aircraft to any property or person, the owner of the aircraft shall be entitled to the same reward for those services as he would have been entitled to if the aircraft had been a vessel.
Paragraph (a) shall have effect notwithstanding that the aircraft concerned is not for the time being registered in Hong Kong, and notwithstanding that the services in question are rendered elsewhere than within the limits of the waters of Hong Kong.
The Chief Executive in Council may by regulations direct that any provisions of any law of Hong Kong for the time being in force which relate to wreck, to salvage of life or property or to the duty of rendering assistance to vessels in distress shall, with such exceptions, adaptations and modifications, if any, as may be specified in the regulations, apply in relation to aircraft as those provisions apply in relation to vessels. (Amended 36 of 1999 s. 3)
For the purposes of this section, any provisions of any law of Hong Kong which relate to vessels laid by or neglected as unfit for sea service shall be deemed to be provisions relating to wreck.
Any lawful entry into Hong Kong or any lawful transit across Hong Kong, with or without landings, of an aircraft to which this section applies shall not entail any seizure or detention of the aircraft or any proceedings being brought against the owner or operator thereof or any other interference therewith by or on behalf of any person in Hong Kong, on the ground that the construction, mechanism, parts, accessories or operation of the aircraft is or are an infringement of any patent, design or model.
The importation into, and storage in, Hong Kong of spare parts and spare equipment for an aircraft to which this section applies and the use and installation thereof in the repair of such an aircraft shall not entail any seizure or detention of the aircraft or of the spare parts or spare equipment or any proceedings being brought against the owner or operator of the aircraft or the owner of the spare parts or spare equipment or any other interference with the aircraft by or on behalf of any person in Hong Kong on the ground that the spare parts or spare equipment or their installation are or is an infringement of any patent, design or model.
Subsection (2) shall not apply in relation to any spare parts or spare equipment which are sold or distributed in Hong Kong or are exported from Hong Kong for sale or distribution.
This section applies—
to an aircraft, other than an aircraft used in military, customs or police services, registered in any country or territory in the case of which there is for the time being in force a declaration made by the Central People’s Government, with a view to the fulfilment of the provisions of the Chicago Convention which relate to matters to which subsection (1) or (2) extends, that the benefits of those provisions apply to that country or territory; and
to such other aircraft as the Central People’s Government may specify. (Amended 36 of 1999 s. 3)
(Repealed 66 of 1997 s. 7)
A regulation or order made under this Ordinance or an enactment specified in section 13(6) shall not, on the ground that it would have effect outside Hong Kong, be deemed to be invalid in so far as it applies to aircraft registered in Hong Kong wherever they may be, or prohibits, requires or regulates—
the doing of anything by persons in, or any of the personnel of, such aircraft, wherever they may be; or
the doing of anything in relation to such aircraft by other persons being Hong Kong permanent residents or Chinese citizens, wherever they may be. (Amended 28 of 1998 s. 2)
For the avoidance of doubt and for the purpose of conferring jurisdiction as regards proceedings for an offence under regulations or orders under this Ordinance or an enactment specified in section 13(6), the alleged offence may be treated as having been committed in any place where the person against whom the proceedings are instituted may for the time being be.
For the purposes of this section the personnel of an aircraft shall be deemed to include the commander or other person in charge of the aircraft, and all other members of the crew of the aircraft.
(Amended 66 of 1997 s. 8)
Regulations or orders under this Ordinance or an enactment specified in section 13(6) which relate to aircraft may provide for the detention of aircraft to secure compliance with the regulations or orders or with any provision of this Ordinance in connection with which the regulations or orders are made, and such regulations or orders may make such further provision as appears to the Chief Executive in Council to be necessary or expedient for securing such detention.
Regulations or orders under this Ordinance, an enactment specified in section 13(6), or instructions given by the Chief Executive under any such regulations, orders or enactment, may contain such incidental and supplementary provisions as appear to the Chief Executive in Council, or to the Chief Executive, as may be appropriate, to be necessary or expedient for the purposes of the regulations, orders, enactment or instructions; and any such regulations, orders or enactment may authorize the Chief Executive to give instructions for the purposes of the regulations, orders or enactment in respect of such matters as may be therein specified.
Any reference in this Ordinance to any regulations or orders made under this Ordinance, or to an enactment, includes where the context admits a reference to the provisions of any instructions given under the regulations or orders or enactment.
(Amended 66 of 1997 s. 9; 36 of 1999 s. 3)
Nothing in this Ordinance shall apply to aircraft belonging to or exclusively employed for the time being in the service of the Central People’s Government, the Chinese People’s Liberation Army or the Government of the Hong Kong Special Administrative Region. (Amended 2 of 2012 s. 3)
The Chief Executive in Council may by order apply to any aircraft described in subsection (1), with or without modification, any provision of this Ordinance or any regulations made thereunder or any enactment specified in subsection (6). (Amended 2 of 2012 s. 3)
Nothing in this Ordinance shall be construed as affecting any provision relating to marine navigation.
Each of the enactments specified in subsection (6) (being enactments in force immediately before the commencement* of this section) shall notwithstanding section 14 continue in force, and such enactments shall be deemed to include such adaptations and modifications (if any) as are necessary or expedient to enable this subsection to have full effect.
The Chief Executive in Council may by regulations amend or revoke any enactment specified in subsection (6). (Amended 36 of 1999 s. 3)
The enactments referred to in subsection (4) are—
the Air Transport (Licensing of Air Services) Regulations (App. I, p. G1)**; and
the Hong Kong Civil Aviation (Investigation of Accidents) Regulations (App. I, p. L1)***.
The following provisions of the Civil Aviation Act 1949 (1949 c. 67 U.K.), in so far as they apply to Hong Kong, are repealed, namely, sections 10, 11, 13, 14, 40, 41, 51, 53, 57, 58, 59 and 61.
(Repealed 66 of 1997 s. 10)
Section 23 of the Interpretation and General Clauses Ordinance (Cap. 1) shall apply to each of the repeals effected by subsection (1) as it applies in relation to a repeal described in that section.
The Civil Aviation Act 1949 (1949 c. 67 U.K.), in so far as it applies to Hong Kong, is repealed.
The following, in so far as they apply to Hong Kong, are repealed, namely—
the Civil Aviation Act 1971 (Overseas Territories) Order 1973 (App. III, p. DG1);
the Air Corporations (Dissolution) Order 1973 (App. III, p. DH1); and
the Civil Aviation Act 1971 (Overseas Territories) Order 1976 (App. III, p. DM1).
Sections 23 to 25 of the Interpretation and General Clauses Ordinance (Cap. 1) apply to each of the repeals effected by subsections (1) and (2) as they apply in relation to the repeal of a provision of an Ordinance.
Notwithstanding the repeal effected by subsection (1)—
the Air Navigation (Hong Kong) Order 1995 (L.N. 561 of 1995)*, as amended by the Civil Aviation (Amendment) Ordinance 1997 (66 of 1997), shall continue in force under this Ordinance and shall be deemed for all purposes to have been made by the Chief Executive in Council under sections 2A, 12 and 13(2);
any regulation**, direction, rule, licence or other instrument made, issued or continued under the Air Navigation (Hong Kong) Order 1995 (L.N. 561 of 1995) shall, if in force on the commencement*** of this section, continue in force and shall be deemed for all purposes to have been made, issued or continued under an order made by the Chief Executive in Council under sections 2A, 12 and 13(2). (Amended 36 of 1999 s. 3)
(Added 66 of 1997 s. 11)