【法规名称】
【法规编号】 68797 什么是编号？
【正 文】
第3页 CAP 448 CIVIL AVIATION ORDINANCE
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[接上页] "state of emergency" (紧急状态) means a state of emergency in Hong Kong declared by a Secretary of State for the purposes of this Ordinance by reason of turmoil within Hong Kong which endangers national unity or security and is beyond the control of the Government of the Hong Kong Special Administrative Region; (Amended 36 of 1999 s. 3) "state of war" (战争状态) means a state of war declared in accordance with the law of the United Kingdom. (Added 66 of 1997 s. 3) Cap 448 s 3 Investigation of accidents Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) The Chief Executive in Council may make regulations providing for the investigation of any accident arising out of or in the course of air navigation and occurring in or over Hong Kong, or occurring elsewhere to aircraft registered in Hong Kong. (Amended 36 of 1999 s. 3) (2) Regulations under this section may contain provisions- (a) requiring notice to be given of any such accident as aforesaid in such manner and by such persons as may be specified; (b) applying, with or without modification, for the purpose of investigations held with respect to any such accidents any of the provisions of any law in force in Hong Kong relating to the investigation of deaths or accidents; (c) prohibiting, pending investigation, access to or interference with aircraft to which an accident has occurred, and authorizing any person, so far as may be necessary for the purposes of an investigation, to have access to, examine, remove, take measures for the preservation of, or otherwise deal with, any such aircraft or any other aircraft; (d) authorizing or requiring the cancellation, suspension, endorsement or surrender of any licence or other document granted in Hong Kong under regulations or orders made under this Ordinance or regulations specified in section 13(6), or the withdrawal or suspension of any validation conferred in Hong Kong of a licence granted by a competent authority elsewhere, where it appears on an investigation that the licence or other document ought to be cancelled, suspended, endorsed or surrendered, or the validation withdrawn or suspended, as the case may be, and requiring the production of any such licence or other document for the purpose of being so dealt with. (Amended 66 of 1997 s. 4)(3) A person who contravenes or fails to comply with any regulation under this section commits a summary offence and shall be liable on conviction to a fine not exceeding $100000, or to imprisonment for a term not exceeding 3 months or to both such fine and such imprisonment. (Enacted 1994) Cap 448 s 4 Dangerous flying (1) Where an aircraft is flown in such a manner as to be the cause of unnecessary danger to any person or property on land or water, the pilot or the person in charge of the aircraft, and also the owner thereof unless he proves to the satisfaction of the court that the aircraft was so flown without his actual fault or privity, commits a summary offence and shall be liable on conviction to a fine not exceeding $100000, or to imprisonment for a term not exceeding 6 months or to both such fine and such imprisonment. (2) In this section "owner" (机主), in relation to an aircraft used in the commission of an offence under subsection (1), includes any person by whom the aircraft is hired at the time of the offence. (Enacted 1994) Cap 448 s 5 Air transport licensing Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) The Chief Executive in Council may make regulations- (Amended 36 of 1999 s. 3) (a) to secure that aircraft shall not be used in Hong Kong by any person- (i) for flying, while carrying passengers or goods for hire or reward, on such journeys or classes of journeys (whether beginning and ending at the same point or at different points) as may be specified in the regulations; or (ii) for such flying undertaken for the purpose of any trade or business as may be so specified, except under the authority of, and in accordance with, a licence issued to the person by the authority specified in the regulations;(b) (i) as to the circumstances in which a licence under the regulations may or shall be issued, refused, revoked, varied, transferred or suspended, and in particular as to the matters to which the authority specified in the regulations is to have regard in deciding whether to issue such a licence; (ii) enabling any such licence (as distinct from the conditions attached to it), or any such licence (as so distinct) which is of a specified class or description, to be varied if, subject to subparagraph (i), the authority which issued the licence thinks fit, such variation to be in accordance with an application in that behalf by the holder of the licence and made to that authority;(c) as to appeals by persons interested in the grant, refusal, revocation, variation, transfer, or suspension of any licence under the regulations or the extension of the period during which such licence is to be in force; |
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