【法规名称】
【法规编号】 68795 什么是编号？
【正 文】
CAP 448A AIR TRANSPORT (LICENSING OF AIR SERVICES) REGULATIONS
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(Cap 448, sections 12 and 13(6))* [4 November 1949] (G.N.A. 238 of 1949) _________________________________________________________________________________ Note: * These regulations were originally made under the Air Navigation Act 1936 (1936 c. 44 s. 5 U.K.) as applied by the Colonial Air Navigation (Application of Acts) Order 1937 (S.R. & O. 1937/378 U.K.) and the Colonial Air Navigation (Application of Acts) (Amendment) Order 1947 (S.R. & O. 1947/2738 U.K.). See now sections 12 and 13(6) of the Civil Aviation Ordinance, enacted in 1994 (Cap 448). Cap 448A reg 1 Interpretation PART I INTERPRETATION In these regulations and the Schedule, unless the context otherwise requires- "air service" (航空服务) means any service performed by any aircraft for hire or reward: Provided that a member of a club carried in an aircraft belonging to the club for the purposes of instruction shall not, if the instructor is also a member of the club, be deemed to be carried for hire or reward, notwithstanding that payment is made for such instruction or carriage;"air services arrangements" (航空服务安排) means- (a) any inter-governmental air services agreement or arrangements; and (b) any agreement between operators concerning air services,and includes any such agreement or arrangements between the Government of the Hong Kong Special Administrative Region and the Central People's Government; (L.N. 22 of 1985; 36 of 1999 s. 3)"authorized person" (获授权人士) means any person authorized by the Director-General of Civil Aviation, either generally or in relation to a particular case or class of cases; (L.N. 140 of 1969; L.N. 326 of 2000) "Convention on International Civil Aviation" (《国际民用航空公约》) and "International Air Services Transit Agreement" (《国际民用航空运输过境协议》) mean respectively, the Convention and the Agreement so styled which, on 7 December 1944, were opened for signature at the International Civil Aviation Conference held at Chicago; (36 of 1999 s. 3) "Director-General of Civil Aviation" (民航处处长) means the person for the time being lawfully discharging in Hong Kong the functions of the office of Director-General of Civil Aviation; (36 of 1999 s. 3; L.N. 326 of 2000) "licence" (牌照) means a licence granted under regulation 5; "Licensing Authority" (牌照局) means the Air Transport Licensing Authority constituted by regulation 4; "operating permit" (经营许可证) means a licence granted under regulation 20A; (L.N. 22 of 1985) "permit" (许可证) means a permit granted under regulation 23; "provisional licence" (临时牌照) means a licence granted under regulation 13; (G.N.A. 165 of 1953; L.N. 105 of 1995) "scheduled journey" (编定航程) means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service operated in such a manner that the benefits thereof are available to members of the public from time to time seeking to take advantage of them. (L.N. 22 of 1985; 36 of 1999 s. 3) Cap 448A reg 2 Exceptions PART II LICENCES AND OPERATING PERMITS FOR SCHEDULED JOURNEYS Part II shall not apply to the carriage of passengers, mail or cargo by air for hire or reward upon journeys other than scheduled journeys. Cap 448A reg 3 Penalties Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) Subject to the provisions of these regulations, no person shall use any aircraft for the carriage in Hong Kong of passengers, mail or cargo for hire or reward upon any scheduled journey between two places, one of which is in Hong Kong, except under and in accordance with the provisions of- (a) in the case of an aircraft registered in a country or place other than Hong Kong, an operating permit which has been granted to the operator of the aircraft; (36 of 1999 s. 3) (b) in the case of an aircraft registered in Hong Kong, a licence or provisional licence granted by the Licensing Authority. (36 of 1999 s. 3)(2) Any person who uses any aircraft in contravention of the provisions of this regulation shall be liable on conviction in the case of a first offence to a fine of $7000 or to imprisonment for 3 months or to both such fine and such imprisonment, and in the case of a second or subsequent offence to a fine of $70000 or to imprisonment for 2 years or to both such fine and such imprisonment. (L.N. 140 of 1969) (3) The provisions of this regulation shall not apply in respect of the aircraft of any State, which is a party to the International Air Services Transit Agreement, which fly across Hong Kong without landing, or land in Hong Kong in accordance with the provisions of that Agreement. (36 of 1999 s. 3) (4) Notwithstanding the provisions of paragraph (1), a person may use an aircraft under and in accordance with the provisions of- (a) a licence granted by the Licensing Authority under regulation 5; or (b) a provisional licence granted by the Licensing Authority under regulation 13,if such licence or provisional licence, as the case may be, was granted before the commencement of the Air Transport (Licensing of Air Service) (Amendment) Regulations 1969 (L.N. 140 of 1969), other than regulation 10 thereof. (L.N. 140 of 1969) |
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