The Air Navigation (Hong Kong) Order 1995

• (4) Upon an application being made in connection with which any fee is chargeable in accordance with the said provisions the applicant may be required before the application is entertained to pay the whole or to deposit a portion of the fee or fees so chargeable. If, after such payment or deposit has been made, the application is withdrawn by the applicant or otherwise ceases to have effect or is refused by the Governor, the Governor may, subject as hereinafter provided, refund the amount of such payment or deposit. Where the amount paid or deposited is wholly or to any extent attributable to a fee chargeable in respect of an investigation which would have been carried out in connection with the application if it had not been so withdrawn or ceased to have effect or been refused but which has not been carried out by reason only of such withdrawal, cesser or refusal, the Governor may refund the amount so attributable or, in a case where an investigation has been partially completed, so much of that amount as in the opinion of the Governor is reasonable having regard to the stage to which the investigation has progressed at the time of such withdrawal, cesser or refusal:

• Provided that, if in any case the amount deposited by the applicant is not sufficient to cover the fee, as ultimately assessed, chargeable in respect of any investigation in so far as the same has been carried out at the time when the application is withdrawn by him or otherwise ceases to have effect or is refused by the Governor the amount representing the balance of such fee shall be payable by the applicant.

• In this paragraph the expression “investigation” includes an inspection, examination, calculation or test.

Interpretation

98

• (1) In this Order, unless the context otherwise requires—

• “The Act” means the Civil Aviation Act 1949[^f00009];

• “Aerial work” means any purpose (other than public transport) for which an aircraft is flown if hire or reward is given or promised in respect of the flight or the purpose of the flight;

• “Aerial work aircraft” means an aircraft (other than a public transport aircraft) flying, or intended by the operator to fly, for the purpose of aerial work;

• “Aerial work undertaking” means an undertaking whose business includes the performance of aerial work;

• “Aerobatic manoeuvres” includes loops, spins, rolls, bunts, stall turns, inverted flying and any other similar manoeuvre;

• “Aerodrome” means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft and includes 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 departure of aircraft capable of descending or climbing vertically, but shall not include any area the use of which for affording facilities for the landing and departure of aircraft has been abandoned and has not been resumed;

• “Aerodrome flight information unit” means a person appointed by the Governor or by any other person maintaining an aerodrome to give information by means of radio signals to aircraft flying or intending to fly within the aerodrome traffic zone of that aerodrome and “aerodrome flight information service” shall be construed accordingly;

• “Aerodrome operating minima” in relation to the operation of an aircraft at an aerodrome means the cloud ceiling and runway visual range for take-off, and the decision height or minimum descent height, runway visual range and visual reference for landing, which are the minima for the operation of that aircraft at that aerodrome;

• “Aerodrome traffic zone” means the airspace: which is in the vicinity of an aerodrome which is notified for the purposes of Rule 35 of Schedule 14 to this Order; and which in relation to such an aerodrome: at which the length of the longest runway is notified as 1,850 metres or less, extends from the surface to a height of 2,000 feet above the level of the aerodrome within the area bounded by the circle centred on the notified mid-point of the longest runway and having a radius of 2 nautical miles: Provided that where such an aerodrome traffic zone would extend less than 1½ nautical miles beyond the end of any runway at the aerodrome and this proviso is notified as being applicable, sub-paragraph (ii) hereof shall apply as though the length of the longest runway is notified as greater than 1,850 metres; at which the length of the longest runway is notified as greater than 1,850 metres, the airspace extends from the surface to a height of 2,000 feet above the level of the aerodrome within the area bounded by a circle centred on the notified mid-point of the longest runway and having a radius of 2½ nautical miles; except any part of that airspace which is within the aerodrome traffic zone of another aerodrome which is notified for the purposes of this Order as being the controlling aerodrome;

• “Aeronautical beacon” means an aeronautical ground light which is visible either continuously or intermittently to designate a particular point on the surface of the earth;

• “Aeronautical ground light” means any light specifically provided as an aid to air navigation, other than a light displayed on an aircraft;

• “Aeronautical radio station” means a radio station on the surface, which transmits or receives signals for the purpose of assisting aircraft;

• “Air traffic control unit” means a person appointed by the Governor or by any other person maintaining an aerodrome or place to give instructions or advice or both instructions and advice by means of radio signals to aircraft in the interests of safety but does not include a person so appointed solely to give information to aircraft, and “Air traffic control service” shall be construed accordingly;

• “Air traffic service” shall include an air traffic control service and flight information service.

• “Air transport undertaking” means an undertaking whose business includes the carriage by air of passengers or cargo for hire or reward;

• “Approach to landing” means that portion of the flight of the aircraft, when approaching to land, in which it is descending below a height of 1,000 feet above the relevant specified decision height or minimum descent height;

• “Appropriate aeronautical radio station” means in relation to an aircraft an aeronautical radio station serving the area in which the aircraft is for the time being;

• “Appropriate air traffic control unit” means in relation to an aircraft the air traffic control unit serving the area in which the aircraft is for the time being or the air traffic control unit serving the area in which the aircraft intends to enter and with which unit the aircraft is required to communicate prior to entering that area, as the case may be;

• “Authorised person” means any person authorised by the Governor either generally or in relation to a particular case or class of cases, and references to a person authorised by the Governor include references to the holder for the time being of any office designated by the Governor;

• “Beneficial interest” has the same meaning as in section 57 of the Merchant Shipping Act 1894[^f00010];

• “British national” means a British citizen, a British Dependent Territories citizen, a British Overseas citizen and a British National (Overseas);

• “Cargo” includes mail and animals;

• “Certificate of airworthiness” includes any validation thereof and any flight manual, performance schedule or other document, whatever its title, incorporated by reference in that certificate relating to the certificate of airworthiness;

• “Certificate of maintenance review” and “certificate of release to service” have the meanings respectively assigned to them by Articles 9(1) and 11(5) of this Order;

• “The Civil Aviation Authority” refers to the body corporate constituted in accordance with the provisions of section 2 of the Civil Aviation Act 1982[^f00011];

• “Class A Airspace”, “Class B Airspace”, “Class C Airspace”, “Class D Airspace”, and “Class E Airspace” means airspace respectively notified as such;

• “Cloud ceiling” in relation to an aerodrome means the vertical distance from the elevation of the aerodrome to the lowest part of any cloud visible from the aerodrome which is sufficient to obscure more than one-half of the sky so visible;

• “Commander” in relation to an aircraft means the member of the flight crew designated as commander of that aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;

• “The Commonwealth” means the United Kingdom, the Channel Islands, the Isle of Man, the countries mentioned in Schedule 3 to the British Nationality Act 1981[^f00012] and all other territories forming part of Her Majesty’s dominions or in which Her Majesty has jurisdiction;

• “Competent authority” means in relation to Hong Kong, the Governor, and in relation to any other country the authority responsible under the law of that country for promoting the safety of civil aviation;

• “Conditional sale agreement” means an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled;

• “Congested area” in relation to a city, town or settlement, means any area which is substantially used for residential, industrial, commercial or recreational purposes;

• “Contracting State” means any State (including the United Kingdom and Hong Kong) which is a party to the Convention on International Civil Aviation signed on behalf of the Government of the United Kingdom at Chicago on the 7th December 1944;

• “Controlled airspace” means airspace which has been notified as Class A, Class B, Class C, Class D or Class E airspace;

• “Control area” means airspace which has been notified as such and which extends upwards from a notified altitude or flight level;

• “Control zone” means airspace which has been notified as such and which extends upwards from the surface;

• “Co-pilot” in relation to an aircraft means a pilot who in performing his duties as such is subject to the direction of another pilot carried in the aircraft;

• “Country” includes a territory except in paragraph (2) of this Article;

• “Crew” has the meaning assigned to it by paragraph (4) of this Article;

• “Danger Area” shall mean airspace which has been notified as such within which activities dangerous to the flight or aircraft may take place or exist at such times as may be notified;

• “Decision height” in relation to the operation of an aircraft at an aerodrome means the height in a precision approach at which a missed approach must be initiated if the required visual reference to continue that approach has not been established;

• “Flight” and “to fly” have the meanings respectively assigned to them by paragraph (3) of this Article;

• “Flight crew” in relation to an aircraft means those members of the crew of the aircraft who respectively undertake to act as pilot, flight navigator, flight engineer and flight radio operator of the aircraft;

• “Flight level” means one of a series of levels of equal atmospheric pressure, separated by notified intervals and each expressed as the number of hundreds of feet which would be indicated at that level on a pressure altimeter calibrated in accordance with the International Standard Atmosphere and set to 1013.2 millibars;

• “Flight recording systems” means a system comprising either a flight data recorder or a cockpit voice recorder or both;

• “Flight simulator” means apparatus by means of which flight conditions in an aircraft are simulated on the ground;

• “Flight visibility” means the visibility forward from the flight deck of an aircraft in flight;

• “Government aerodrome” means any aerodrome in Hong Kong which is under the control of the Governor or is in the occupation of any department of the Government of Hong Kong, or of Her Majesty’s naval, military or air forces, or of any visiting force;

• “Governor” means— the Governor of Hong Kong; the Acting Governor; to the extent to which a deputy to the Governor is authorised to perform on behalf of the Governor any functions of the Governor, the Deputy to the Governor; in relation to any purpose of this Order, other than the purposes of Article 97 thereof, any person authorised by the Governor for that purpose;

• “Hong Kong” includes— all waters, whether navigable or not, included in Hong Kong; and territorial waters of Hong Kong;

• “hire-purchase agreement” means an agreement for the bailment of goods under which the bailee may buy the goods, or under which the property in the goods will or may pass to the bailee;

• “Instrument Flight Rules” means Instrument Flight Rules contained in the Rules of the Air;

• “Instrument Meteorological Conditions” means weather precluding flight in compliance with the Visual Flight Rules;

• “To land” in relation to aircraft includes alighting on the water;

• “Legal personal representative” has the same meaning as in section 742 of the Merchant Shipping Act 1894[^f00013];

• “Licence” includes any certificate of competency or certificate of validity issued with the licence or required to be held in connection with the licence by the law of the country in which the licence is granted;

• “Licence for public use” has the meaning assigned to it by Article 73(3) of this Order;

• “Licensed aerodrome” means an aerodrome licensed under this Order;

• “Lifejacket” includes any device designed to support a person individually in or on the water;

• “Log Book” in the case of an aircraft log book, engine log book, variable pitch propeller log book or personal flying log book, includes a record kept either in a book, or by any other means approved by the Governor in the particular case;

• “Maximum total weight authorised” in relation to an aircraft means the maximum total weight of the aircraft and its contents at which the aircraft may take off anywhere in the world, in the most favourable circumstances in accordance with the certificate of airworthiness in force in respect of the aircraft;

• “Military aircraft” includes the naval, military or air force aircraft of any country and— any aircraft being constructed for the naval, military or air forces of any country under a contract entered into by the Secretary of State; and any aircraft in respect of which there is in force a certificate issued by the Secretary of State that the aircraft is to be treated for the purposes of this Order as a military aircraft;

• “Minimum descent height” in relation to the operation of an aircraft at an aerodrome means the height in a non-precision approach below which descent may not be made without the required visual reference;

• “Nautical mile” means the International Nautical Mile, that is to say, a distance of 1,852 metres;

• “Night” means the time between half an hour after sunset and half an hour before sunrise, sunset and sunrise being determined at surface level;

• “Non-precision approach” means an instrument approach using non-visual aids for guidance in azimuth or elevation but which is not a precision approach;

• “Notified” means shown in any of the following publications for the time being in force and issued in Hong Kong whether before or after the coming into operation of this Order, that is to say “Notams (Notices to Airmen)”, “Aeronautical Information Publications (AIP)”, or such other official publications so issued for the purpose of enabling any of the provisions of this Order to be complied with;

• “Operator” has the meaning assigned to it by paragraph (5) of this Article;

• “Parascending parachute” means a parachute which is towed by cable in such a manner as to cause it to ascend;

• “Passenger” means a person other than a member of the crew;

• “Pilot in command” in relation to an aircraft means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft;

• “Precision approach” means an instrument approach using Instrument Landing System, Microwave Landing System or Precision Approach Radar for guidance in both azimuth and elevation;

• “Prescribed” means prescribed by regulations made by the Governor under this Order, and the expression “prescribe” shall be construed accordingly;

• “Pressurised aircraft” means an aircraft provided with means of maintaining in any compartment a pressure greater than that of the surrounding atmosphere;

• “Public transport” has the meaning assigned to it by paragraph (6) of this Article;

• “Public transport aircraft” means an aircraft flying, or intended by the operator of the aircraft to fly, for the purpose of public transport.

• “Record” includes, in addition to a record in writing— any disc, tape, sound-track or other device in which sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced therefrom; any film, tape or other device in which visual images are embodied so as to be capable (as aforesaid) of being reproduced therefrom; and any photograph; and any reference to a copy of a record includes, in the case of a record falling within paragraph (a) only of this definition, a transcript of the sounds or signals embodied therein, in the case of a record falling within paragraph (b) only of this definition, a still reproduction of the images embodied therein, and in the case of a record falling within both those paragraphs; such a transcript together with such a still reproduction;

• “Replacement” in relation to any part of an aircraft or its equipment includes the removal and replacement of that part whether or not by the same part, and whether or not any work is done on it, but does not include the removal and replacement of a part which is designed to be removable solely for the purpose of enabling another part to be inspected, repaired, removed or replaced or cargo to be loaded;

• “Rules of the Air” means the Rules contained in Schedule 14 to this Order and any supplementary rules made by the Governor under Article 64(1) of this Order;

• “Runway visual range” in relation to a runway means the distance in the direction of take-off or landing over which the runway lights or surface marking may be seen from the touchdown zone as calculated by either human observation or instruments in the vicinity of the touchdown zone or where this is not reasonably practicable in the vicinity of the midpoint of the runway; and the distance, if any, communicated to the commander of an aircraft by or on behalf of the person in charge of the aerodrome as being the runway visual range shall be taken to be the runway visual range for the time being;

• “Scheduled journey” means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service;

• “Seaplane” includes a flying boat and any other aircraft designed to manoeuvre on water;

• “Special VFR flight” means a flight made in Instrument Meteorological Conditions or at night in a control zone or in a control zone notified for the purposes of Rule 22 of the Rules of the Air in respect of which the appropriate air traffic control unit has given permission for the flight to be made in accordance with special instructions by that unit instead of in accordance with the Instrument Flight Rules.

• “Specified minimum weather provisions” has the meaning assigned to it by paragraph (7) of this Article;

• “Visual Flight Rules” means Visual Flight Rules contained in the Rules of the Air;

• “Visual Meteorological Conditions” means weather permitting flight in accordance with the Visual Flight Rules.

• (2) In relation to Hong Kong the expression “visiting force” in this Order means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952[^f00014], which extend to that territory, in respect of that country, by virtue of any Order in Council made under subsection (2) of section 1 or under section 15 of that Act.

• (3) An aircraft shall be deemed to be in flight—

• (a) in the case of a piloted flying machine from the moment when, after the embarkation of its crew for the purpose of taking off, it first moves under its own power, until the moment when it next comes to rest after landing;

• (b) in the case of a pilotless flying machine, or a glider, from the moment when it first moves for the purpose of taking off until the moment when it next comes to rest after landing;

• (c) in the case of an airship or free balloon, from the moment when it first becomes detached from the surface until the moment when it next becomes attached thereto or comes to rest thereon;

and the expressions “a flight” and “to fly” shall be construed accordingly.

• (4) Every person employed or engaged in an aircraft in flight on the business of the aircraft shall be deemed to be a member of the crew thereof.

• (5) References in this Order to the operator of an aircraft are, for the purpose of the application of any provision of this Order in relation to any particular aircraft, references to the person who at the relevant time has the management of that aircraft, and cognate expressions shall be construed accordingly:

• Provided that for the purposes of the application of any provision in Part III of this Order, when by virtue of any charter or other agreement for the hire or loan of an aircraft a person other than an air transport undertaking or an aerial work undertaking has the management of that aircraft for a period not exceeding 14 days, the foregoing provisions of this paragraph shall have effect as if that agreement had not been entered into.

• (6)

• (a) Subject to the provisions of this paragraph, an aircraft in flight shall for the purposes of this Order be deemed to fly for the purpose of public transport—

• (i) if hire or reward is given or promised for the carriage of passengers or cargo in the aircraft on that flight; or

• (ii) if any passengers or cargo are carried gratuitously in the aircraft on that flight by an air transport undertaking, not being persons in the employment of the undertaking (including, in the case of a body corporate, its directors), persons with the authority of the Governor either making any inspection or witnessing any training, practice or test for the purposes of this Order, or cargo intended to be used by any such passengers as aforesaid, or by the undertaking; or

• (iii) for the purposes of Part III of this Order, if hire or reward is given or promised for the right to fly the aircraft on that flight (not being a single seater aircraft of which the maximum total weight authorised does not exceed 910 kilograms and in respect of which a certificate of airworthiness of the Special Category is in force) otherwise than under a hire-purchase or conditional sale agreement.

and the expression “public transport of Passengers” shall be construed accordingly:

• Provided that, notwithstanding that an aircraft may be flying for the purpose of public transport by reason of sub-paragraph (a)(iii) of this paragraph, it shall not be deemed to be flying for the purpose of the public transport of passengers unless hire or reward is given for the carriage of those passengers.

• Provided that, notwithstanding that an aircraft may be flying for the purpose of public transport for the purposes of Part III of this Order by virtue of sub-paragraph (a)(iii) of this paragraph if the hire or reward given or promised for the primary purpose of conferring on a particular person the right to fly the glider on that flight is given or promised by a member of a flying club and the glider is owned or operated by that flying club. Where under a transaction effected by or on behalf of a member of an association of persons on the one hand and the association of persons or any member thereof on the other hand, a person is carried in, or is given the right to fly, an aircraft in such circumstances that hire or reward would be given or promised if the transaction were effected otherwise than aforesaid, hire or reward shall, for the purposes of this Order, be deemed to have been given or promised, notwithstanding any rule of law as to such transactions.

• (7) The specified minimum weather provisions shall be as follows—

• (a) Outside airspace notified for the purposes of Schedule 8 to this Order:

• (i) an aircraft flying above 3,000 feet above mean sea level shall remain at least 1,800 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 10 km:

• (ii) an aircraft other than a helicopter flying at or below 3,000 feet above mean sea level shall remain at least 1,800 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 5 km:

Provided that this sub-paragraph shall be deemed to be complied with if the aircraft is flown at a speed which according to its airspeed indicator is 140 knots or less and remains clear of cloud, in sight of the surface and in a flight visibility of at least 1,800 metres;

• (iii) a helicopter flying at or below 3,000 feet above mean sea level shall remain clear of cloud and in sight of the surface or at least 1,800 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 5 km;

• (b) within airspace notified for the purposes of Schedule 8 to this Order an aircraft shall remain at least 1,800 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 10 km:

• Provided that in a control zone within such airspace, in the case of a special VFR flight the aircraft shall be flown in accordance with any instructions given by the appropriate air traffic control unit.

• (8) The expressions appearing in the “General Classification of Aircraft” set forth in Part A of Schedule 1 to this Order shall have the meanings thereby assigned to them.

• (9) The Interpretation Act 1978[^f00015] applies for the purpose of the interpretation of this Order and otherwise in relation thereto as it applies for the purpose of the interpretation of, and in relation to, an Act of Parliament of the United Kingdom, and as if this Order were such an Act of Parliament.

• (10) A power to make regulations under this Order shall include the power to make different provisions with respect to different circumstances and with respect to different parts of Hong Kong and to make such incidental and supplementary provisions as are necessary or expedient for carrying out the purposes of the Order.

• (11)

• (a) Any power conferred by this Order to issue, make, serve or grant any instrument shall be construed as including a power exercisable, in the like manner and subject to the like conditions, if any, to vary, revoke, cancel or otherwise terminate the instrument.

• (b) In this paragraph “instrument” includes any regulations, direction, instruction, rule or other requirement, any notice and any certificate, licence, approval, permission, exemption, authorisation, log book record or other document.

• (12) The Governor may delegate any person or body or the person holding any office designated by him to exercise or perform on his behalf any of his powers or duties under this Order other than the power to make regulations under Article 97 and thereupon, or from the date specified by the Governor, the person so delegated shall have and may exercise such powers and shall perform such duties, other than the power to make regulations under Article 97.

Saving

99

• (1) Subject to the provisions of Articles 73 and 77 of this Order, nothing in this Order or the regulations made thereunder shall confer any right to land in any place as against the owner of the land or other persons interested therein.

• (2) Nothing in this Order shall oblige the Governor to accept an application from the holder of any current certificate, licence, approval, permission, exemption or other document, being an application for the renewal of that document, or for the granting of another document in continuation or in substitution for the current document, if the application is made more than 60 days before the current document is due to expire.

Small aircraft

100

The provisions of this Order, other than Articles 48, 70, 98(1), and 98(8), shall not apply to or in relation to—

• (a) any balloon which at any stage of its flight is not more than 2 metres in any linear dimension including any basket or other equipment attached to the balloon;

• (b) any kite weighing not more than 2 kg;

• (c) any other aircraft weighing not more than 7 kg without its fuel;

• (d) any parachute including a parascending parachute.

Approval of persons to furnish reports

101

In relation to any of his functions pursuant to any of the provisions of this Order the Governor may, either absolutely or subject to such conditions as he thinks fit, approve a person as qualified to furnish reports to him and may accept such reports.

SCHEDULE 1

PART A — TABLE OF GENERAL CLASSIFICATION OF AIRCRAFT

Column 1	Column 2	Column 3	Column 4
Aircraft	{ Lighter than air aircraft	{ Non-power driven	{ Free balloon
Aircraft	{ Lighter than air aircraft	{ Non-power driven	{ Captive balloon
Aircraft	{ Lighter than air aircraft	{ Power driven	{ Airship
Aircraft	{ Heavier than air aircraft	{ Non-power driven	{ Glider
Aircraft	{ Heavier than air aircraft	{ Non-power driven	{ Kite
Aircraft	{ Heavier than air aircraft	{ Power driven (flying machines)	{ Aeroplane (Landplane)
Aircraft	{ Heavier than air aircraft	{ Power driven (flying machines)	{ Aeroplane (Seaplane)
Aircraft	{ Heavier than air aircraft	{ Power driven (flying machines)	{ Aeroplane (Amphibian)
Aircraft	{ Heavier than air aircraft	{ Power driven (flying machines)	{ Aeroplane (Self-launching motor glider)
Aircraft	{ Heavier than air aircraft	{ Power driven (flying machines)	{ Rotorcraft (Helicopter)
Aircraft	{ Heavier than air aircraft	{ Power driven (flying machines)	{ Rotorcraft (Gyroplane)

PART B — NATIONALITY AND REGISTRATION MARKS OF AIRCRAFT REGISTERED IN HONG KONG

1

The nationality mark of the aircraft shall be a group of two capital letters in Roman character assigned by the Governor on the registration of the aircraft. The letters shall be without ornamentation and a hyphen shall be placed between the nationality mark and the registration mark.

2

The nationality and registration marks shall be displayed to the best advantage, taking into consideration the constructional features of the aircraft and shall always be kept clean and visible.

3

The letters constituting each group of marks shall be of equal height and they, and the hyphen, shall all be of the same single colour which shall clearly contrast with the background on which they appear.

4

The nationality and registration marks shall also be inscribed, together with the name and address of the registered owner of the aircraft, on a fireproof metal plate affixed in a prominent position—

• (a) in the case of an aeroplane having an empty weight not exceeding 150 kg either in accordance with paragraph (c) or on the wing;

• (b) in the case of a balloon, on the basket or envelope; or

• (c) in the case of any other aircraft on the fuselage or car, as the case may be.

5

The nationality and registration marks shall be painted on the aircraft or shall be affixed thereto by any other means ensuring a similar degree of permanence in the following manner:

I

Position of marks

• (a) Flying Machines and Gliders

• (i) Horizontal Surfaces of the Wings or Fuselage (or equivalent structure).

• (aa) On aircraft having a fixed wing surface, the marks shall appear on the lower surface of the wing structure, and shall be on the left half of the lower surface of the wing structure unless they extend across the whole surface of both wings. So far as is possible the marks shall be located equidistant from the leading and trailing edges of the wings. The tops of the letters shall be towards the leading edge of the wing.

• (bb) On aircraft having no fixed wing surface and when owing to the structure of the aircraft the greatest height reasonably practicable for the marks on the vertical surface of the fuselage (or equivalent structure) is less than 15 centimetres the marks shall also appear on the lower surface of the fuselage on the line of symmetry and shall be placed with the tops of the letters towards the nose.

• (ii) Vertical Surfaces of the Tail or Fuselage (or equivalent structure): The marks shall also be on each side of the aircraft either on the fuselage or on the upper halves of the vertical tail surfaces. On aircraft having a fixed wing surface, the marks, if placed on the fuselage (or equivalent structure), shall be between the horizontal tail surfaces and the wing. When on a single vertical tail surface, the marks shall be on both sides. When there is more than one vertical tail surface, the marks shall be on the outer sides of the outboard vertical tail surfaces.

• (b) Airships and Free Balloons

• (i) Airships: The marks shall be on each side of the airship. They shall be placed horizontally either on the hull near the maximum cross-section of the airship or on the lower vertical stabiliser.

• (ii) Free Balloons: The marks shall be in two places diametrically opposite.

• (iii) In the case of all airships and free balloons the side marks shall be so placed as to be visible both from the sides and from the ground.

II

Size of Marks

• (a) Flying Machines and Gliders

• (i) Wings: The letters constituting each group of marks shall be of equal height. The height of the letters shall be at least 50 centimetres.

• (ii) Fuselage (or equivalent structure) or Vertical Tail Surfaces: The marks on the fuselage (or equivalent structure) shall not interfere with the visible outlines of the fuselage (or equivalent structure). The marks on the vertical tail surfaces shall be such as to leave a margin of at least 5 centimetres along each side of the vertical tail surface. The letters shall be of equal height. The height of the letters constituting each group of marks shall be at least 30 centimetres. Where marks are required to be carried out on the lower surface of aircraft having no fixed wing surface, the height of the marks shall be at least 50 centimetres:

• Provided that where owing to the structure of the aircraft the appropriate height specified in this sub-paragraph (ii) is not reasonably practicable, the height of the marks shall be the greatest height reasonably practicable in the circumstances consistent with compliance with Section III of this Part of this Schedule.

• (b) Airships and Free Balloons

• The letters constituting each group of marks shall be of equal height. The height of the letters shall be at least 50 centimetres.

III

Width and Spacing of Marks

• (a) The width of each letter (except the letter I) and the length of the hyphen between the nationality mark and registration mark shall be two-thirds of the height of a letter.

• (b) The letters and hyphen shall be formed by solid lines and shall be of a colour clearly contrasting with the background on which they appear. The thickness of the lines shall be one-sixth of the height of a letter.

• (c) Each letter shall be separated from the letter which it immediately precedes or follows by a space equal to half the width of a letter. A hyphen shall be regarded as a letter for this purpose.

PART C — AIRCRAFT DEALER'S CERTIFICATE—CONDITIONS

SCHEDULE 2 — A and B Conditions

The A Conditions and B Conditions referred to in Article 3(1), 7(1) and 39(7) of this Order are as follows:

• A Conditions The aircraft shall be either an aircraft in respect of which a certificate of airworthiness or validation has previously been in force under this Order, or an aircraft identical in design with an aircraft in respect of which such a certificate is or has been in force. The aircraft shall fly only for the purpose of enabling it to: qualify for the issue or renewal of a certificate of airworthiness or of the validation thereof or the approval of a modification of the aircraft, after an application has been made for each issue, renewal, validation or approval as the case may be; proceed to or from a place at which any inspection, approval, test or weighing of, or the installation of equipment in, the aircraft is to take place for a purpose referred to in sub-paragraph (a), after such an application has been made, or at which the installation of furnishings in, or the painting of, the aircraft is to be undertaken; or proceed to or from a place at which the aircraft is to be or has been stored. The aircraft and its engines shall be certified as fit for flight by the holder of an aircraft maintenance engineer’s licence granted under this Order, being a licence which entitles him to issue that certificate or by a person approved by the Governor for the purpose of issuing certificates under this condition, and in accordance with that approval. The aircraft shall carry the minimum flight crew specified in any certificate of airworthiness or validation, which has previously been in force under this Order in respect of the aircraft, or is or has previously been in force in respect of any other aircraft of identical design. The aircraft shall not carry any persons or cargo except persons performing duties in the aircraft in connection with the flight or persons who are carried in the aircraft to perform duties in connection with a purpose referred to in paragraph (2) of these Conditions. The aircraft shall not fly over any congested area of a city, town or settlement except to the extent that it is necessary to do so in order to take off from or land at a Government aerodrome or a licensed aerodrome, in accordance with normal aviation practice. Without prejudice to the provisions of Article 18(2) of this Order, the aircraft shall carry such flight crew as may be necessary to ensure the safety of the aircraft.

• B Conditions The flight shall be made under the supervision of a person approved by the Governor for the purpose of these Conditions, and subject to any additional conditions which may be specified in such approval. If it is not registered in Hong Kong or under the law of any country referred to in Article 3 of this Order, the aircraft shall be marked in a manner approved by the Governor for the purpose of these Conditions, and the provisions of Articles 14, 15, 19, 32, 35, 57 and 59 of this Order shall be complied with in relation to the aircraft as if it was registered in Hong Kong so far as such provisions are applicable to the aircraft in the circumstances. The aircraft shall fly only for the purpose of: experimenting with or testing the aircraft (including in particular its engines) and its equipment; enabling it to qualify for the issue of a certificate of airworthiness or the validation thereof, or the approval of a modification of the aircraft; proceeding to or from a place at which any experiment, inspection, approval, test or weighing of, or the installation of equipment in, the aircraft is to take place for a purpose referred to in sub-paragraph (a) or (b), or at which the installation of furnishings in, or the painting of, the aircraft is to be undertaken; or demonstrating the aircraft with a view to the sale of that aircraft or of other similar aircraft. Without prejudice to the provisions of Article 18(2) of this Order, the aircraft shall carry such flight crew as may be necessary to ensure the safety of the aircraft. The aircraft shall not carry any cargo, or any persons other than the flight crew except the following: persons employed by the operator who carry out during the flight duties in connection with the purposes specified in paragraph (3) of these Conditions; persons employed by manufacturers of component parts of the aircraft (including its engines) who carry out during the flight duties in connection with the purposes so specified; persons approved by the Governor under Article 101 of this Order as qualified to furnish reports for the purposes of Article 8 of this Order; persons, other than those carried under the preceding provisions of this paragraph, who are carried in the aircraft in order to carry out a technical evaluation of the aircraft or its operation. The aircraft shall not fly, except in accordance with procedures which have been approved by the Governor in relation to that flight, over any congested area of a city, town or settlement.

SCHEDULE 3 — CATEGORIES OF AIRCRAFT

• Transport Category (Passenger).

• Transport Category (Cargo).

• Aerial Work Category.

• Private Category.

• Special Category.

The purposes for which the aircraft may fly are as follows:

• Transport Category (Passenger): Any purpose.

• Transport Category (Cargo): Any purpose other than the public transport of passengers.

• Aerial Work Category: Any purpose other than public transport.

• Private Category: Any purpose other than public transport or aerial work.

• Special Category: Any purpose, other than public transport, specified in the certificate of airworthiness but not including the carriage of passengers unless expressly permitted.

SCHEDULE 4 — AERODROME MANUAL

Information and instructions relating to the following matters shall be included in the aerodrome manual referred to in Article 73 of this Order:

• (i) the name and status of the official in charge of day to day operation of the aerodrome together with the names and status of other senior aerodrome operating staff and instructions as to the order and circumstances in which they may be required to act as the official in charge;

• (ii) the system of aeronautical information service available;

• (iii) procedures for promulgating information concerning the aerodrome’s state;

• (iv) procedures for the control of access, vehicles and work in relation to the aerodrome manoeuvring area and apron;

• (v) procedures for complying with Article 86 of this Order and for the removal of disabled aircraft;

• (vi) in the case of an aerodrome which has facilities for fuel storage, procedures for complying with Article 82 of this Order;

• (vii) plans to a scale of 1:2500 depicting the layout of runways, taxiways and aprons, aerodrome markings, aerodrome lighting if such lighting is provided, and the siting of any navigational aids within the runway strip:

Provided that in the case of copies of the manual or extracts thereof provided or made available to a member of the aerodrome operating staff, the plans shall be of a scale reasonably appropriate for the purposes of Article 73(10) of this Order;

• (viii) in respect of an aerodrome in relation to which there is a notified instrument approach procedure, survey information sufficient to provide data for the production of aeronautical charts relating to that aerodrome;

• (ix) description, height and location of obstacles which infringe standard obstacle limitation surfaces, and whether they are lit;

• (x) data for and method of calculation of declared distances and elevations at the beginning and end of each declared distance;

• (xi) method of calculating reduced declared distances and the procedure for their promulgation;

• (xii) details of surfaces and bearing strengths of runways, taxiways and aprons;

• (xiii) the system of the management of air traffic in the airspace associated with the aerodrome, including procedures for the coordination of traffic with adjacent aerodromes, except any such information or procedures already published in any manual of air traffic services;

• (xiv) operational procedures for the routine and special inspection of the aerodrome manoeuvring area and aprons;

• (xv) if operations are permitted during periods of low visibility, procedures for the protection of the runways during such periods;

• (xvi) procedures for the safe integration of all aviation activities undertaken at the aerodrome;

• (xvii) procedures for the control of bird hazards;

• (xviii) procedures for the use and inspection of the aerodrome lighting system, if such a system is provided; and

• (xix) the scale of rescue, first aid and fire service facilities, the aerodrome emergency procedures and procedures to be adopted in the event of temporary depletion of the rescue and fire service facilities.

SCHEDULE 5 — AIRCRAFT EQUIPMENT

1

Every aircraft of a description specified in the first column of the Table set forth in paragraph 4 of this Schedule and which is registered in Hong Kong shall be provided, when flying in the circumstances specified in the second column of the said Table, with adequate equipment, and for the purpose of this paragraph the expression `adequate equipment' shall mean the scales of equipment respectively indicated in that Table:

2

The equipment carried in an aircraft as being necessary for the airworthiness of the aircraft shall be taken into account in determining whether this Schedule is complied with in respect of that aircraft.

3

The following items of equipment shall not be required to be of a type approved by the Governor:

• (a) The equipment referred to in Scale A (ii).

• (b) First aid equipment and handbook, referred to in Scale A.

• (c) Time-pieces, referred to in Scale F.

• (d) Torches, referred to in Scales G, H, K and Z.

• (e) Whistles, referred to in Scale H.

• (f) Sea anchors, referred to in Scales J and K.

• (g) Rocket signals, referred to in Scale J.

• (h) Equipment for mooring, anchoring or manoeuvring aircraft on the water, referred to in Scale J.

• (i) Paddles, referred to in Scale K.

• (j) Food and water, referred to in Scales K, U and V.

• (k) First aid equipment, referred to in Scales K, U and V.

• (l) Stoves, cooking utensils, snow shovels, ice saws, sleeping bags and Arctic suits, referred to in Scale V.

• (m) Megaphones, referred to in Scale Y1 and Y2.

4

Table

Description of Aircraft	Circumstances of Flight	Scale of Equipment Required
1 Gliders	a flying for purposes other than public transport or aerial work: and when flying by night;	A (ii)
1 Gliders	b flying for the purpose of public transport or aerial work: and	A, B(i) and (ii), D and F(i)
1 Gliders	i when flying by night	C and G
1 Gliders	ii when carrying out aerobatic manoeuvres	B (iii)
2 Aeroplanes	a flying for purposes other than public transport; and	A(i) and (ii) and B(i)
2 Aeroplanes	i when flying by night	C and D
2 Aeroplanes	ii when flying under Instrument Flight Rules
2 Aeroplanes	aa outside controlled airspace	D
2 Aeroplanes	bb within controlled airspace	E with E(iv) duplicated and F
2 Aeroplanes	iii when carrying out aerobatic manoeuvres	B (iii)
2 Aeroplanes	b flying for the purpose of public transport; and	A, B(i) and (ii), D and F(i)
2 Aeroplanes	i when flying under Instrument Flight Rules except flights outside controlled airspace by aeroplanes having a maximum total weight authorised not exceeding 1,150 kg.	E with E(iv) duplicated and F
2 Aeroplanes	ii when flying by night; and in the case of aeroplanes of which the maximum total weight authorised exceeds 1,150 kg.	C and G, E with E(iv) duplicated and F
2 Aeroplanes	iii when flying over water beyond gliding distance from land	H
2 Aeroplanes	iv on all flights on which in the event of any emergency occurring during the take-off or during the landing at the intended destination or any likely alternate destination it is reasonably possible that the aeroplane would be forced to land onto water	H
2 Aeroplanes	v when flying over water: aa in the case of an aeroplane: aaa classified in its certificate of airworthiness as being of performance group A, C or X; or bbb having no performance group classification in its certificate of airworthiness and of such a weight and performance that with any one of its power units inoperative and the remaining power unit or units operating within the maximum continuous power conditions specified in the certificate of air-worthiness, performance schedule or flight manual relating to the aeroplane issued or rendered valid by the Governor it is capable of a gradient of climb of at least 1 in 200 at an altitude of 5000 ft in the International Standard Atmosphere specified in or ascertainable by reference to the certificate of airworthiness in force in respect of that aircraft, when either more than 400 nautical miles or more than 90 minutes flying time from the nearest aerodrome at which an emergency landing can be made.	H and K
2 Aeroplanes	bb in the case of all other aeroplanes, when more than 30 minutes flying time[^f00016] from such an aerodrome.	H and K
2 Aeroplanes	vi on all flights which involve manoeuvres on water.	H, J and K
2 Aeroplanes	vii when flying at a height of 10,000ft or more above mean sea level:
2 Aeroplanes	aa having a certificate of airworthiness first issued (whether in Hong Kong or elsewhere) before 1 January 1989.	L1 or L2
2 Aeroplanes	bb having a certificate of airworthiness first issued (whether in Hong Kong or elsewhere) on or after 1 January 1989.	L2
2 Aeroplanes	viii on flights when the weather reports or forecasts available at the aerodrome at the time of departure indicate that conditions favouring ice formation are likely to be met.	M
2 Aeroplanes	ix when carrying out aerobatic manoeuvres.	B(iii)
2 Aeroplanes	x on all flights on which the aircraft carries a flight crew of more than one person.	N
2 Aeroplanes	xi on all flights for the purpose of the public transport of passengers.	Q and Y2(i), (ii) and (iii)
2 Aeroplanes	xii on all flights by a pressurised aircraft.	R2
2 Aeroplanes	xiii when flying over substantially uninhabited land areas where, in the event of an emergency landing, tropical conditions are likely to be met.	U
2 Aeroplanes	xiv when flying over substantially uninhabited land or other areas where, in the event of any emergency landing, polar conditions are likely to be met.	V
2 Aeroplanes	vx when flying at an altitude of more than 49,000 ft.	W
3 Turbine-jet aero-planes having a maximum total weight authorised exceeding 5,700 kg or pressurised aircraft having a maximum total weight authorised exceeding 11,400 kg.	when flying for the purpose of public transport.	O
4 Turbine-engined aeroplanes having a maximum total weight authorised exceeding 5,700 kg and piston-engined aeroplanes having a maximum total weight authorised exceeding 27,000 kg
a which are operated by an air transport undertaking under a certificate of airworthiness in the Transport Category (Passenger) or the Transport Category (Cargo); or	when flying on any flight	P
b in respect of which application has been made and not withdrawn or refused for such a certificate, and which fly under the `A Conditions' or under a certificate of airworthiness in the Special Category:	when flying on any flight	P
Provided that this paragraph shall not apply to aeroplanes falling within paragraphs (5) or (6) hereof.
5 Aeroplanes in respect of which there is in force a certificate of airworthiness in the Transport Category (Passenger) or Transport Category (Cargo) and aeroplanes in respect of which application has been made, and not withdrawn or refused, for such a certificate of airworthiness and which fly under the `A Conditions' or in respect of which there is in force a certificate of airworthiness in the Special Category:
a which conform to a type first issued with a type certificate (whether in Hong Kong or elsewhere) on or after 1 April 1971 and which have a maximum total weight authorised exceeding 5,700 kg but not exceeding 11,400 kg; or	when flying on any flight	S(i)
b which conform to a type first issued with a type certificate (whether in Hong Kong or elsewhere) on or after 1 April 1971 and which have a maximum total weight authorised exceeding 11,400 kg but not exceeding 27,000 kg; or	when flying on any flight	S(ii)
c which conform to a type first issued with a type certificate (whether in Hong Kong or elsewhere) on or after 1 April 1971 and which have a maximum total weight authorised exceeding 27,000 kg but not exceeding 230,000 kg: or	when flying on any flight	S(iii)
d which conform to a type first issued with a type certificate in Hong Kong on or after 1 January 1970 and which have a maximum total weight authorised exceeding 230,000 kg:	when flying on any flight	S (iii)
Provided that this paragraph shall not apply to aeroplanes falling within paragraph (6) hereof.
6 Aeroplanes in respect of which there is in force a certificate of airworthiness in the Transport Category (Passenger) or Transport Category (Cargo) and aeroplanes in respect of which application has been made, and not withdrawn or refused, for such a certificate of airworthiness and which fly under `A Conditions' or in respect of which there is in force a certificate of airworthiness in the Special Category:
a for which an individual certificate of airworthiness was first issued (whether in Hong Kong or elsewhere) on or after 1 June 1990 and which have a maximum total weight authorised not exceeding 5,700 kg, are powered by 2 or more turbine engines and are certified to carry more than 9 passengers; or	when flying on any flight	S(iv)
b for which an individual certificate of airworthiness was first issued (whether in Hong Kong or elsewhere) on or after 1 June 1990 and which have a maximum total weight authorised exceeding 5,700 kg, but not exceeding 27,000 kg; or	when flying on any flight	S(v)
c for which an individual certificate of airworthiness was first issued (whether in Hong Kong or elsewhere) on or after 1 June 1990 and which have a maximum total weight authorised exceeding 27,000 kg	when flying on any flight	S(vi)
7 Aeroplanes in respect of which there is in force a certificate of airworthiness in the Aerial Work or Private Category and for which an individual certificate of airworthiness was first issued (whether in Hong Kong or elsewhere) on or after 1 June 1990 and which have a maximum total weight authorised exceeding 27,000 kg.	when flying on any flight	S(vi)
8 Aeroplanes:
a which conform to a type first issued with a type certificate (whether in Hong Kong or elsewhere) on or after 1 April 1971 and having a maximum total weight authorised exceeding 27,000 kg and in respect of which there is in force a certificate of airworthiness in the Transport Category (Passenger) or the Transport Category (Cargo); or	when flying on any flight	T
b which conform to a type first issued with a type certificate in Hong Kong on or after 1 January 1970 and which have a maximum total weight authorised exceeding 230,000 kg and in respect of which there is in force such a certificate of airworthiness; or	when flying on any flight	T
c having a maximum total weight authorised exceeding 27,000 kg which conform to a type first issued with a type certificate on or after 1 April 1971 (or 1 January 1970 in the case of an aeroplane having a maximum total weight authorised exceeding 230,000 kg) in respect of which an application has been made, and not withdrawn or refused for such a certificate of airworthiness and which fly under the `A Conditions' or in respect of which there is in force a certificate of airworthiness in the Special Category.	when flying on any flight	T
9 Aeroplanes which have a maximum total weight authorised exceeding 15,000 kg or which in accordance with the certificate of airworthiness in force in respect thereof may carry more than 30 passengers.	on all flights for the purpose of public transport.	X
10 Aeroplanes:
a which are turbo-jets and which have a maximum total weight authorised exceeding 22,700 kg; or	when flying by night for the purpose of the public transport of passengers.	Z(i) and (ii)
b having a maximum total weight authorised exceeding 5,700 kg and which conform to a type for which a certificate of airworthiness was first applied for (whether in Hong Kong or elsewhere) after 30 April 1972 but not including any aeroplane which in the opinion of the Governor is identical in all matters affecting the provision of emergency evacuation facilities to an aeroplane for which a certificate of airworthiness was first applied for before that date; or	when flying by night for the purpose of the public transport of passengers	Z(i) and (ii)
c which in accordance with the certificate of airworthiness in force in respect thereof may carry more than 19 passengers; or	when flying by night for the purpose of the public transport of passengers	Z(i)
d having a maximum total weight authorised exceeding 5,700 kg and which conform to a type for which a certificate of airworthiness was first applied for (whether in Hong Kong or elsewhere) after 30 April 1972 but not including any aeroplane which in the opinion of the Governor is identical in all matters affecting the provision of emergency evacuation facilities to an aeroplane for which a certificate of airworthiness was first applied for before that date; or	when flying for the purpose of the public transport of passengers	Z(iii)
e which are turbo-jets and which have a maximum total weight authorised exceeding 22,700 kg; or	when flying for the purpose of the public transport of passengers	Z(iii)
f first issued with a type certificate (whether in Hong Kong or elsewhere) on or after 1 January 1958 and which in accordance with the certificate of airworthiness in force in respect thereof may carry more than 19 passengers.	when flying for the purpose of the public transport of passengers.	Z(iii)
11 Aeroplanes:
a powered by one or more turbine jets and first issued with a certificate of airworthiness in Hong Kong on or after 1 April 1989;	when flying on any flight	AA
b powered by one or more turbine jets and first issued with a certificate of airworthiness in Hong Kong prior to 1 April 1989;	when flying on any flight	AA
c powered by one or more turbine propeller engines and having a maximum total weight authorised exceeding 5,700 kg and first issued with a certificate of airworthiness in Hong Kong on or after 1 April 1989.	when flying on any flight	AA
12 Aeroplanes:
a which conform to a type first issued with a type certificate (whether in Hong Kong or elsewhere) on or after 1 April 1978 and in respect of which there is in force a certificate of airworthiness in the Transport Category (Passenger);	on all flights for the purpose of the public transport of passengers	Y2 (iv)
b which conform to a type first issued with a type certificate (whether in Hong Kong or elsewhere) on or after 1 April 1968 and before 1 April 1978 and in respect of which there is in force a certificate of airworthiness in the Transport Category (Passenger);	on all flights for the purpose of the public transport of passengers	Y2 (iv)
c which conform to a type first issued with a type certificate (whether in Hong Kong or elsewhere) before 1 April 1968 and in respect of which there is in force a certificate of airworthiness in the Transport Category (Passenger).	on all flights for the purpose of the public transport of passengers	Y2 (iv)
13 Helicopters and Gyroplanes	a flying for purposes other than public transport: and	A(i) and (ii) and B(i)
13 Helicopters and Gyroplanes	i when flying by day under Visual Flight Rules with visual ground reference ii when flying by day under Instrument Flight Rules or without visual ground reference	D
13 Helicopters and Gyroplanes	aa outside controlled airspace	E with E(ii) duplicated
13 Helicopters and Gyroplanes	bb within controlled airspace	E with E(ii) and E(iv) duplicated and F with F(iv) for all weights
13 Helicopters and Gyroplanes	iii when flying by night aa with visual ground reference bb without visual ground reference	C, E, G(iii) and G(v)
13 Helicopters and Gyroplanes	aaa outside controlled airspace	C, E with E(ii) duplicated, G(iii) and G(v)
13 Helicopters and Gyroplanes	bbb within controlled airspace	C, E with both E(ii) and E(iv) duplicated, F with F(iv) for all weights, G(iii) and G(v)
13 Helicopters and Gyroplanes	b flying for the purpose of public transport; and	A, B(i) and (ii), F(i) and F(iv) for all weights
13 Helicopters and Gyroplanes	i when flying by day under Visual Flight Rules with visual ground reference	D
13 Helicopters and Gyroplanes	ii when flying by day under Instrument Flight Rules or without visual ground reference iii when flying by night with visual ground reference	E with both E(ii) and E(iv) duplicated, F(ii), F(iii) and F(v)
13 Helicopters and Gyroplanes	aa in the case of a helicopter or gyroplane having a maximum total weight authorised not exceeding 2,000 kg	C, E and G
13 Helicopters and Gyroplanes	bb in the case of a helicopter or gyroplane having a maximum total weight authorised exceeding 2,000 kg	C, E with E(ii) duplicated and either E(iv) duplicated or a radio altimeter, F(ii), F(iii), F(v) and G
13 Helicopters and Gyroplanes	iv when flying by night without visual ground reference	C, E with both E(ii) and E(iv) duplicated, F(ii), F(iii), F(v) and G
13 Helicopters and Gyroplanes	v when flying over water aa in the case of a helicopter or gyroplane classified in its certificate of airworthiness as being of performance group A2 or B when beyond auto-rotational gliding distance from land suitable for an emergency landing	E and H
13 Helicopters and Gyroplanes	bb on all flights on which in the event of any emergency occurring during the take-off or during the landing at the intended destination or any likely alternate destination it is reasonably possible that the helicopter or gyroplane would be forced to land onto water	H
13 Helicopters and Gyroplanes	cc in the case of a helicopter or gyroplane classified in its certificate of airworthiness as being of performance group A2 when beyond 10 minutes flying time[^f00017] from land	E, H, K and T
13 Helicopters and Gyroplanes	dd for more than a total of 3 minutes in any flight	EE
13 Helicopters and Gyroplanes	ee in the case of a helicopter or gyroplane classified in its certificate of airworthiness as being of performance group A2 which is intended to fly beyond 10 minutes flying time from land, on a flight in support of or in connection with the offshore exploitation, or exploration of mineral resources (including gas) when the weather report or forecasts available to the commander of the aircraft indicate that the sea temperatrue will be less than plus 10°C during the flight or when any part of the flight is at night	I
13 Helicopters and Gyroplanes	vi on all flights which involve manoeuvres on water	H, J and K
13 Helicopters and Gyroplanes	vii when flying at a height of 10 000ft or more above mean sea level: aa having a certificate of airworthiness first issued (whether in Hong Kong or elsewhere) before 1 January 1989	L1 or L2
13 Helicopters and Gyroplanes	bb having a certificate of airworthiness first issued (whether in Hong Kong or elsewhere) on or after 1 January 1989	L2
13 Helicopters and Gyroplanes	viii on flights when the weather reports or forecasts available at the aerodrome at the time of departure indicate that conditions favouring ice formation are likely to be met	M
13 Helicopters and Gyroplanes	ix on all flights on which the aircraft carries a flight crew of more than one person	N
13 Helicopters and Gyroplanes	x on all flights for the purpose of the public transport of passengers	Y2(i), (ii) and (iii)
13 Helicopters and Gyroplanes	xi when flying over substantially uninhabited land areas where, in the event of an emergency landing, tropical conditions are likely to be met	U
13 Helicopters and Gyroplanes	xii when flying over substantially uninhabited land or other areas where, in the event of any emergency landing, polar conditions are likely to be met	V
14 Helicopters & Gyroplanes
a having a maximum total weight authorised exceeding 5,700 kg and which conform to a type for which a certificate of airworthiness was first applied for (whether in Hong Kong or elsewhere) after 30 April 1972 but not including any helicopter or gyroplane which in the opinion of the Governor is identical in all matters affecting the provision of emergency evacuation facilities to a helicopter or gyroplane for which a certificate of airworthiness was first applied for before that date; or	when flying by night for the purpose of the public transport of passengers	Z(i) and (ii)
b which, in accordance with the certificate of airworthiness in force in respect thereof may carry more than 19 passengers; or	when flying by night for the purpose of the public transport of passengers	Z(i)
c which have a certificate of airworthiness issued in the Transport Category (Passenger or Cargo) and which have either a maximum total weight authorised exceeding 2,730 kg or which may carry more than 9 passengers; or	when flying on any flight	S(vii)
d which have a certificate of airworthiness issued in the Transport Category (Passenger or Cargo) and helicopters and gyroplanes in respect of which application has been made and not withdrawn or refused for such a certificate of airworthiness and which fly under the “A Conditions” or which have a certificate of airworthiness in the Special Category and
i which have a maximum total weight authorised exceeding 2,730 kg but not exceeding 7,000 kg or which in accordance with the certificate of airworthiness in force in respect thereof may carry more than 9 passengers, or both	when flying on any flight	SS(i) or (iii)
ii which have a maximum total weight authorised exceeding 7,000 kg	when flying on any flight	SS(ii) or (iii)

5

The scales of equipment indicated in the foregoing Table shall be as follows:

• Scale A Spare fuses for all electrical circuits the fuses of which can be replaced in flight, consisting of 10 per cent of the number of each rating or three of each rating, whichever is the greater. Maps, charts, codes and other documents and navigational equipment necessary, in addition to any other equipment required under this Order, for the intended flight of the aircraft including any diversion which may reasonably be expected. First aid equipment of good quality, sufficient in quantity, having regard to the number of persons on board the aircraft, and including the following: Roller bandages, triangular bandages, adhesive plaster, absorbent gauze, cotton wool (or wound dressings in place of the absorbent gauze and cotton wool), burn dressings, safety pins; Haemostatic bandages or tourniquets, scissors; Antiseptic, analgesic and stimulant drugs; Splints, in the case of aeroplanes the maximum total weight authorised of which exceeds 5,700 kg; A handbook on first aid. In the case of a flying machine used for the public transport of passengers in which, while the flying machine is at rest on the ground, the sill of any external door intended for the disembarkation of passengers, whether normally or in an emergency: is more than 1.82 metres from the ground when the undercarriage of the machine is in the normal position for taxying; or would be more than 1.82 metres from the ground if the undercarriage or any part thereof should collapse, break or fail to function; apparatus readily available for use at each door consisting of a device or devices which will enable passengers to reach the ground safely in an emergency while the flying machine is on the ground, and can be readily fixed in position for use.

• Scale AA An altitude alerting system capable of alerting the pilot upon approaching a preselected altitude in either ascent or descent, by a sequence of visual and aural signals in sufficient time to establish level flight at that preselected altitude, and when deviating above or below that preselected altitude, by a visual and an aural signal: Provided that if the system becomes unserviceable, the aircraft may fly or continue to fly, until it first lands at a place at which it is reasonably practicable for the system to be repaired or replaced.