Air Navigation (Hong Kong) Order 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/2700 |
1995 No. 2700
CIVIL AVIATION
The Air Navigation (Hong Kong) Order 1995
Made 18th October 1995
Laid before Parliament 30th October 1995
Coming into force
At the Court at Buckingham Palace, the 18th day of October 1995
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred on Her by sections 8, 41, 57, 58, 59 and 61 of the Civil Aviation Act 19491, as extended to certain territories by the Civil Aviation Act 1949 (Overseas Territories) Order 19692, as amended by the Civil Aviation Act 1971 (Overseas Territories) Order 19763, and all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
CITATION, COMMENCEMENT AND REVOCATION
Citation and Commencement
1.—(1) This Order may be cited as the Air Navigation (Hong Kong) Order 1995.
(2) Subject to paragraph (3), this Order shall come into force on 1st December 1995.
(3) Article 74 of this Order shall come into force on 1st June 1996 after.
Revocation and Transitional Provisions
2.—(1) Subject to paragraph (2), the Air Navigation (Overseas Territories) Order 19774, the Air Navigation (Overseas Territories) (Amendment) Order 19775and the Air Navigation (Overseas Territories) (Second Amendment) Order 19786are hereby revoked.
(a)
(a) (2) Article 69 of the Air Navigation (Overseas Territories) Order 1977 is revoked as from 1st June 1996.
(b)
(b) Article 70 of the Air Navigation (Overseas Territories) Order 1977 is revoked as from 1st December 1996.
(c)
(c) The Orders mentioned in paragraph (1) shall remain in operation until 1st June 1996 for the purposes of applying the provision mentioned in sub-paragraph (a), and until 1st December 1996 for the purposes of applying the provision mentioned in sub-paragraph (b).
(i) (d)
(i) (d) Until 1st December 1996, the Governor may, either generally, or for a particular period, or in any particular case or class of cases, apply, as seems to him to be appropriate, either the provisions of Articles 8(7), 9 and 11 of the Air Navigation (Overseas Territories) Order 19777or the provisions of Articles 8(7), 9 and 11 of this Order.
(ii) In any case where in accordance with sub-paragraph (d)(i) the Governor applies the provisions of Articles 8(7), 9 and 11 of the Air Navigation (Overseas Territories) Order 1977, then—
(aa) the Orders mentioned in paragraph (1) shall remain in operation until 1st December 1996 for the purposes of applying Articles 8(7), 9 and 11 of the Air Navigation (Overseas Territories) Order 1977; and
(bb) any reference in this Order to a “certificate of maintenance review” or to a “certificate of release to service” shall be construed as a reference respectively, to a “certificate of maintenance” or to a “certificate of compliance”.
(3) This Article shall apply to the Orders mentioned therein and to the provisions of any Order mentioned therein only insofar as the Order or those provisions form part of the law of Hong Kong.
(4) Notwithstanding the revocation of the Orders mentioned in paragraph (1) of this Article, any instrument (that is to say any regulation, direction, instrument, rule or other requirement, any notice and any certificate, licence, approval, permission, exemption, log book, record or other document) issued, made, served or granted under those Orders, or under any enactment revoked by any of those Orders, if in force at the commencement of this Order, shall (except to the extent that such instrument is inconsistent with the provisions of this Order, and without prejudice to Article 62 of this Order or to any power to amend any such instrument) continue in force until superseded, revoked or otherwise terminated and, so far as it could have been issued, made, served or granted under this Order, shall have effect as if issued, made, served or granted under this Order and this Order shall apply to or in relation to such instrument accordingly:
Provided that any such instrument which is expressed to remain in force for a definite period shall not remain in force after the expiration of that period unless it shall be renewed in accordance with the provisions of this Order or in accordance with any prescribed provisions.
PART I
REGISTRATION AND MARKING OF AIRCRAFT
Aircraft to be registered
3.—(1) An aircraft shall not fly in or over Hong Kong unless it is registered in:
(a)
(a) some part of the Commonwealth; or
(b)
(b) a Contracting State; or
(c)
(c) some other country in relation to which there is in force an agreement between Her Majesty’s Government in the United Kingdom and the Government of that country which makes provision for the flight over Hong Kong of aircraft registered in that country;
Provided that:
(i)
(i) any aircraft may fly unregistered on any flight which:
(a) begins and ends in Hong Kong without passing over any other country, and
(b) is in accordance with the “B Conditions” set forth in Schedule 2 to this Order.
(ii)
(ii) this paragraph shall not apply to any kite or captive balloon.
(2) If an aircraft flies over Hong Kong in contravention of paragraph (1) of this Article in such manner or circumstances that if the aircraft had been registered in Hong Kong an offence against this Order or any regulations made thereunder would have been committed, the like offence shall be deemed to have been committed in respect of that aircraft.
Registration of aircraft in Hong Kong
4.—(1) The Governor shall be the authority for the registration of aircraft in Hong Kong. He may cause a register to be kept and may record therein the particulars specified in paragraph (7) of this Article in either a legible or a non-legible form, so long as the recording is capable of being reproduced in a legible form.
(2) Subject to the provisions of this Article, an aircraft shall not be registered or continue to be registered in Hong Kong if it appears to the Governor that:
(a)
(a) the aircraft is registered outside Hong Kong and that such registration does not cease by operation of law upon the aircraft being registered in Hong Kong; or
(b)
(b) an unqualified person holds any legal or beneficial interest by way of ownership in the aircraft or any share therein; or
(c)
(c) the aircraft could more suitably be registered in some other country or territory; or
(d)
(d) it would be inexpedient in the public interest for the aircraft to be or to continue to be registered in Hong Kong.
(3) The following persons and no others shall be qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in Hong Kong or a share therein:
(a)
(a) the Crown in right of Her Majesty’s Government in the United Kingdom or in right of the Government of Hong Kong;
(b)
(b) British Nationals;
(c)
(c) British protected persons;
(d)
(d) bodies incorporated in or under the law of Hong Kong or in the United Kingdom and having their principal place of business in Hong Kong or the United Kingdom.
(4) If an unqualified person residing or having a place of business in Hong Kong holds a legal or beneficial interest by way of ownership in an aircraft, or a share therein, the Governor, upon being satisfied that the aircraft may otherwise be properly so registered, may register the aircraft in Hong Kong. The person aforesaid shall not cause or permit the aircraft, while it is registered in pursuance of this paragraph, to be used for the purpose of public transport or aerial work.
(5) If an aircraft is chartered by demise to a person qualified as aforesaid the Governor may, whether or not an unqualified person is entitled as owner to a legal or beneficial interest therein, register the aircraft in Hong Kong in the name of the charterer upon being satisfied that the aircraft may otherwise be properly so registered, and subject to the provisions of this Article the aircraft may remain so registered during the continuation of the charter.
(6) Application for the registration of an aircraft in Hong Kong shall be made in writing to the Governor, and shall include or be accompanied by such particulars and evidence relating to the aircraft and the ownership and chartering thereof as he may require to enable him to determine whether the aircraft may properly be registered in Hong Kong and to issue the certificate referred to in paragraph (8) of this Article. In particular, the application shall include the proper description of the aircraft according to column 4 of the “General Classification of Aircraft” set forth in Part A of Schedule 1 to this Order.
(7) Upon receiving an application for the registration of an aircraft in Hong Kong and being satisfied that the aircraft may properly be so registered, the Governor shall register the aircraft, wherever it may be, and shall include in the register the following particulars:
(a)
(a) the number of the certificate;
(b)
(b) the nationality mark of the aircraft, and the registration mark assigned to it by the Governor;
(c)
(c) the name of the constructor of the aircraft and its designation;
(d)
(d) the serial number of the aircraft; and
(i) (e)
(i) (e) the name and address of every person who is entitled as owner to a legal interest in the aircraft or a share therein, or, in the case of an aircraft which is the subject of a charter by demise, the name and address of the charterer by demise; and
(ii) in the case of an aircraft registered in pursuance of paragraph (4) or (5) of this Article, an indication that it is so registered.
(8) The Governor 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...
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