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【法规名称】 
【法规编号】 68797  什么是编号?
【正  文】

第6页 CAP 448 CIVIL AVIATION ORDINANCE

[接上页]

  (2) The importation into, and storage in, Hong Kong of spare parts and spare equipment for an aircraft to which this section applies and the use and installation thereof in the repair of such an aircraft shall not entail any seizure or detention of the aircraft or of the spare parts or spare equipment or any proceedings being brought against the owner or operator of the aircraft or the owner of the spare parts or spare equipment or any other interference with the aircraft by or on behalf of any person in Hong Kong on the ground that the spare parts or spare equipment or their installation are or is an infringement of any patent, design or model.
  
  (3) Subsection (2) shall not apply in relation to any spare parts or spare equipment which are sold or distributed in Hong Kong or are exported from Hong Kong for sale or distribution.
  
  (4) This section applies-
  
  (a) to an aircraft, other than an aircraft used in military, customs or police services, registered in any country or territory in the case of which there is for the time being in force a declaration made by the Central People's Government, with a view to the fulfilment of the provisions of the Chicago Convention which relate to matters to which subsection (1) or (2) extends, that the benefits of those provisions apply to that country or territory; and
  
  (b) to such other aircraft as the Central People's Government may specify. (Amended 36 of 1999 s. 3)(5) (Repealed 66 of 1997 s. 7)
  
  (Enacted 1994)
  
  Cap 448 s 11 Extraterritoriality
  
  Remarks:
  
  Amendments retroactively made - see 28 of 1998 s. 2(1)
  
  (1) A regulation or order made under this Ordinance or an enactment specified in section 13(6) shall not, on the ground that it would have effect outside Hong Kong, be deemed to be invalid in so far as it applies to aircraft registered in Hong Kong wherever they may be, or prohibits, requires or regulates-
  
  (a) the doing of anything by persons in, or any of the personnel of, such aircraft, wherever they may be; or
  
  (b) the doing of anything in relation to such aircraft by other persons being Hong Kong permanent residents or Chinese citizens, wherever they may be. (Amended 28 of 1998 s. 2(1))(2) For the avoidance of doubt and for the purpose of conferring jurisdiction as regards proceedings for an offence under regulations or orders under this Ordinance or an enactment specified in section 13(6), the alleged offence may be treated as having been committed in any place where the person against whom the proceedings are instituted may for the time being be.
  
  (3) For the purposes of this section the personnel of an aircraft shall be deemed to include the commander or other person in charge of the aircraft, and all other members of the crew of the aircraft.
  
  (Enacted 1994. Amended 66 of 1997 s. 8)
  
  Cap 448 s 12 Regulations and orders- supplementary provisions
  
  Remarks:
  
  Adaptation amendments retroactively made - see 36 of 1999 s. 3
  
  (1) Regulations or orders under this Ordinance or an enactment specified in section 13(6) which relate to aircraft may provide for the detention of aircraft to secure compliance with the regulations or orders or with any provision of this Ordinance in connection with which the regulations or orders are made, and such regulations or orders may make such further provision as appears to the Chief Executive in Council to be necessary or expedient for securing such detention.
  
  (2) Regulations or orders under this Ordinance, an enactment specified in section 13(6), or instructions given by the Chief Executive under any such regulations, orders or enactment, may contain such incidental and supplementary provisions as appear to the Chief Executive in Council, or to the Chief Executive, as may be appropriate, to be necessary or expedient for the purposes of the regulations, orders, enactment or instructions; and any such regulations, orders or enactment may authorize the Chief Executive to give instructions for the purposes of the regulations, orders or enactment in respect of such matters as may be therein specified.
  
  (3) Any reference in this Ordinance to any regulations or orders made under this Ordinance, or to an enactment, includes where the context admits a reference to the provisions of any instructions given under the regulations or orders or enactment.
  
  (Enacted 1994. Amended 66 of 1997 s. 9; 36 of 1999 s. 3)
  
  Cap 448 s 13 Savers
  
  Remarks:
  
  Adaptation amendments retroactively made - see 36 of 1999 s. 3
  
  (1) Nothing in this Ordinance shall apply to aircraft belonging to or exclusively employed for the time being in the service of Her Majesty.
  
  (2) The Governor in Council may by order apply to any aircraft described in subsection (1), with or without modification, any provision of this Ordinance or any regulations made thereunder or any enactment specified in subsection (6).
  
  (3) Nothing in this Ordinance shall be construed as affecting any provision relating to marine navigation.
  
  (4) Each of the enactments specified in subsection (6) (being enactments in force immediately before the commencement of this section) shall notwithstanding section 14 continue in force, and such enactments shall be deemed to include such adaptations and modifications (if any) as are necessary or expedient to enable this subsection to have full effect.
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