| (Cap 448, section 2A) [15 December 2000] L.N. 293 of 2000 (L.N. 151 of 2000) Cap 448F s 1 (Omitted as spent) (Omitted as spent) Cap 448F s 2 Interpretation In this Order, unless the context otherwise requires- "authorized person" (获授权人) means a person authorized by the Director under section 16; "commander" (机长), in relation to an aircraft, means the member of the aircraft crew designated as commander of that aircraft by the operator thereof, or, failing such a person, means the person who, for the time being, is the pilot in command of that aircraft; "Director" (处长) means the Director-General of Civil Aviation; (L.N. 326 of 2000) "operator" (经营人), in relation to an aircraft, means- (a) the person who for the time being has the management or control of that aircraft; and (b) any other person authorized by that person to use the aircraft to provide air services. Cap 448F s 3 Application (1) Subject to subsection (2), this Order shall apply to civil aircraft only. (2) This Order does not apply to- (a) balloons that are incapable of carrying passengers; or (b) hang gliders, kites, parachutes or model aircraft.(3) For the avoidance of doubt, "aircraft" (飞机) includes- (a) balloons that are capable of carrying passengers; and (b) aeroplanes, rotorcraft, airships and gliders. Cap 448F s 4 Exemption (1) The Director or any authorized person may exempt an aircraft or operator or commander of an aircraft from any provision of this Order- (a) where it is necessary for the safety of any aircraft or any of its passengers or members of the aircraft crew; or (b) for reasons of operational necessity.(2) The Director or any authorized person may, in exceptional circumstances, other than those specified in subsection (1), exempt an aircraft or operator or commander of an aircraft from any provision of this Order. Cap 448F s 5 Prohibition on landing or taking off without insurance (1) Subject to this Order, an aircraft shall not land or take off in Hong Kong unless there is in force in relation to the use of that aircraft in Hong Kong a policy of insurance that complies with section 6. (2) If an aircraft lands or takes off in contravention of subsection (1), the operator commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 1 year. (3) Subsection (1) does not apply to an aircraft that lands or takes off for reason of emergency. Cap 448F s 6 Requirements in respect of policy of insurance (1) For the purposes of section 5, the policy of insurance must be a policy that insures the operator in respect of any liability which may be incurred by him in respect of- (a) third party risks; (b) the death of or bodily injury to any passenger in the aircraft; (c) any destruction or loss of or damage to baggage carried on board the aircraft; (d) any destruction or loss of or damage to cargo carried on board the aircraft; and (e) any destruction or loss of or damage to mail carried on board the aircraft,arising out of or caused by the use of the aircraft in Hong Kong and arising out of any one event. (2) Subject to subsections (3) and (4), the policy of insurance must have a combined single limit coverage of not less than the applicable amount specified in the Schedule in respect of the liabilities mentioned in subsection (1). (3) The combined single limit coverage required under subsection (2)- (a) may include liabilities other than those mentioned in subsection (1), except for the liability in respect of damage to the hull of the aircraft of the operator; and (b) need not cover liability in respect of the death of or bodily injury to any person in the employment of the operator which arises out of and in the course of that person's employment.(4) The policy of insurance need not insure the operator in respect of a liability referred to in subsection (1)(b), (c), (d) or (e) if the aircraft does not carry passengers, baggage, cargo or mail, as the case may be, but the combined single limit coverage under such policy shall nevertheless be in an amount of not less than the applicable amount specified in the Schedule. (5) The policy of insurance may be in the form of a single policy or a combination of policies. Cap 448F s 7 Documentary proof of insurance to be carried on aircraft, etc. (1) The operator of an aircraft shall cause documentary proof of the policy of insurance required by section 5 to be- (a) carried on board the aircraft; or (b) made available at the aerodrome in Hong Kong at which the aircraft lands or takes off.(2) For the purposes of subsection (1), "documentary proof" (文件证明) means- (a) a legible copy of- (i) the policy of insurance; (ii) the certificate of insurance issued in respect of the policy of insurance; or (iii) other document evidencing the policy of insurance; and(b) where the term of the policy of insurance is due to expire imminently, proof in writing of continued insurance cover(3) An operator of an aircraft who without reasonable excuse contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5. |
