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An Ordinance to repeal and re-enact with appropriate modifications certain provisions relating to civil aviation. (Enacted 1994) [13 May 1994] (Originally 32 of 1994) Cap 448 s 1 Short title This Ordinance may be cited as the Civil Aviation Ordinance. (Enacted 1994) Cap 448 s 2 Interpretation Remarks: Adaptation amendments retroactively made - see 28 of 1998 s. 2; 36 of 1999 s. 3 (1) In this Ordinance- "aerodrome" (机场) means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and taking off of aircraft and includes- (a) any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and taking off of aircraft capable of descending or climbing vertically; and (b) any such area of land or water or any such area or space the management of which is vested in the Government or in the Chief Executive, (Amended 36 of 1999 s. 3)but does not include any area the use of which for affording facilities for the landing and taking off of aircraft has been abandoned and has not been resumed; (Replaced 66 of 1997 s. 2)"Chicago Convention" (芝加哥公约) means the Convention on International Civil Aviation which, on 7 December 1944, was opened for signature at the International Civil Aviation Conference held at Chicago; (Added 66 of 1997 s. 2) "grant" (批给) includes issue; "Hong Kong permanent resident" (香港永久性居民) means a person who is such a resident within the meaning of the Immigration Ordinance (Cap 115); "land" (土地) includes buildings and other structures, land covered with water, and any estate, interest, easement or right in or over land; "licence" (牌照) includes a permit or certificate. (2) For the avoidance of doubt it is hereby declared that in this Ordinance "loss or damage" (损失或损毁) includes, in relation to persons, loss of life and personal injury. (3) Any reference in this Ordinance to goods includes a reference to mails and a reference to animals. (Enacted 1994. Amended 28 of 1998 s. 2) Cap 448 s 2A Power to give effect to Chicago Convention and regulate air navigation Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) The Chief Executive in Council may by order make such provision as appears to the Chief Executive in Council to be necessary or expedient- (Amended 36 of 1999 s. 3) (a) for carrying out the Chicago Convention, any Annex thereto relating to international standards and recommended practices (being an Annex adopted in accordance with the Convention) and any amendment of the Convention or any such Annex made in accordance with the Convention; (b) generally for regulating air navigation,provided that such provision deals only with the routine business and technical management of civil aviation including- (i) the management of aerodromes; (ii) the provision of air traffic services within the flight information region of Hong Kong; and (iii) the discharge of other responsibilities allocated to Hong Kong under the regional air navigation procedures of the International Civil Aviation Organization.(2) The Chief Executive in Council may by order make provision- (a) as to the registration of aircraft in Hong Kong; (b) for prohibiting aircraft from flying unless certificates of airworthiness issued or validated under the order are in force with respect to them and except upon compliance with such conditions as to maintenance or repair as may be specified either in the order or by the Chief Executive; (c) for the licensing, inspection and regulation of aerodromes; (d) for access to aerodromes and places where aircraft have landed; (e) for access to aircraft factories for the purpose of inspecting work therein carried on in relation to aircraft or parts thereof; (f) for prohibiting or regulating the use of unlicensed aerodromes; (g) for prohibiting persons from engaging in, or being employed in or (except in the maintenance at unlicensed aerodromes of aircraft not used for or in connection with commercial, industrial or other gainful purposes) in connection with, air navigation in such capacities as may be specified either in the order or by the Chief Executive except in accordance with provisions in that behalf contained in the order; (h) for the licensing of persons employed in the inspection or supervision of aircraft at aerodromes licensed under the order; (i) as to the conditions under which, and in particular the aerodromes to or from which, aircraft entering or leaving Hong Kong may fly; (j) as to the conditions under which aircraft may fly from one part of Hong Kong to another; (k) as to the conditions under which- (i) passengers and goods may be carried by air; and (ii) aircraft may be used for other commercial, industrial or gainful purposes;(l) for prohibiting the carriage by air of goods of such classes as may be specified either in the order or by the Chief Executive; |