【法规名称】
【法规编号】 68797 什么是编号？
【正 文】
第5页 CAP 448 CIVIL AVIATION ORDINANCE
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[接上页] (5) In this section "customs aerodrome" (设有海关的机场) means an aerodrome for the time being appointed as a place of landing or taking off of aircraft for the purposes of the enactments relating to customs. (Amended 66 of 1997 s. 5) (Enacted 1994) Cap 448 s 7 Marking of aircraft wreck in Hong Kong waters Where any aircraft, part of an aircraft or equipment for an aircraft is sunk, stranded or abandoned in the waters of Hong Kong in such a manner as in the opinion of the Director of Marine is, or is likely to become, an obstruction or a danger to marine navigation in those waters pending the raising, removal or destruction thereof, the Director of Marine may cause such aircraft, part or equipment to be lighted or buoyed in such manner as he considers appropriate. (Enacted 1994) Cap 448 s 8 No liability in trespass or nuisance in certain circumstances (1) No action shall lie in respect of trespass or in respect of nuisance, by reason only of the flight of an aircraft over any property at a height above the ground, which, having regard to wind, weather and all the circumstances of the case, is reasonable, or the ordinary incidents of such flight so long as such of the provisions of orders made under section 2A, of regulations made under section 3 or of an enactment specified in section 13(6) which are applicable in the particular case are complied with and there has been no breach of section 4. (Amended 66 of 1997 s. 6) (2) Subject to subsection (3), where material loss or damage is caused to any person or property on land or water by, or by a person in, or an article or person falling from, an aircraft while in flight, taking off or landing, then unless the loss or damage was caused or contributed to by the negligence of the person by whom it was suffered, damages in respect of the loss or damage shall be recoverable without proof of negligence or intention or other cause of action, as if the loss or damage had been caused by the wilful act, neglect, or default of the owner of the aircraft. (3) Where material loss or damage is caused as described in subsection (2) and in circumstances in which- (a) damages are recoverable in respect of the said loss or damage by virtue only of subsection (2); and (b) a legal liability is created in some person other than the owner of an aircraft to pay damages in respect of the said loss or damage,such owner shall be entitled to be indemnified by that other person against any claim in respect of the said loss or damage. (4) In this section "owner" (机主) includes, in relation to an aircraft, the person having the management of the aircraft for the time being or, in relation to a time, at that time. (Enacted 1994) Cap 448 s 9 Application of law of salvage and wreck salvage to aircraft Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) (a) Any services rendered in assisting, or in saving life from, or in saving the cargo or apparel of, an aircraft in, on or over the sea or any tidal water, or on or over the shore of the sea or any tidal water, shall be deemed to be salvage services in all cases in which they would have been salvage services if they had been rendered in relation to a vessel; and where salvage services are rendered by an aircraft to any property or person, the owner of the aircraft shall be entitled to the same reward for those services as he would have been entitled to if the aircraft had been a vessel. (b) Paragraph (a) shall have effect notwithstanding that the aircraft concerned is not for the time being registered in Hong Kong, and notwithstanding that the services in question are rendered elsewhere than within the limits of the waters of Hong Kong.(2) The Chief Executive in Council may by regulations direct that any provisions of any law of Hong Kong for the time being in force which relate to wreck, to salvage of life or property or to the duty of rendering assistance to vessels in distress shall, with such exceptions, adaptations and modifications, if any, as may be specified in the regulations, apply in relation to aircraft as those provisions apply in relation to vessels. (Amended 36 of 1999 s. 3) (3) For the purposes of this section, any provisions of any law of Hong Kong which relate to vessels laid by or neglected as unfit for sea service shall be deemed to be provisions relating to wreck. (Enacted 1994) Cap 448 s 10 Exemption of aircraft and parts thereof from seizure on patent claims Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) Any lawful entry into Hong Kong or any lawful transit across Hong Kong, with or without landings, of an aircraft to which this section applies shall not entail any seizure or detention of the aircraft or any proceedings being brought against the owner or operator thereof or any other interference therewith by or on behalf of any person in Hong Kong, on the ground that the construction, mechanism, parts, accessories or operation of the aircraft is or are an infringement of any patent, design or model. |
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