Cap. 173 《民航(生死及失蹤者)條例》Civil Aviation (Births, Deaths and Missing Persons) Ordinance

生效中
版本日期: 2022-10-20
Cap. 172F
Cap. 173A
附屬法例 (1)

To provide for the keeping of records of births and deaths, and records of persons missing and believed to have died in consequence of an accident, occurring in any part of the world in, or during a journey in any aircraft registered in Hong Kong; and to provide for the preservation of such records by the Registrar of Births and Deaths.

[13 October 1950]

(Format changes—E.R. 5 of 2022)

1. Short title

This Ordinance may be cited as the Civil Aviation (Births, Deaths and Missing Persons) Ordinance.

1A. Interpretation

In this Ordinance, unless the context otherwise requires—

Air Register Book of Births and Deaths (航空生死登記簿) means the Air Register Book of Births and Deaths kept by the Registrar immediately before the commencement* of the Births, Deaths and Marriages (Digital Image) Ordinance (8 of 2006); Air Register of Births and Deaths (航空生死登記冊) means the register maintained by the Registrar under section 3(1); digital image (數碼影像), in relation to a document, means an image of the document kept on a computer system or on an electronic medium; register computer (登記電腦) means a computer forming the system of storing the particulars under sections 3 and 4; Registrar (登記官) means the Registrar of Births and Deaths, and includes any deputy registrar of births and deaths.

(Added 8 of 2006 s. 3)

Editorial Note: Commencement date: 27 August 2007.

2. Power for the Chief Executive to make regulations for recording and registration of births and deaths, etc.

(1)

The Chief Executive may by regulation provide for requiring such persons as may be specified in the regulations to keep records and make returns to the Director-General of Civil Aviation— (Amended 36 of 1999 s. 3; L.N. 326 of 2000)

(a)

of births and deaths occurring in any part of the world in any aircraft registered in Hong Kong; and

(b)

of the death, outside Hong Kong, of any person who, being a traveller on such an aircraft, is killed on the journey in consequence of an accident to such aircraft, (Amended L.N. 171 of 1974)

and for the keeping in the Civil Aviation Department of a record of any returns made to the Director-General of Civil Aviation in accordance with any such requirement as aforesaid and may by such regulations specify that any person who fails to comply with any such requirement shall be liable on summary conviction to a fine at level 1. (Amended L.N. 326 of 2000; E.R. 5 of 2022)

(2) Where such an offence as aforesaid has been committed by a body corporate, every person who at the time of the commission of the offence was a director, general manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances. In this subsection the expression director (董事) includes any person occupying the position of director by whatever name called.
(3)

Where any such regulations provide for the keeping of records in the Civil Aviation Department in accordance with subsection (1) they shall also provide for the transmission of certified copies of those records to the Registrar. (Amended 8 of 2006 s. 4)

(4)

(Repealed 8 of 2006 s. 4)

(5)

Regulations made under subsection (1) shall provide for the rectification or amendment of any records kept in the Civil Aviation Department in pursuance of the regulations and for the transmission of certified copies of any corrected or amended entry in the records to the Registrar. (Amended 17 of 1993 s. 19; 8 of 2006 s. 4)

(6)

(Repealed 8 of 2006 s. 4)

(7)

Sections 22, 24, 25 and 28 of the Births and Deaths Registration Ordinance (Cap. 174) shall have effect as if— (Amended 8 of 2006 s. 4)

(a)

the Air Register of Births and Deaths were a register referred to in those sections; and

(b)

the reference to the computer record in those sections were a reference to the database of a register computer. (Replaced 80 of 1997 s. 71. Amended 8 of 2006 s. 4)

(8)

The Chief Executive may by regulation provide— (Amended 36 of 1999 s. 3)

(a)

for the keeping in the Civil Aviation Department of a record of persons reported to the Director-General of Civil Aviation as missing, being persons with respect to whom there are reasonable grounds for believing that they have died in consequence of an accident to an aircraft registered in Hong Kong; (Amended L.N. 326 of 2000)

(b)

for the rectification or amendment of any such record; and (Amended 17 of 1993 s. 19)

(c)

for the transmission of information as to the matters for the time being entered on the record to the Registrar. (Amended 8 of 2006 s. 4)

3. Maintenance of register and storage of information

(1)

The Registrar shall maintain a register called the Air Register of Births and Deaths.

(2)

The Air Register of Births and Deaths shall be compiled from the certified copies referred to in section 2(3) and (5) which are recorded in the form of a digital image in accordance with this section.

(3)

The Registrar shall, on receipt of any of the certified copies referred to in section 2(3), cause—

(a)

the certified copy to be recorded in the form of a digital image; and

(b)

the particulars contained in the certified copy to be stored in the database of a register computer in the form of data which are capable of being retrieved and reproduced in a legible form.

(4)

The Registrar shall, on receipt of a certified copy of any corrected or amended entry referred to in section 2(5), cause—

(a)

the certified copy to be recorded in the form of a digital image and substituted for the corresponding digital image kept in the Air Register of Births and Deaths; and

(b)

the particulars contained in the certified copy to be—

(i)

stored in the manner described in subsection (3)(b); and

(ii)

substituted for the corresponding particulars that have been so stored.

(5)

Where the Registrar is aware of a clerical error in the particulars stored in the database referred to in subsection (3)(b), he shall cause the error to be corrected as soon as possible.

(6)

The certified copies filed in the Air Register Book of Births and Deaths shall, on the commencement* of the Births, Deaths and Marriages (Digital Image) Ordinance (8 of 2006), form part of the Air Register of Births and Deaths and be recorded in the form of a digital image by the Registrar.

(7)

The Registrar shall cause the particulars contained in the certified copies referred to in subsection (6) to be stored in the manner described in subsection (3)(b).

(Added 8 of 2006 s. 5. Amended E.R. 5 of 2022)

Editorial Note: Commencement date: 27 August 2007.

4. Disposal of certified copies filed in Air Register Book of Births and Deaths

Where—

(a)

any certified copy filed in the Air Register Book of Births and Deaths has been recorded in the form of a digital image; and (Amended E.R. 5 of 2022)

(b)

the particulars contained in the certified copy have been stored in the manner described in section 3(3)(b),

the Registrar may destroy or otherwise dispose of the certified copy in such manner as he thinks fit.

(Added 8 of 2006 s. 5)