Cap. 448C 本附屬法例只有英文文本Air Navigation (Hong Kong) Order 1995

An aircraft shall not fly in or over Hong Kong unless it is registered in:

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.

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.

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:

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:

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.

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.

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.

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:

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.

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.

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.

Any person who is the registered owner of an aircraft registered in Hong Kong shall forthwith inform the Chief Executive in writing of:

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.

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.

Deleted.

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.

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.

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.

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.

The marks to be borne by aircraft registered in Hong Kong shall comply with Part B of Schedule 1 to this Order.

An aircraft shall not bear any marks which purport to indicate:

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.

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)

An aircraft shall not fly unless—

Paragraph (1) of this Article shall not apply to flights, beginning and ending in Hong Kong without passing over any other country, of: (L.N. 77 of 2008)

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.

if there is no Article 83 bis transfer of the functions and duties under Article 31 of the Chicago Convention in respect of the aircraft, the country in which the aircraft is registered; or

if there is such a transfer, the state of the operator of the aircraft.

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:

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.

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.

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.

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.

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.

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.

A certificate of airworthiness or a certificate of validation issued in respect of an aircraft shall cease to be in force:

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).

An aircraft registered in Hong Kong in respect of which a certificate of airworthiness is in force shall not fly unless: (L.N. 77 of 2008)

In relation to an aircraft in respect of which there has been issued a certificate of airworthiness in either the transport or the aerial work category, 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. (L.N. 77 of 2008)

A certificate of maintenance review may be issued for the purposes of this Article only by:

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 his direction, may be issued only by the holder of such a licence as is so specified. (36 of 1999 s. 3; L.N. 77 of 2008)

A person referred to in paragraph (3) of this Article shall not issue a certificate of maintenance review unless he has first verified that:

and for this purpose the operator of the aircraft shall make available to that person such information as is necessary.

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.

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.

(Repealed L.N. 77 of 2008)

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 the aerial work category is in force or in respect of any other aircraft when the Chief Executive so requires. (L.N. 77 of 2008)

At the end of every flight by an aircraft to which the provisions of this Article apply the pilot in command of the aircraft shall enter:

in a technical log, or, in the case of an aircraft of which the maximum total weight authorised does not exceed 2 730 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 pilot in command of the aircraft;

the pilot in command 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. (L.N. 77 of 2008)

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.

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 2 730 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.

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.

This Article shall apply to an aircraft:

Except as provided in paragraph (2) of this Article an aircraft 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 pilot in command 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 pilot in command shall cause written particulars of the flight, and the reasons for making it, to be given to the Chief Executive within ten days thereafter.

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 2 730 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.

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 2 730 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 either generally or in relation to a class of aircraft or one particular aircraft.

Neither:

shall be installed or placed on board for use in an aircraft 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.

A certificate of release to service shall:

A certificate of release to service may be issued for the purposes of this Article only by:

Notwithstanding paragraph (6) of this Article, a certificate of release to service issued under a maintenance arrangement made by the Chief Executive with a civil aviation authority shall be deemed to be a certificate of release to service issued for the purposes of this Article. (L.N. 77 of 2008)

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.

(Repealed L.N. 77 of 2008)

The Chief Executive shall grant an aircraft maintenance licence, 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. (L.N. 77 of 2008)

An aircraft maintenance licence shall authorise the holder, subject to such conditions as may be specified in the licence, to exercise the following privileges— (L.N. 77 of 2008)

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.

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.

An aircraft maintenance licence granted under this Article shall not be valid unless it bears the ordinary signature of the holder of the licence in ink. (L.N. 77 of 2008)

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:

The holder of an aircraft maintenance licence—

The holder of an aircraft maintenance licence shall not engage in the use of psychoactive substances in a way that—

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.

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. (E.R. 5 of 2022)

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.

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.

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 notice relevant to the aircraft in question containing pictorial:

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.

Without prejudice to paragraph (2) of this Article, all navigational equipment (other than radio apparatus) of any of the following types, namely:

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.

This Article shall not apply in relation to radio apparatus except that specified in Schedule 5 to this Order.

An aircraft shall not fly unless it is so equipped with radio and radio navigation equipment—

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.

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)

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.

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)

The Chief Executive may, in respect of any aircraft or class of aircraft registered in Hong Kong, grant a permission permitting such aircraft to commence a flight in specified circumstances.

An aircraft registered in Hong Kong shall not commence a flight if any of the equipment required by or under this Order to be carried in the circumstances of the intended flight is not carried or is not in a fit condition for use unless—

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:

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 2 730 kg shall be of a type approved by the Chief Executive. (36 of 1999 s. 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.

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.

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.

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.

Upon the aircraft being weighed as aforesaid the operator of the aircraft shall prepare a weight schedule showing:

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.

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.

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.

An aircraft registered in Hong Kong engaged on a flight for the purpose of public transport shall carry:

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. (L.N. 77 of 2008)

(Repealed L.N. 77 of 2008)

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.

Provided that the number of members of the cabin crew calculated in accordance with this subparagraph 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. (L.N. 77 of 2008)

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 members of the cabin crew required to be carried therein by the foregoing provisions of this Article such additional persons as members of the cabin crew as he may specify in the direction. (L.N. 77 of 2008)

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 12° 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 subparagraph (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; (e)subject to Article 20(8) of this Order, act as pilot in command of a balloon if—(i)he is the holder of an appropriate licence granted or rendered valid under this Order in all respects and he has not within the immediately preceding 13 months carried out as pilot in command in a balloon at least 5 flights each of not less than 5 minutes duration;(ii)he so acts in accordance with instructions given by a person authorized by the Chief Executive to supervise flying in the type of balloon being flown;(iii)no person other than that specified in subparagraph (ii) is carried; and(iv)the balloon 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. (L.N. 77 of 2008)

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 outside Hong Kong unless— (L.N. 77 of 2008)

(Repealed L.N. 77 of 2008)

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:

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 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.

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 the Chinese People’s Liberation Army. (2 of 2012 s. 3)

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.

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:

Notwithstanding anything in this Article—

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.

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.

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.

A person who, on the last occasion when he took a test for the purposes of paragraph (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. (E.R. 5 of 2022)

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 5 700 kg when, with the permission of the Chief Executive, he is testing any person for the purposes of paragraph (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. (E.R. 5 of 2022)

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.

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—

The Chief Executive may include in a licence granted under Article 20 of this Order an endorsement in respect of language proficiency, subject to such conditions as he thinks fit, on his being satisfied that the licence holder has demonstrated the ability to speak and understand the language used for radiotelephony communications.

The endorsement shall be valid for the period specified in the licence.

A person shall not act as a member of the flight crew of an aircraft registered in Hong Kong in or over a place outside Hong Kong unless his licence bears a valid language proficiency endorsement and the conditions subject to which the endorsement was made are complied with.

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— (L.N. 77 of 2008)

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—

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.

Particulars of any test or examination undertaken whilst in a flight simulator shall be recorded in the log book, including—

A person shall not give any instruction in flying to which this Article applies unless—

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—

Provided that this Article shall not apply to any instruction in 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 the Chinese People’s Liberation Army, to act as pilot of multi-engined aircraft, or of an aircraft of that class as the case may be. (L.N. 77 of 2008; 2 of 2012 s. 3)

This Article shall apply to public transport aircraft registered in Hong Kong except aircraft whose maximum total weight authorized does not exceed 2 730 kg and which are used for the time being solely for flights not intended to exceed 60 minutes in duration, which are either—

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.

The operator of every aircraft registered in Hong Kong and flying for the purpose of public transport shall:

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.

The operator of an aircraft registered in Hong Kong shall not permit the aircraft to fly for the purpose of public transport without first—

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.

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 or cargo, to simulate emergency manoeuvres and procedures which the operator has reason to believe will adversely affect the flight characteristics of the aircraft.

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—

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 1 150 kg; or (b)the aircraft’s maximum total weight authorised does not exceed 2 730 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 3 000 kg and the total seating capacity of which does not exceed five persons.

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.

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 pilot in command of the aircraft) submit the load sheet for examination by the pilot in command 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 pilot in command 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. (L.N. 77 of 2008)

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 2 730 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)

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)

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.

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 pilot in command of the aircraft. (L.N. 77 of 2008)

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—

to reach a place at which it can safely land at a height sufficient to enable it to do so.

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.

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 beyond 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; L.N. 77 of 2008)

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 A1 or A2 shall not fly over water for the purpose of public transport beyond a distance from land corresponding to more than 10 minutes at its normal cruise speed unless it is equipped with apparatus approved by the Chief Executive enabling it to land safely on water. (36 of 1999 s. 3; L.N. 77 of 2008)

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:— (E.R. 5 of 2022)

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.

In establishing aerodrome operating minima for the purposes of this Article the operator of the aircraft shall take into account the following matters—

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.

An aircraft to which Article 25 of this Order applies shall not commence a flight at a time when—

Without prejudice to paragraph (5A) of this Article, an aircraft to which Article 25 of this Order applies, when making an instrument approach to an aerodrome—

Unless the specified visual reference for landing is established and maintained, an aircraft to which Article 25 of this Order applies shall not continue its approach to land at an aerodrome below—

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 unit to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the pilot in command of the aircraft shall select prior to take-off an alternate aerodrome unless no aerodrome suitable for that purpose is available.

A public transport aircraft registered outside 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; L.N. 77 of 2008)

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.

Without prejudice to paragraph (3A) of this Article, a public transport aircraft registered outside Hong Kong, when making an instrument approach to an aerodrome—

Unless the specified visual reference for landing is established and maintained, a public transport aircraft registered outside Hong Kong shall not continue its approach to land at an aerodrome below—

This Article shall apply to any aircraft which is not a public transport aircraft.

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 1 000 feet or more above the aerodrome to a height of less than 1 000 feet above the aerodrome if the relevant runway visual range for that runway is at the time less than the specified minimum for landing.

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:

unless in either case the specified visual reference for landing is established from such height and is maintained.

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;

either—

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;

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;

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;

in the case of an airship or balloon, that sufficient ballast is carried for the intended flight;

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;

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.

The pilot in command 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 pilot in command 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 public transport, the pilot in command shall remain at the controls during take-off and landing. (L.N. 77 of 2008)

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.

This Article applies to flights for the purpose of the public transport of passengers by aircraft registered in Hong Kong.

In relation to every flight to which this Article applies the pilot in command of the aircraft shall— (L.N. 77 of 2008)

The radio station in an aircraft shall not be operated, whether or not the aircraft is in flight, except—

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.

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.

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:

(Repealed L.N. 77 of 2008)

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.

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 the aircraft is equipped with navigation systems which enable the aircraft to maintain the navigation performance capability prescribed under that Regulation. (36 of 1999 s. 3; L.N. 77 of 2008)

The equipment that forms part of the navigation systems referred to in paragraph (1) of this Article shall—

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. (L.N. 77 of 2008)

An aircraft registered in Hong Kong shall not fly in designated required navigation performance airspace unless the aircraft is equipped with area navigation equipment that complies with paragraph (2) of this Article.

The equipment shall—

An aircraft registered in Hong Kong that is not equipped with area navigation equipment that complies with paragraph (2) of this Article may fly in designated required navigation performance airspace only if the flight has been authorized by the appropriate air traffic control unit and the aircraft complies with the instructions given by the unit.

An aircraft registered outside Hong Kong shall not, if the law of the country in which the aircraft is registered requires the aircraft to be equipped with area navigation equipment that complies with paragraph (2) of this Article when flying within designated required navigation performance airspace, fly in designated required navigation performance airspace in Hong Kong unless the aircraft is so equipped.

The equipment shall—

An aircraft registered outside Hong Kong that is not equipped with area navigation equipment that complies with paragraph (2) of this Article may fly in designated required navigation performance airspace in Hong Kong only if the flight has been authorized by the appropriate air traffic control unit of Hong Kong and the aircraft complies with the instructions given by the unit.

Unless authorized by the appropriate air traffic control unit, an aircraft registered in Hong Kong shall not fly in reduced vertical separation minimum airspace notified for the purposes of this Article unless the aircraft is equipped with height keeping systems that comply with paragraph (2) of this Article and that enable the aircraft to maintain the height keeping performance capability specified in Schedule 15 to this Order.

The equipment that forms part of the height keeping systems referred to in paragraph (1) of this Article shall—

An aircraft registered outside Hong Kong shall not, if the law of the country in which the aircraft is registered requires the aircraft to be equipped with height keeping systems that comply with paragraph (2) of this Article when flying in any specified area, fly in Hong Kong reduced vertical separation minimum airspace unless the aircraft is so equipped.

The equipment that forms part of the height keeping systems referred to in paragraph (1) of this Article shall—

An aircraft registered outside Hong Kong that is not equipped with height keeping systems that comply with paragraph (2) of this Article may fly in Hong Kong reduced vertical separation minimum airspace only if the flight has been authorized by the appropriate air traffic control unit of Hong Kong and the aircraft complies with the instructions given by the unit.

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 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. (E.R. 5 of 2022)

The operator of the aeroplane shall at all times, subject to the provisions of Article 61 of this Order, preserve:

and shall preserve such records for such period as the Chief Executive may in a particular case direct.

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.

The operator of the helicopter shall at all times, subject to Article 61 of this Order, preserve:

The additional recording retained pursuant to subparagraph (b)(ii)(aa) and (bb) of paragraph (4) above shall, together with the required recording, total a period of 10 hours and shall be retained in accordance with arrangements approved by the Chief Executive. (L.N. 77 of 2008; E.R. 5 of 2022)

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.

A flight recorder shall be deactivated on completion of flight time following an accident, or a serious incident, within the meaning of the Hong Kong Civil Aviation (Investigation of Accidents) Regulations (Cap. 448 sub. leg. B). (L.N. 77 of 2008; L.N. 116 of 2017)

A flight recorder deactivated pursuant to paragraph (7) of this Article shall not be reactivated before its disposition as determined by the investigation authority of the state conducting the investigation of the accident or serious incident. (L.N. 77 of 2008; L.N. 116 of 2017)

If an aircraft becomes involved in an accident, or a serious incident, as referred to in paragraph (7) of this Article, the operator or pilot in command of the aircraft shall, to the extent possible, ensure that all related flight recorder records and if necessary, the associated flight recorders are preserved and retained in safe custody pending their disposition. (L.N. 77 of 2008; L.N. 116 of 2017)

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— (L.N. 77 of 2008)

includes an express provision that it may be used for that purpose. (L.N. 77 of 2008)

The length of the combination of towing aircraft, tow rope and glider in flight shall not exceed 150 metres.

The pilot in command of an aircraft which is about to tow a glider shall satisfy himself, before the towing aircraft takes off— (L.N. 77 of 2008)

The glider shall be attached to the towing aircraft by means of the tow rope before the aircraft takes off.

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 the aircraft under the law of— (L.N. 77 of 2008)

includes an express provision that it may be used for that purpose. (L.N. 77 of 2008)

An aircraft shall not launch or pick up tow ropes, banners or similar articles other than at an aerodrome.

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.

The length of the combination of towing aircraft, tow rope, and article in tow, shall not exceed 150 metres.

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.

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.

Nothing in this Article shall—

Articles and animals (whether or not attached to a parachute) shall not be dropped, or permitted to drop, from an aircraft in flight so as to endanger persons or property.

Except under and in accordance with the terms of an aerial application certificate granted under Article 42 of this Order articles and animals (whether or not attached to a parachute) shall not be dropped or permitted to drop, to the surface from an aircraft flying over Hong Kong: Provided that this paragraph shall not apply to the dropping of articles by, or with the authority of, the pilot in command of the aircraft in any of the following circumstances: (a)the dropping of articles for the purpose of— (L.N. 77 of 2008)(i)fire fighting or prevention;(ii)life-saving or law enforcement operation; or(iii)the training of the personnel engaged in the activities referred to in sub-subparagraph (i) or (ii) of this subparagraph; (b)the jettisoning, in case of emergency, of fuel or other articles in the aircraft; (c)the dropping of ballast in the form of fine sand or water; (d)the dropping of articles solely for the purpose of navigating the aircraft in accordance with ordinary practice or with the provisions of this Order; (e)the dropping at an aerodrome of tow ropes, banners, or similar articles towed by aircraft; (f)the dropping of articles for the purposes of public health or as a measure against weather conditions, surface icing or oil pollution, or for training for the dropping of articles for any such purposes, if the articles are dropped with the permission of the Chief Executive and in accordance with any conditions subject to which that permission may have been given; (36 of 1999 s. 3) (g)the dropping of wind drift indicators for the purpose of enabling parachute descents to be made if the wind drift indicators are dropped with the permission of the Chief Executive and in accordance with any conditions subject to which that permission may have been given. (36 of 1999 s. 3)

Nothing in this Article shall prohibit the lowering of any animal or article from a helicopter to the surface, if the certificate of airworthiness issued or rendered valid in respect of the helicopter under the law of— (L.N. 77 of 2008)

includes an express provision that it may be used for that purpose.

A person shall not drop, be dropped or permitted to drop to the surface or jump from an aircraft flying over Hong Kong except under and in accordance with the terms of a written permission granted by the Chief Executive under this Article. (36 of 1999 s. 3)

Notwithstanding the grant of a permission under paragraph (1) of this Article, a person shall not drop, be dropped or be permitted to drop from an aircraft in flight so as to endanger persons or property.

An aircraft shall not be used for the purpose of dropping persons unless the certificate of airworthiness issued or rendered valid in respect of the aircraft under the law of— (L.N. 77 of 2008)

includes an express provision that it may be used for that purpose and the aircraft is operated in accordance with the written permission granted by the Chief Executive under this Article. (36 of 1999 s. 3; L.N. 77 of 2008)

Every applicant for and every holder of a permission shall make available to the Chief Executive if requested to do so a parachuting manual and shall make such amendments or additions to such manual as the Chief Executive may require. The holder of a permission shall make available to every employee or person who is engaged or may engage in parachuting activities conducted by him the manual which shall contain all such information and instructions as may be necessary to enable such employees or persons to perform their duties. (36 of 1999 s. 3)

Nothing in this Article shall apply to the descent of persons by parachute from an aircraft in an emergency.

Nothing in this Article shall prohibit the lowering of any person in an emergency or for the purpose of— (L.N. 77 of 2008)

Nothing in this Article shall prohibit the lowering of any person from a helicopter to the surface, if the certificate of airworthiness issued or rendered valid in respect of the helicopter under the law of— (L.N. 77 of 2008)

includes an express provision that it may be used for that purpose. (L.N. 77 of 2008)

An aircraft shall not be used for the dropping of articles for the purposes of agriculture, horticulture or forestry or for training for the dropping of articles for any of such purposes, otherwise than under and in accordance with the terms of an aerial application certificate granted to the operator of the aircraft under paragraph (2) of this Article.

The Chief Executive may grant to any person applying therefor an aerial application certificate if he is satisfied that that person is a fit person to hold the certificate and is competent, having regard in particular to his previous conduct and experience, his equipment, organisation, staffing and other arrangements, to secure the safe operation of the aircraft specified in the certificate on flights for the purposes specified in paragraph (1) of this Article. The certificate may be granted subject to such conditions as the Chief Executive thinks fit including, without prejudice to the generality of the foregoing, conditions for ensuring that the aircraft and any article dropped from it do not endanger persons or property in the aircraft or elsewhere, and shall, subject to the provisions of Article 62 of this Order, remain in force for the period specified in the certificate.

Every applicant for and the holder of an aerial application certificate shall make available to the Chief Executive upon application and to every member of his operating staff upon the certificate being granted an aerial application manual which shall contain all such information and instructions as may be necessary to enable the operating staff to perform their duties as such. The holder of a certificate shall make such amendments of or additions to the manual as the Chief Executive may require.

An aircraft shall not carry any munition of war unless:

Notwithstanding paragraph (1) of this Article it shall be unlawful for an aircraft to carry any weapon or munition of war in any compartment or apparatus to which passengers have access.

It shall be unlawful for a person to carry or have in his possession or take or cause to be taken on board an aircraft, to suspend or cause to be suspended beneath an aircraft or to deliver or cause to be delivered for carriage thereon any weapon or munition of war unless—

Nothing in this Article shall apply to any weapon or munition of war taken or carried on board an aircraft registered outside Hong Kong, if the weapon or munition of war, as the case may be, may under the law of the country in which the aircraft is registered be lawfully taken or carried on board for the purpose of ensuring the safety of the aircraft or of persons on board. (L.N. 77 of 2008)

It shall be an offence to contravene or permit the contravention of or fail to comply with any of the regulations set out in Schedule 16 to this Order: Provided that the Chief Executive may make regulations which supplement, amend or replace the regulations set out in the said Schedule 16, and which prescribe— (36 of 1999 s. 3) (a)the classification of certain articles and substances as dangerous goods; (b)the categories of dangerous goods which an aircraft may not carry; (c)the conditions which apply to the loading on, suspension beneath and carriage by an aircraft of dangerous goods; (d)the manner in which dangerous goods must be packed, marked, labelled and consigned before being loaded on, suspended beneath or carried by an aircraft; (e)any other provisions for securing the safety of aircraft and any apparatus attached thereto, and the safety of persons and property on the surface in relation to the loading on, suspension beneath or carriage by an aircraft of dangerous goods; (f)the persons to whom information about the carriage of dangerous goods must be provided; (g)the documents relating to the carriage by an aircraft of dangerous goods which must be produced to the Chief Executive or an authorized person on request. (36 of 1999 s. 3)

The provisions of paragraph (1) of this Article shall be without prejudice to any other provisions of this Order; and the provisions of paragraph (1) of this Article, of Schedule 16 to this Order and of any regulations supplementing, amending or replacing the regulations set out in the said Schedule 16 shall be additional to and not in derogation from the provisions of Article 43 of this Order.

This Article shall apply to every public transport aircraft registered in Hong Kong.

Whenever an aircraft to which this Article applies is carrying passengers, every exit therefrom and every internal door in the aircraft shall be in working order, and during take-off and landing and during any emergency, every such exit and door shall be kept free of obstruction and shall not be fastened by locking or otherwise so as to prevent, hinder or delay its use by passengers: Provided that— (a)an exit may be obstructed by cargo if it is an exit which, in accordance with arrangements approved by the Chief Executive either generally or in relation to a class of aircraft or a particular aircraft, is not required for use by passengers; (36 of 1999 s. 3) (b)a door between the flight crew compartment and any adjacent compartment to which passengers have access may be locked or bolted if the pilot in command of the aircraft so determines, for the purpose of preventing access by passengers to the flight crew compartment; and (L.N. 77 of 2008) (c)nothing in this paragraph shall apply to any internal door which is so placed that it cannot prevent, hinder or delay the exit of passengers from the aircraft in an emergency if it is not in working order.

Every exit from the aircraft shall be marked with the words “Exit” or “Emergency Exit” in English in capital letters and “出口” or “緊急出口” (as the case may be) in Chinese. (36 of 1999 s. 3)

Provided that this paragraph shall not apply to helicopters.

On every flight by an aircraft to which this Article applies, being an aircraft of which the maximum total weight authorised exceeds 5 700 kg, every exit from such an aircraft intended to be used by passengers in an emergency shall be marked upon the exterior of the aircraft by a band not less than 5 centimetres in width outlining the exit.

The markings required by this Article shall—

If one, but not more than one, exit from an aircraft becomes inoperative at a place where it is not reasonably practicable for it to be repaired or replaced, nothing in this Article shall prevent that aircraft from carrying passengers until it next lands at a place where the exit can be repaired or replaced: Provided that— (a)the number of passengers carried and the position of the seats which they occupy is in accordance with arrangements approved by the Chief Executive either in relation to the particular aircraft or to a class of aircraft; and (36 of 1999 s. 3) (b)in accordance with arrangements so approved, the exit is fastened by locking or otherwise, the words “Exit” and “出口” or “Emergency Exit” and “緊急出口” are covered, and the exit is marked by a red disc at least 23 centimetres in diameter with a horizontal white bar across it bearing the words “No Exit” in red letters and “非供出口用” in red characters. (36 of 1999 s. 3; L.N. 77 of 2008)

A person shall not embark on an aircraft when under the influence of psychoactive substances, or be under the influence of psychoactive substances on board an aircraft, to such an extent as to jeopardize, or be likely to jeopardize—

A person shall not, when acting as a member of the crew of any aircraft or being carried in any aircraft for the purpose of so acting, be under the influence of psychoactive substances to such an extent as to impair his capacity so to act. (L.N. 77 of 2008)

A holder of a licence granted under this Order authorizing the holder to act as a member of the crew of an aircraft shall not engage in the use of psychoactive substances in a way that—

Notices indicating when smoking is prohibited shall be exhibited in every aircraft registered in Hong Kong so as to be visible from each passenger seat therein.

(Repealed L.N. 77 of 2008)

Articles 54 and 55 of this Order apply in relation to any aircraft registered in Hong Kong which is either:—

Provided that the said Articles shall not apply in relation to a flight made only for the purpose of instruction in flying given by or on behalf of a flying club or flying school, or a person who is not an air transport undertaking.

In this Part of this Order, the following expressions shall, except where the context otherwise requires, have the meanings hereby respectively assigned to them, that is to say—

For the purposes of this Part of the Order, 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.

The operator of an aircraft to which this Article applies shall not cause or permit that aircraft to make a flight unless:

The operator of an aircraft to which this Article applies shall not cause or permit any person to fly therein as a member of its crew if he knows or has reason to believe that that person is suffering from, or, having regard to the circumstances of the flight to be undertaken, is likely to suffer from, such fatigue while he is so flying as may endanger the safety of the aircraft or of its occupants.

The operator of an aircraft to which this Article applies shall not cause or permit any person to fly therein as a member of its flight crew unless the operator has in his possession an accurate and up-to-date record in respect of that person and in respect of the 28 days immediately preceding the flight showing—

The record referred to in paragraph (3) of this Article shall, subject to the provisions of Article 61, be preserved by the operator of the aircraft until a date 12 months after the flight referred to in that paragraph.

A person shall not act as a member of the crew of an aircraft to which this Article applies if he knows or reasonably suspects that he is suffering from, or, having regard to the circumstances of the flight to be undertaken, is likely to suffer from, such fatigue as may endanger the safety of the aircraft or of its occupants. (L.N. 77 of 2008)

A person shall not act as a member of the flight crew of an aircraft to which this Article applies unless he has ensured that the operator of the aircraft is aware of his flight times during the period of 28 days preceding the flight.

An aircraft shall not fly unless it carries the documents which it is required to carry under the law of the country in which it is registered.

An aircraft registered in Hong Kong shall, when in flight, carry documents in accordance with Schedule 12 to this Order: Provided that, if the flight is intended to begin and end at the same aerodrome and does not include passage over the territory of any country other than Hong Kong, the documents may be kept at that aerodrome instead of being carried in the aircraft.

The operator of a public transport aircraft registered in Hong Kong shall, in respect of any flight by that aircraft during which it may fly at an altitude of more than 49 000 feet, keep a record of the total dose of cosmic radiation to which the aircraft is exposed during the flight together with the names of the members of the crew of the aircraft during the flight, unless the Chief Executive otherwise directs. (L.N. 77 of 2008)

The operator of a public transport aircraft registered in Hong Kong shall, in respect of any flight by the aircraft during which it may fly at an altitude of more than 26 000 feet, keep a record of the total dose of cosmic radiation to which the members of the crew of the aircraft are exposed during the flight and of the names of such members so that the total cosmic radiation dose received by each member of the crew over a period of 12 consecutive months can be determined, unless the Chief Executive otherwise directs. (L.N. 77 of 2008)

The pilot in command of an aircraft shall, within a reasonable time after being requested to do so by an authorized person, cause to be produced to that person— (L.N. 77 of 2008)

The operator of an aircraft registered in Hong Kong shall, within a reasonable time after being requested to do so by an authorized person, cause to be produced to that person such of the following documents or records as may have been requested by that person being documents or records which are required, by or under this Order, to be in force or to be carried, preserved or made available:

Every person required by Article 22 of this Order to keep a personal flying log book shall cause it to be produced within a reasonable time to an authorized person after being requested to do so by him within two years after the date of the last entry therein.

Subject to paragraph (4) of this Article, the Chief Executive may, if he thinks fit, provisionally suspend or vary any certificate, licence, approval, permission, exemption, authorization or other document issued, granted or having effect under this Order, pending inquiry into or consideration of the case. The Chief Executive may, on sufficient ground being shown to his satisfaction after due inquiry, revoke, suspend or vary any such certificate, licence, approval, permission, exemption, authorisation or other document. (L.N. 77 of 2008)

The holder or any person having the possession or custody of any certificate, licence, approval, permission, exemption or other document which has been revoked, suspended or varied under this Order shall surrender it to the Chief Executive within a reasonable time after being required to do so by him.

The breach of any condition subject to which any certificate, licence, approval, permission, exemption or other document, other than a licence issued in respect of an aerodrome, has been granted or issued, or which has effect under this Order shall, in the absence of provision to the contrary in the document, render the document invalid during the continuance of the breach.

Notwithstanding paragraph (1) of this Article, a flight manual, performance schedule or other document incorporated by reference in the certificate of airworthiness may be varied on sufficient ground being shown to the satisfaction of the Chief Executive, whether or not after due inquiry.

A person shall not with intent to deceive—

and in this paragraph a reference to a certificate, licence, approval, permission, exemption or other document includes a copy or purported copy thereof.

A person shall not intentionally damage, alter or render illegible any log book or other record required by or under this Order to be maintained or any entry made therein, or knowingly make, or procure or assist in the making of, any false entry in or material omission from any such log book or record or destroy any such log book or record during the period from which it is required under this Order to be preserved.

All entries made in writing in any log book or record referred to in paragraph (2) of this Article shall be made in ink or indelible pencil.

A person shall not knowingly make in a load sheet any entry which is incorrect in any material particular, or any material omission from such a load sheet.

A person shall not purport to issue any certificate for the purposes of this Order or the regulations made thereunder unless he is authorized to do so under this Order.

A person shall not issue any such certificate as aforesaid unless he has satisfied himself that all statements in the certificate are correct.

The Chief Executive may make rules of the air supplementary to, but not inconsistent with, the Rules of the Air contained in Schedule 14 to this Order. (36 of 1999 s. 3)

Subject to the provisions of paragraph (3) of this Article, it shall be an offence to contravene, to permit the contravention of, or to fail to comply with, the Rules of the Air contained in Schedule 14 to this Order.

It shall be lawful for the Rules of the Air to be departed from to the extent necessary—

If any departure from the Rules of the Air is made for the purpose of avoiding immediate danger, the pilot in command of the aircraft shall cause written particulars of the departure, and of the circumstances giving rise to it, to be given within 10 days thereafter to the competent authority of the country in whose territory the departure was made or if the departure was made over the high seas, to the Chief Executive. (36 of 1999 s. 3; L.N. 77 of 2008)

Nothing in the Rules of the Air shall exonerate any person from the consequences of any neglect in the use of lights or signals or of the neglect of any precautions required by ordinary aviation practice or by the special circumstances of the case.

No person shall provide an air traffic service otherwise than under and in accordance with the terms of an approval granted to him by the Chief Executive, and the Chief Executive shall grant an approval to any person applying therefor if he is satisfied that the person is competent, having regard to his organization, staffing, equipment, maintenance and other arrangements, to provide a service which is safe for use by aircraft.

The person in charge of an aerodrome (other than a Government aerodrome) in respect of which there is equipment for providing holding aid, let-down aid or approach aid by radio or air traffic service surveillance system shall: (L.N. 77 of 2008)

The Chief Executive may direct that there shall be provided in respect of any aerodrome (other than a Government aerodrome) such air traffic control service, flight information service or means of two-way radio communication as the Chief Executive considers appropriate in respect thereof. The Chief Executive may specify in his direction the periods during and the times at which such a service or such means shall be provided and the person in charge of the aerodrome shall cause such a service or such means to be provided in accordance with any such direction. (L.N. 77 of 2008)

Obligations to cause an air traffic control service to be provided arising under paragraph (2) or (3) are without prejudice to each other. (E.R. 5 of 2022)

The Chief Executive may grant a licence subject to such conditions as he thinks fit to any person to act as an air traffic controller or a student air traffic controller 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, language ability, and physical and mental fitness so to act, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests (including in particular medical examinations) as the Chief Executive may require of him: Provided that the Chief Executive shall not grant— (a)a student air traffic controller’s licence to a person under the age of 21 years; or (b)an air traffic controller’s licence which includes ratings of classes as set out in Schedule 10 to this Order to a person under the age of 21 years. (c)(Repealed L.N. 77 of 2008)

Every licence to act as an air traffic controller shall include (a) ratings of one or more of the classes set forth in Schedule 10 to this Order specifying the type of air traffic control service which the holder of the licence is competent to provide, (b) a list of the places at which, and (c) the type of air traffic service surveillance system, if any, with the aid of which he may provide the service. If throughout any period of 90 days the holder of the licence has not at any time provided at a particular place the type of air traffic control service specified in the rating, the rating shall, without prejudice to the Chief Executive’s powers under Article 62 of this Order, cease to be valid for that place at the end of that period, and upon a rating ceasing to be valid for a place the holder of the licence shall forthwith inform the Chief Executive to that effect and shall forward the licence to the Chief Executive to enable it to be endorsed accordingly.

Every licence to act as a student air traffic controller shall be valid only for the purpose of authorizing the holder to provide air traffic control service under the supervision of another person who is present at the time and is the holder of a valid air traffic controller’s licence which includes a rating specifying the type of air traffic control service which is being provided by the student air traffic controller and valid at the place in question.

(Repealed L.N. 77 of 2008)

A licence to act as an air traffic controller or a student air traffic controller shall not be valid unless it bears the ordinary signature of the holder of the licence in ink.

Subject to the provisions of Article 62 of this Order, a licence to act as an air traffic controller or a student air traffic controller shall remain in force for the period indicated in the licence and 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. If no period is indicated in the licence, it shall remain in force, subject as aforesaid, for the lifetime of the holder.

Every applicant for and holder of an air traffic controller’s licence or a student air traffic controller’s licence shall upon such occasions as the Chief Executive may require—

(Repealed L.N. 77 of 2008)

On the basis of the medical examination referred to in paragraph (7) of this Article, the Chief Executive or any person approved by him as competent to do so may issue a medical certificate subject to such conditions as he thinks fit to the effect that the holder of the licence has been assessed as fit to perform the functions to which the licence relates. The certificate shall, without prejudice to Article 68 of this Order, be valid for such period as is therein specified, and shall be deemed to form part of the licence.

The Chief Executive may include in a licence granted under this Article an endorsement in respect of language proficiency, subject to such conditions as he thinks fit, on his being satisfied that the licence holder has demonstrated the ability to speak and understand the language used for radiotelephony communications in the provision of air traffic control service or flight information service. (L.N. 77 of 2008)

The endorsement referred to in paragraph (9A) of this Article shall be valid for the period specified in the licence. (L.N. 77 of 2008)

The holder of an air traffic controller’s licence or student air traffic controller’s licence shall not provide any type of air traffic control service or flight information service at any such aerodrome or place as is referred to in Article 66(1) of this Order unless his licence— (L.N. 77 of 2008)

A person shall not provide at any place any type of air traffic control service or flight information service or hold himself out, whether by use of a radio call sign or in any other way, as a person who may provide any type of air traffic service or flight information service unless:

Provided that a licence shall not be required by any person who acts in the course of his duty as a member of the Chinese People’s Liberation Army. (2 of 2012 s. 3)

The holder of an air traffic controller’s licence shall not be entitled to perform any of the functions specified in Schedule 10 to this Order in respect of a rating at any place unless:

A person shall not provide any type of air traffic control service or flight information service unless he identifies himself in such a manner as may be notified.

(Repealed L.N. 77 of 2008)

Nothing in this Article shall prohibit the holder of a valid air traffic controller’s licence from providing at any place for which the licence includes a valid rating, information to aircraft in flight in the interests of safety.

Nothing in this Article shall prohibit a person approved by an authorized person for the purposes of this paragraph from relaying any air traffic control instruction or flight information when directed to do so by a holder of a valid air traffic controller’s licence with the appropriate rating which entitles the holder to give the instruction or information, as the case may be. (L.N. 77 of 2008)

A person who provides an air traffic service in Hong Kong with the approval of the Chief Executive under Article 64A of this Order shall issue and maintain an up-to-date manual of air traffic control.

If the Chief Executive so requires, the manual of air traffic control referred to in paragraph (1) of this Article shall be amended and produced to the Chief Executive.

An air traffic controller and a student air traffic controller shall, when providing an air traffic control service or a flight information service, comply with the standards and procedures specified in the manual of air traffic control referred to in paragraph (1) of this Article.

Every holder of an air traffic controller’s licence granted under Article 65 of this Order who—

shall inform the Chief Executive in writing of such injury, illness or pregnancy as soon as possible.

An air traffic controller’s licence shall be deemed to be suspended upon the elapse of such period of injury or illness as is referred to in paragraph (1)(a) of this Article. The suspension of the licence shall cease:

The holder of an air traffic controller’s licence who has reason to believe that she is pregnant shall not be entitled to exercise the privileges of her licence and ratings unless—

The holder of an air traffic controller’s licence shall not, after her confinement or the termination of her pregnancy, be entitled to exercise the privileges of her licence and ratings until she has undergone the medical examination referred to in paragraph (3)(b) of this Article and the result of the examination shows that she is able to safely exercise those privileges. (L.N. 77 of 2008)

The holder of an air traffic controller’s licence—

The holder of an air traffic controller’s licence shall not engage in the use of psychoactive substances in a way that—

If the pilot in command of an aircraft becomes aware that the aircraft is flying in contravention of any regulations which have been made for any of the reasons referred to in paragraph (1)(a)(iii) of this Article he shall unless otherwise instructed pursuant to paragraph (3) of this Article cause the aircraft to leave the area to which the regulations relate by flying to the least possible extent over such area and the aircraft shall not begin to descend while over such an area. (L.N. 77 of 2008)

The pilot in command of an aircraft flying either within an area for which regulations have been made for any of the reasons referred to in paragraph (1)(a)(iii) of this Article or within airspace notified as a Danger Area shall forthwith comply with instructions given by radio or by one of the prescribed visual signals by the appropriate air traffic control unit or by, or on behalf of, the person responsible for safety within the relevant airspace. (L.N. 77 of 2008)

No regulations may be made under paragraph (1)(a) of this Article prohibiting flight by any aircraft in any airspace over Hong Kong—

except on an instruction of the Central People’s Government issued as described in paragraph (5) of this Article. (66 of 1997 s. 13; 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— (2 of 2012 s. 3)

then the Chief Executive shall comply with that instruction. (66 of 1997 s. 13; 2 of 2012 s. 3)

Within Hong Kong—

without the permission in writing of the Chief Executive and in accordance with any conditions subject to which that permission may be granted. (36 of 1999 s. 3)

A captive balloon when not in flight shall be securely moored, shall not be left unattended and shall be fitted with a device which ensures its automatic deflation if it breaks free of its moorings.

An aircraft to which this paragraph applies shall not take off or land at a place in Hong Kong other than— (E.R. 5 of 2022)

and in accordance with any condition subject to which the aerodrome may have been so licensed or notified, or subject to which such permission may have been given.

Paragraph (1) of this Article applies to—

The Chief Executive may grant to any person applying therefor a licence in respect of any aerodrome in Hong Kong if he is satisfied that— (36 of 1999 s. 3)

An aerodrome licence 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 licence. (36 of 1999 s. 3)

Without prejudice to the generality of paragraph (2) of this Article, the Chief Executive may grant a licence (in this Order referred to as a licence for public use) which shall be subject to the condition that the aerodrome shall at all times when it is available for the take-off or landing of aircraft be so available to all persons on equal terms and conditions. (36 of 1999 s. 3)

The holder of an aerodrome licence granted under this Order (in this Article called an aerodrome licence holder) shall—

An aerodrome licence holder shall not contravene or cause or permit to be contravened any condition of the aerodrome licence at any time in relation to such aircraft engaged on such flights as are specified in Article 71(2) of this Order, but the licence shall not cease to be valid by reason only of such a contravention.

An aerodrome licence holder shall take all reasonable steps to secure that the aerodrome and the airspace within which its visual traffic pattern is normally contained are safe at all times for use by aircraft.

An aerodrome manual required pursuant to this Article shall contain all such information and instructions as may be necessary to enable the aerodrome operating staff to perform their duties as such including, in particular, information and instructions relating to the matters specified in Schedule 4 to this Order.

Every aerodrome licence holder shall:

For the purposes of this Article:

A person shall not cause or permit any aeronautical radio station to be established or used unless its purpose has been approved by the Chief Executive and the equipment thereof is of a type the specification of which is approved by the Chief Executive in relation to the purpose for which it is to be used.

The person in charge of an aeronautical radio station the purpose of which is to provide navigational aid by radio or air traffic service surveillance system to an aircraft making an approach to land or landing at an aerodrome shall not cause or permit that aeronautical radio station to provide such navigational aid unless all aeronautical radio stations operated by that person at that aerodrome are:

Provided that the provisions of this paragraph shall not apply to any aeronautical radio station which is used solely for the purpose of enabling communications to be made by or on behalf of the operator and the pilot in command of an aircraft. (L.N. 77 of 2008)

The person in charge of an aeronautical radio station at an aerodrome for which a licence for public use has been granted shall cause to be notified in relation to that aeronautical radio station the type and hours of operation of any service which is available for use by any aircraft, and in approving the purpose for which an aeronautical radio station is to be used at any other aerodrome the Chief Executive may if he thinks fit require the person in charge of the aeronautical radio station to cause such information as aforesaid to be notified.

The provisions of this Article shall not apply in respect of any aeronautical radio station of which the person in charge is the Chief Executive.

The person in charge of any aeronautical radio station the purpose of which is to provide navigational aid by radio or air traffic service surveillance system to an aircraft making an approach to land or landing at an aerodrome shall in respect of all aeronautical radio stations operated by him at that aerodrome: (L.N. 77 of 2008)

The person in charge of an aeronautical radio station which is used for the provision of an air traffic control service by an air traffic control unit shall provide apparatus which is capable of recording the terms of content of any radio message or signal transmitted to any aircraft either alone or in common with other aircraft or received from any aircraft by the air traffic control unit.

The apparatus provided in compliance with paragraph (2) of this Article shall be:

The person in charge of an aeronautical radio station shall ensure that each record made by the apparatus provided in compliance with paragraph (2) of this Article includes:

If at any time the apparatus provided in compliance with paragraph (2) of this Article ceases to be capable of recording the matters required by this Article to be included in the record the person in charge of the aeronautical station shall ensure that a written record is kept in which the particulars specified in paragraph (4) of this Article are recorded together with a summary of communications exchanged between the aeronautical radio station and aircraft.

The person in charge of the aeronautical radio station shall preserve any record made in compliance with paragraphs (2) and (5) of this Article for a period of 30 days from the date on which the message or signal was recorded or for such longer period as the Chief Executive may in a particular case direct, and shall, within a reasonable time after being requested to do so by an authorized person, produce such record to that person. (36 of 1999 s. 3)

A person required by this Article to preserve any record by reason of his being the person in charge of the aeronautical radio station shall, if he ceases to be such person, continue to preserve the record as if he had not ceased to be such person, and in the event of his death the duty to preserve the record shall fall upon his personal representative: Provided that if another person becomes the person in charge of the aeronautical radio station the previous person in charge or his personal representative shall deliver the record to that other person on demand, and it shall be the duty of that other person to deal with the record delivered to him as if he were that previous person in charge.

The provisions of this Article shall not apply in respect of any aeronautical radio station of which the person in charge is the Chief Executive. (36 of 1999 s. 3)

The Chief Executive may, in relation to any aerodrome in respect of which a licence for public use has been granted, or to such aerodromes generally or to any class thereof, prescribe the charges, or the maximum charges, which may be made for the use of the aerodrome and for any services performed at the aerodrome to or in connection with aircraft, and may further prescribe the conditions to be observed in relation to those charges and the performance of those services.

The licensee of an aerodrome in relation to which the Chief Executive has made any regulations under paragraph (1) of this Article shall not cause or permit any charges to be made in contravention of those regulations and shall cause particulars of the prescribed charges to be kept exhibited at the aerodrome in such a place and manner as to be readily available for the information of any person affected thereby.

The licensee of any aerodrome in respect of which a licence for public use has been granted shall, when required by the Chief Executive, furnish to the Chief Executive such particulars as he may require of the charges established by the licensee for the use of the aerodrome or of any facilities provided at the aerodrome for the safety, efficiency or regularity of air navigation.

Notwithstanding paragraph (1) of this Article, no regulations may be made under that paragraph to prescribe the charges, or the maximum charges, which 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). (66 of 1997 s. 14)

Except with the permission of the Chief Executive and in accordance with any conditions subject to which the permission may be granted, a person shall not establish, maintain or alter the character of— (L.N. 77 of 2008)

A person shall not intentionally or negligently damage or interfere with any aeronautical ground light established by or with the permission of the Chief Executive.

A person shall not exhibit in Hong Kong any light which—

If any light which appears to the Chief Executive to be such a light as aforesaid is exhibited the Chief Executive may cause a notice to be served upon the person who is the occupier of the place where the light is exhibited or having charge of the light, directing that person, within a reasonable time to be specified in the notice, to take such steps as may be specified in the notice of extinguishing or screening the light and of preventing for the future the exhibition of any other light which may similarly endanger aircraft.

The notice may be served either personally or by post, or by affixing it in some conspicuous place near to the light to which it relates.

In the case of a light which is or may be visible from any waters within the area of a lighthouse authority, the powers of the Chief Executive under this Article shall not be exercised except with the consent of that authority.

The Chief Executive may, subject to such conditions as he may think fit, by order designate any aerodrome to be a place for the landing or departure of aircraft for the purpose of the enactments for the time being in force relating to customs and excise.

The Chief Executive may by order revoke any designation so made.

A person who has the management of any aviation fuel installation on an aerodrome in Hong Kong shall not cause or permit any fuel to be delivered to that installation or from it to an aircraft unless:— (E.R. 5 of 2022)

Provided that this paragraph shall not apply in respect of fuel which has been removed from an aircraft and is intended for use in another aircraft operated by the same operator as the aircraft from which it has been removed.

A person to whom paragraph (1) of this Article applies shall keep a written record in respect of each installation of which he has the management, which record shall include—

and he shall preserve the written record for a period of 12 months or such longer period as the Chief Executive may in a particular case direct and shall, within a reasonable time after being requested to do so by an authorized person, produce such record to that person. (36 of 1999 s. 3)

For the purpose of this Article—

Despite any other Article of this Order, the Chief Executive may on written application permit one or more persons to conduct a trial of an unconventional aircraft in Hong Kong.

To avoid doubt, where a trial of an unconventional aircraft consists of more than one flight over Hong Kong, a permission given for the trial under paragraph (1) of this Article has effect in relation to all such flights.

For giving a permission under paragraph (1) of this Article, the Chief Executive—

An Article of this Order that is specified for a permitted aircraft under paragraph (3)(a)(ii) of this Article does not apply to the permitted aircraft.

An Article of this Order that is specified for a permitted person under paragraph (3)(b)(ii) of this Article does not apply to the permitted person.

Neither Article 84 nor Article 96 of this Order may be specified under paragraph (3)(a)(ii) or (b)(ii) of this Article.

The Chief Executive may specify in the permission any condition to which the permission is subject.

For the purposes of this Part, the Chief Executive must from time to time issue an instrument that the Chief Executive considers suitable for providing practical guidance in respect of this Part.

The instrument must specify a class or description of aircraft for the purposes of this Part.

A class or description of aircraft may be specified under paragraph (2) of this Article if the Chief Executive is satisfied that the class or description of aircraft is unconventional.

An aircraft registered in a Contracting State other than Hong Kong, or in a place outside Hong Kong, shall not fly over Hong Kong for the purpose of aerial photography or aerial survey (whether or not hire or reward is given or promised in respect of the flight or the purpose of the flight) or for the purpose of any other form of aerial work except with the permission of the Chief Executive granted under this Article to the operator or the charterer of the aircraft and in accordance with any conditions to which such permission may be subject. (23 of 1998 s. 2; 36 of 1999 s. 3)

Without prejudice to the provisions of paragraph (1) of this Article, any breach by a person to whom a permission has been granted under this Article of any condition to which that permission was subject shall constitute a contravention of this Article.

The operator or pilot in command of an aircraft registered in Hong Kong (or, if the operator’s principal place of business or permanent residence is in Hong Kong, any other aircraft) which is being flown over any place outside Hong Kong shall not allow that aircraft to be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, that place. (23 of 1998 s. 2; L.N. 77 of 2008)

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

The operator or pilot in command of an aircraft registered in Hong Kong (or, if the operator’s principal place of business or permanent residence is in Hong Kong, any other aircraft) which is being flown over any place outside Hong Kong shall comply with any directions given by the appropriate aeronautical authorities of that place whenever— (L.N. 77 of 2008)

unless the lives of person on board or the safety of the aircraft would thereby be endangered. (23 of 1998 s. 2)

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

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

Subject to the provisions of this Article, every person who—

shall—

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

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

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

If it appears to the Chief Executive or an authorized person that any aircraft is intended or likely to be flown—

the Chief Executive or that authorized person may direct the operator or the pilot in command of the aircraft that he is not to permit the aircraft to make the particular flight or any other flight of such description as may be specified in the direction, until the direction has been revoked by the Chief Executive or by an authorized person, and the Chief Executive or that authorized person may take such steps as are necessary to detain the aircraft. (L.N. 77 of 2008)

For the purposes of paragraph (1) of this Article the Chief Executive or any authorized person may enter upon and inspect any aircraft.

If it appears to the Chief Executive or an authorized person that any aircraft is intended or likely to be flown in such circumstances that any provision of Article 84 or 85 of this Order or any provision relating to the licensing of air transport in Hong Kong would be contravened in relation to the flight, the Chief Executive or that authorized person may direct the operator or the pilot in command of the aircraft that he is not to permit the aircraft to make the particular flight or any other flight of such description as may be specified in the direction until the direction has been revoked by the Chief Executive or by an authorized person, and the Chief Executive or any authorized person may take such steps as are necessary to detain the aircraft. (L.N. 77 of 2008)

For the purposes of paragraph (3) of this Article the Chief Executive or any authorized person may enter upon any aerodrome and may enter upon and inspect any aircraft.

If any provision of this Order or of any regulations made thereunder is contravened in relation to an aircraft, the operator and the pilot in command of that aircraft shall (without prejudice to the liability of any other person under this Order for that contravention) be deemed for the purposes of the following provisions to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention. (L.N. 77 of 2008)

If it is proved that an act or omission of any person which would otherwise have been a contravention by that person of a provision of this Order or of any regulations made thereunder was due to any cause not avoidable by the exercise of reasonable care by that person the act or omission shall be deemed not to be a contravention by that person of that provision.

Where a person is charged with contravening a provision of this Order or of any regulations made thereunder by reason of his having been a member of the flight crew of an aircraft on a flight for the purpose of public transport or aerial work the flight shall be treated (without prejudice to the liability of any other person under this Order) as not having been for that purpose if he proves that he neither knew nor suspected that the flight was for that purpose.

If any person contravenes any provision of this Order, or of any regulations made thereunder, not being a provision referred to in paragraph (5) or (6) of this Article, he shall be guilty of an offence and liable on summary conviction to a fine at level 2. (E.R. 5 of 2022)

If any person contravenes any provision specified in Part A of Schedule 13 to this Order he shall be guilty of an offence and liable on summary conviction to a fine at level 2.

If any person contravenes any provision specified in Part B of the said Schedule he shall be guilty of an offence and liable on summary conviction to a fine at level 2 and on conviction on indictment to a fine or imprisonment for a term not exceeding two years or both.

Except where the context otherwise requires, the provisions of this Order,

(Repealed 28 of 1998 s. 2)

Subject to the following provisions of this Article, the provision of this Order shall apply to or in relation to aircraft belonging to or exclusively employed in the service of the Central People’s Government or the Government of the Hong Kong Special Administrative Region, as they apply to or in relation to other aircraft and for the purposes of such application the Department or other authority for the time being responsible on behalf of the Central People’s Government or the Government of the Hong Kong Special Administrative Region for the management of the aircraft shall be deemed to be the operator of the aircraft and in the case of an aircraft belonging to the Central People’s Government or the Government of the Hong Kong Special Administrative Region, to be the owner of the interest of the Central People’s Government or the Government of the Hong Kong Special Administrative Region in the aircraft: Provided that nothing in this Article shall render liable to any penalty any Department or other authority responsible on behalf of the Central People’s Government or the Government of the Hong Kong Special Administrative Region for the management of any aircraft. (2 of 2012 s. 3)

(Repealed 2 of 2012 s. 3)

Save as otherwise provided by paragraph (4) of this Article, Article 78 of this Order and the Rules of the Air, nothing in this Order shall apply to or in relation to any military aircraft.

Where a military aircraft is flown by a civilian pilot and is not commanded by a person who is acting in the course of his duty as a member of the Chinese People’s Liberation Army, the following provisions of this Order shall apply on the occasion of that flight, that is to say, Articles 47, 48, 49 and 69 and in addition Article 64 (so far as applicable) shall apply unless the aircraft is flown in compliance with regulations or directives issued by the Central People’s Government in relation to an aircraft of which the pilot in command is acting as such in the course of his duty as a member of the Chinese People’s Liberation Army. (2 of 2012 s. 3)

An appeal shall lie to the Court of First Instance of Hong Kong from any decision of the Chief Executive that a person is not a fit person to hold an aircraft maintenance licence or a licence to act as a member of the flight crew of an aircraft, air traffic controller or student air traffic controller, and if the court is satisfied that on the evidence submitted to the Chief Executive he was wrong in so deciding, the court may reverse the Chief Executive’s decision and the Chief Executive shall give effect to the court’s determination: (25 of 1998 s. 2) Provided that an appeal shall not lie from a decision of the Chief Executive that a person is not qualified to hold the licence by reason of a deficiency in his knowledge, experience, competence, skill, language ability or physical or mental fitness. (L.N. 77 of 2008)

The respondent to any appeal under this Article shall be the Secretary for Justice of Hong Kong. (L.N. 362 of 1997)

For the purposes of any provision relating to the time within which an appeal may be brought, the Chief Executive’s decision shall be deemed to have been taken on the date on which the Chief Executive furnished a statement of his reasons for the decision to the applicant for the licence, or as the case may be, the holder or former holder of it.

The Chief Executive may make regulations for prescribing anything which, under the provisions of this Order, is to be prescribed.

The Chief Executive may make regulations amending the Air Navigation (General) Regulations contained in Schedule 15 to this Order.

Without prejudice to the generality of paragraph (1) of this Article, such regulations may prescribe the fees to be charged in connection with the issue, validation, renewal, extension or variation of any certificate, licence or other document (including the issue of a copy thereof), or the undergoing of any examination, test, inspection, calculation or investigation or the grant or variation of any permission, approval or authorization, required by, or for the purpose of, this Order or any regulations made thereunder. (L.N. 139 of 2011)

Without limiting section 29 of the Interpretation and General Clauses Ordinance (Cap. 1), if under paragraph (3) regulations prescribe any fees, the regulations may also—

For the purposes of paragraph (4)(b), the regulations may empower the Director-General of Civil Aviation—

In this Order, unless the context otherwise requires—

(Repealed 2 of 2012 s. 3)

An aircraft shall be deemed to be in flight—

and the expressions a flight and to fly shall be construed accordingly.

Every person assigned by the operator of an aircraft to be involved in the operation of the aircraft during any portion of a flight shall be deemed to be a member of the crew thereof. (L.N. 77 of 2008)

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

and the expression public transport of passengers shall be construed accordingly: (E.R. 5 of 2022) Provided that, notwithstanding that an aircraft may be flying for the purpose of public transport by reason of subparagraph (a)(iii) of this paragraph, it shall not be deemed to be flying for the purpose of the public transport of passengers unless hire or reward is given for the carriage of those passengers. Provided that, notwithstanding that an aircraft may be flying for the purpose of public transport for the purposes of Part III of this Order by virtue of subparagraph (a)(iii) of this paragraph if the hire or reward given or promised for the primary purpose of conferring on a particular person the right to fly the glider on that flight is given or promised by a member of a flying club and the glider is owned or operated by that flying club.

The specified minimum weather provisions shall be as follows—

(Repealed 36 of 1999 s. 3)

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

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

Subject to the provisions of Articles 73 and 77 of this Order, nothing in this Order or the regulations made thereunder shall confer any right to land in any place as against the owner of the land or other persons interested therein.

Nothing in this Order shall oblige the Chief Executive to accept an application from the holder of any current certificate, licence, approval, permission, exemption or other document, being an application for the renewal of that document, or for the granting of another document in continuation or in substitution for the current document, if the application is made more than 60 days before the current document is due to expire. (36 of 1999 s. 3)

Subject to paragraph (2) of this Article, this Order, other than Articles 48, 70, 98(1) and 98(8), shall not apply to or in relation to— (L.N. 118 of 2021)

This Order does not apply to or in relation to a small unmanned aircraft within the meaning of section 3 of the Small Unmanned Aircraft Order (Cap. 448 sub. leg. G). (L.N. 118 of 2021; E.R. 5 of 2022)

A person, other than a natural person, who—

shall, in respect of the activities that he is authorized, permitted, approved or required to carry out under this Order, implement a safety management system that—

The safety management system shall—

The safety management system shall be a documented system and shall contain the following elements—