Civil Aviation Ordinance


Published: 1997-06-30

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Cap 448 - CIVIL AVIATION ORDINANCE 1

Chapter: 448 CIVIL AVIATION ORDINANCE Gazette Number Version Date

Long title 30/06/1997


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)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Civil Aviation Ordinance.
(Enacted 1994)


Section: 2 Interpretation 28 of 1998; 36 of

1999
01/07/1997



Remarks:
Adaptation amendments retroactively made - see 28 of 1998 s. 2; 36 of 1999 s. 3


(1) In this Ordinance-
"aerodrome" (機場) 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" (芝加哥公約) 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" (批給) 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" (損失或損毀)
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.
(Amended 28 of 1998 s. 2)

(Enacted 1994)

Section: 2A Power to give effect to Chicago Convention and regulate

air navigation
2 of 2012 17/02/2012



(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



Cap 448 - CIVIL AVIATION ORDINANCE 2

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;

(m) for minimizing or preventing interference with the use or effectiveness of apparatus used in connection
with air navigation;

(n) for prohibiting or regulating-
(i) the use of apparatus used in connection with air navigation; and
(ii) the display of signs and lights liable to endanger aircraft;

(o) generally for securing the safety, efficiency and regularity of air navigation and the safety of aircraft
and of persons and property carried therein, for preventing aircraft endangering other persons and
property and, in particular, for the detention of aircraft for any of the purposes specified in this
paragraph;

(p) for requiring persons engaged in, or employed in or in connection with, air navigation to supply
meteorological information for the purposes of air navigation;

(q) for regulating the making of signals and other communications by or to aircraft and persons carried
therein;

(r) for regulating the use of the civil air ensign and any other ensign established by the Chief Executive in
Council for purposes connected with air navigation;

(s) subject to subsections (3) and (4), for prohibiting aircraft from flying over such areas in Hong Kong as
may be specified either in the order or by the Chief Executive;

(t) for applying, adapting or modifying, or enabling the Chief Executive to apply, adapt or modify, in
relation to aerodromes and to aircraft and to persons and property carried therein, any law in force in
Hong Kong relating to customs;

(u) for preventing smuggling by air;



Cap 448 - CIVIL AVIATION ORDINANCE 3

(v) for permitting, or enabling the Chief Executive to permit, in connection with air navigation, subject to
such conditions as appear to the Chief Executive in Council, or to the Chief Executive, as the case may
be, to be necessary or expedient for the protection of the revenue, the importation of goods into Hong
Kong without payment of duty;

(w) as to the manner and conditions of the issue, validation, renewal, extension or variation of any licence
or other document required by the order (including the examinations and tests to be undergone) and as
to the form, custody, production, cancellation, suspension, endorsement and surrender of any such
document;

(x) subject to subsection (5), for regulating, or enabling the Chief Executive to regulate, the charges that
may be made for the use of aerodromes licensed under the order and for services provided at such
aerodromes;

(y) for prescribing, or enabling the Chief Executive to prescribe, the fees to be paid in respect of the issue,
validation, renewal, extension or variation of any licence or other document or the undergoing of any
examination or test required by, or in pursuance of, the order and in respect of any other matter in
respect of which it appears to the Chief Executive in Council to be expedient for the purposes of the
order to charge fees;

(z) for exempting from the provisions of the order, or any of them, any aircraft or persons or classes of
aircraft or persons. (Amended 36 of 1999 s. 3)

(3) No order may be made under subsection (2)(s) for prohibiting aircraft from flying over any area in Hong
Kong-

(a) by reason of national defence; or
(b) during a state of emergency or state of war,

except on an instruction of the Central People’s Government issued as described in subsection (4). (Amended 2 of
2012 s. 3)

(4) Where the Central People’s Government, by reason of national defence, or at any time during a state of
emergency or state of war, issues an instruction to the Chief Executive- (Amended 2 of 2012 s. 3)

(a) that an order be made under subsection (2)(s) in accordance with the instruction; or
(b) that an order made under subsection (2)(s) be repealed or amended in accordance with the instruction,

then the Chief Executive in Council shall comply with that instruction. (Amended 2 of 2012 s. 3)
(5) No order may be made under subsection (2)(x) for regulating, or enabling the Chief Executive to regulate,

the charges that may be made in relation to any matter for which charges may be determined by the Airport Authority
under section 7 or 34 of the Airport Authority Ordinance (Cap 483). (Amended 36 of 1999 s. 3)

(6) An order under this section may make different provision with respect to-
(a) different classes of aircraft, aerodromes, persons or property;
(b) different circumstances; and
(c) different parts of Hong Kong,

but shall, so far as practicable, be so framed as not to discriminate in like circumstances between aircraft registered in
Hong Kong operated on charter terms by one air transport undertaking and such aircraft so operated by another air
transport undertaking.

(7) An order under this section may, for the purpose of securing compliance with the order or any regulation or
other instrument made thereunder-

(a) create offences and provide for the imposition of penalties on conviction but not exceeding a fine at
level 6 or imprisonment for a term of 2 years or both such fine and such imprisonment;

(b) in the case of any provision having effect by virtue of subsection (2)(s), provide for the taking of such
steps (including firing on aircraft) as may be specified in the order.

(8) In this section-
"state of emergency" (緊急狀態) means a state of emergency in Hong Kong declared by the Standing Committee of

the National People’s Congress 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; 2 of 2012 s. 3)

"state of war" (戰爭狀態) means a state of war declared in accordance with the law of the People’s Republic of
China. (Amended 2 of 2012 s. 3)

(Added 66 of 1997 s. 3)




Cap 448 - CIVIL AVIATION ORDINANCE 4

Section: 3 Investigation of accidents 36 of 1999 01/07/1997


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)

Section: 4 Dangerous flying 30/06/1997


(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" (機主), 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)

Section: 5 Air transport licensing 36 of 1999 01/07/1997


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,



Cap 448 - CIVIL AVIATION ORDINANCE 5

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;

(d) as to the conditions which may be attached to such a licence (including conditions as to the fares,
freight or other charges and conditions relating to specified services or specified classes of service
(being in all cases services to be provided in or in relation to civil aviation)), and for securing
compliance with any conditions so attached;

(e) as to the extension of the period during which such a licence is to be in force or to variation of the
conditions attached to such a licence;

(f) as to information to be furnished by an applicant for, or the holder of, such a licence to such authorities
as may be specified in the regulations;

(g) prescribing the fees to be paid in respect of the issue or transfer of any licence under the regulations, or
the variation of the conditions attached to such a licence or the extension of the period during which
such a licence is to remain in force, or enabling such fees to be fixed by any authority or other person
specified in that behalf by the regulations,

and such regulations may make different provision as respects different classes of aircraft and different classes of
licences.

(2) Regulations made under this section may, for the purpose of securing compliance with the regulations,
create offences and provide for the imposition of the following penalties on conviction, namely-

(a) in the case of summary conviction, a fine not exceeding $100000 or imprisonment for a term not
exceeding 3 months or both such fine and such imprisonment; and

(b) in the case of conviction on indictment, a fine not exceeding $5000000 or imprisonment for a term not
exceeding 2 years or both such fine and such imprisonment.

(Enacted 1994)

Section: 6 Information regarding air transport undertakings and use

of customs aerodromes
28 of 1998; 36 of
1999

01/07/1997



Remarks:
Adaptation amendments retroactively made - see 28 of 1998 s. 2; 36 of 1999 s. 3


(1) The Chief Executive in Council may make regulations- (Amended 36 of 1999 s. 3)
(a) requiring any person-

(i) who carries on the business of carrying passengers or goods in aircraft 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) who is the holder of a licence in respect of a customs aerodrome (whether the licence was issued
before or after the commencement of this section),

to furnish to such authorities as may be specified in the regulations such information relating to the use
of aircraft for the purpose of his said business and to the persons employed in connection with that
use, or, as the case may be, relating to the use of the aerodrome and to the persons employed in aircraft
arriving thereat or departing therefrom, as may be prescribed by the regulations;

(b) requiring the owner, or the pilot or other person in charge, of any aircraft arriving at, or departing
from, any customs aerodrome to furnish to the holder of the licence in respect of that aerodrome such
information as may be necessary to enable the holder of the said licence to comply with such of the
provisions of the regulations as relate to him;

(c) prescribing the times at which, and the form and manner in which, any information required under the
regulations is to be furnished:



Cap 448 - CIVIL AVIATION ORDINANCE 6

Provided that a person carrying on such a business as is mentioned in paragraph (a)(i) shall not be required to
furnish information relating to the use of aircraft on journeys wholly outside Hong Kong, or relating to persons
exclusively employed outside Hong Kong, unless the person carrying on the business is either a Hong Kong
permanent resident or a Chinese citizen or a body corporate incorporated under the law of Hong Kong. (Amended 28
of 1998 s. 2)

(2) Regulations under this section may create summary offences and provide for imposing on any person who
contravenes or fails to comply with any provision of the regulations such penalties (not exceeding a fine of $100000
and a further fine (not exceeding in all $500000) not exceeding $50000 for every day on which the contravention or
non-compliance continues after conviction therefor) as may be specified in the regulations.

(3) Subject to subsection (4), no information with respect to any particular undertaking which has been
obtained by virtue of regulations under this section shall, without the consent of the person carrying on that
undertaking, be disclosed otherwise than in connection with the execution of such regulations, and if any person
discloses any such information in contravention of this subsection, he shall be guilty of an offence and be liable, on
summary 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 or, on conviction on indictment, to a fine not exceeding $5000000, or to
imprisonment for a term not exceeding 2 years or to both such fine and such imprisonment.

(4) Nothing in this section shall apply to the disclosure of any information for the purposes of any legal
proceedings which may be taken by virtue of this subsection or of regulations made under this section, or for the
purposes of any report of any such proceedings, but, save as aforesaid, the restriction imposed by subsection (3) shall,
in relation to any legal proceedings (including arbitrations), extend so as to prohibit and prevent any person who is in
possession of any such information so obtained from disclosing, and from being required by any court or arbitrator to
disclose, that information (whether as a witness or otherwise) except with the consent of the person carrying on the
undertaking to which the information relates.

(5) In this section "customs aerodrome" (設有海關的機場) 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)

Section: 7 Marking of aircraft wreck in Hong Kong waters 30/06/1997


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)

Section: 8 Liability in respect of trespass, nuisance or surface damage

in certain circumstances
2 of 2006 20/01/2006



(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



Cap 448 - CIVIL AVIATION ORDINANCE 7

damage.
(4) Subject to subsection (5), in this section-

(a) "owner" (機主), in relation to an aircraft, includes the operator of the aircraft; and
(b) "operator" (經營人) means the person having the management of an aircraft for the time being or, in

relation to a time, at that time. (Replaced 2 of 2006 s. 2)
(5) A person is not the owner of an aircraft within the meaning of this section if, at the time the material loss or

damage mentioned in subsection (2) was caused-
(a) the aircraft had been bona fide demised, let or hired out by such person ("the lesssor") to any other

person ("the lessee") under a lease or other arrangement for a term exceeding 14 days;
(b) under the lease or arrangement, the lessee was responsible for ensuring the airworthiness of the

aircraft; and
(c) no member of the crew of the aircraft was in the employment of the lessor. (Added 2 of 2006 s. 2)

(Enacted 1994)

Section: 9 Application of law of salvage and wreck salvage to aircraft 36 of 1999 01/07/1997


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)

Section: 10 Exemption of aircraft and parts thereof from seizure on

patent claims
36 of 1999 01/07/1997



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.

(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.



Cap 448 - CIVIL AVIATION ORDINANCE 8

(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)

Section: 11 Extraterritoriality 28 of 1998 01/07/1997


Remarks:
Adaptation 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.

(Amended 66 of 1997 s. 8)
(Enacted 1994)


Section: 12 Regulations and orders- supplementary provisions 36 of 1999 01/07/1997


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.

(Amended 66 of 1997 s. 9; 36 of 1999 s. 3)
(Enacted 1994)


Section: 13 Savers 2 of 2012 17/02/2012


(1) Nothing in this Ordinance shall apply to aircraft belonging to or exclusively employed for the time being in



Cap 448 - CIVIL AVIATION ORDINANCE 9

the service of the Central People’s Government, the Chinese People’s Liberation Army or the Government of the
Hong Kong Special Administrative Region. (Amended 2 of 2012 s. 3)

(2) The Chief Executive 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). (Amended 2 of 2012 s. 3)

(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.

(5) The Chief Executive in Council may by regulations amend or revoke any enactment specified in subsection
(6). (Amended 36 of 1999 s. 3)

(6) The enactments referred to in subsection (4) are-
(a) the Air Transport (Licensing of Air Services) Regulations (App. I p. G1)*; and
(b) the Hong Kong Civil Aviation (Investigation of Accidents) Regulations (App. I p. L1)+.

(Enacted 1994)
_________________________________________________________________________________
Note:
* See now Cap 448 sub. leg. A
+ See now Cap 448 sub. leg. B

Section: 14 Repeals 30/06/1997


(1) The following provisions of the Civil Aviation Act 1949 (1949 c. 67 U.K.), in so far as they apply to Hong
Kong, are repealed, namely, sections 10, 11, 13, 14, 40, 41, 51, 53, 57, 58, 59 and 61.

(2) (Repealed 66 of 1997 s. 10)
(3) Section 23 of the Interpretation and General Clauses Ordinance (Cap 1) shall apply to each of the repeals

effected by subsection (1) as it applies in relation to a repeal described in that section.
(Enacted 1994)


Section: 15 Repeals and savings 36 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 36 of 1999 s. 3


(1) The Civil Aviation Act 1949 (1949 c. 67 U.K.), in so far as it applies to Hong Kong, is repealed.
(2) The following, in so far as they apply to Hong Kong, are repealed, namely-

(a) The Civil Aviation Act 1971 (Overseas Territories) Order 1973 (App. III, p. DG1);
(b) the Air Corporations (Dissolution) Order 1973 (App. III, p. DH1); and
(c) the Civil Aviation Act 1971 (Overseas Territories) Order 1976 (App. III, p. DM1).

(3) Sections 23 to 25 of the Interpretation and General Clauses Ordinance (Cap 1) apply to each of the repeals
effected by subsections (1) and (2) as they apply in relation to the repeal of a provision of an Ordinance.

(4) Notwithstanding the repeal effected by subsection (1)-
(a) the Air Navigation (Hong Kong) Order 1995 (L.N. 561 of 1995)*, as amended by the Civil Aviation

(Amendment) Ordinance 1997 (66 of 1997), shall continue in force under this Ordinance and shall be
deemed for all purposes to have been made by the Chief Executive in Council under sections 2A, 12
and 13(2);

(b) any regulation+, direction, rule, licence or other instrument made, issued or continued under the Air
Navigation (Hong Kong) Order 1995 (L.N. 561 of 1995) shall, if in force on the commencement of
this section, continue in force and shall be deemed for all purposes to have been made, issued or
continued under an order made by the Chief Executive in Council under sections 2A, 12 and 13(2).
(Amended 36 of 1999 s. 3)

(Added 66 of 1997 s. 11)
_________________________________________________________________________________
Note:



Cap 448 - CIVIL AVIATION ORDINANCE 10

* Now Cap 448 sub. leg. C.
+ See the Hong Kong Air Navigation (Fees) Regulations (formerly R. Ed. 1987, App. I, p. N1; now Cap 448

sub. leg. D).

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