| (Words repealed by 66 of 1997 s. 12) [All provisions (other than Article 74) } 1 December 1995 Article 74 } 1 June 1996] (L.N. 561 of 1995) Cap 448C s 1 Citation CITATION, COMMENCEMENT AND REVOCATION (1) This Order may be cited as the Air Navigation (Hong Kong) Order 1995. (2)-(3) (Omitted as spent) Cap 448C s 2 Revocation and transitional provisions (1) Subject to paragraph (2), the Air Navigation (Overseas Territories) Order 1977(a), the Air Navigation (Overseas Territories) (Amendment) Order 1977(b) and the Air Navigation (Overseas Territories) (Second Amendment) Order 1978(c) are hereby revoked. (2) (a) Article 69 of the Air Navigation (Overseas Territories) Order 1977 is revoked as from 1st June 1996. (b) Article 70 of the Air Navigation (Overseas Territories) Order 1977 is revoked as from 1st December 1996. (c) The Orders mentioned in paragraph (1) shall remain in operation until 1st June 1996 for the purposes of applying the provision mentioned in sub-paragraph (a), and until 1st December 1996 for the purposes of applying the provision mentioned in sub-paragraph (b). (d) (i) Until 1st December 1996, the Governor may, either generally, or for a particular period, or in any particular case or class of cases, apply, as seems to him to be appropriate, either the provisions of Articles 8(7), 9 and 11 of the Air Navigation (Overseas Territories) Order 1977(d) or the provisions of Articles 8(7), 9 and 11 of this Order. (ii) In any case where in accordance with sub-paragraph (d)(i) the Governor applies the provisions of Articles 8(7), 9 and 11 of the Air Navigation (Overseas Territories) Order 1977, then- (aa) the Orders mentioned in paragraph (1) shall remain in operation until 1st December 1996 for the purposes of applying Articles 8(7), 9 and 11 of the Air Navigation (Overseas Territories) Order 1977; and (bb) any reference in this Order to a "certificate of maintenance review" or to a "certificate of release to service" shall be construed as a reference respectively, to a "certificate of maintenance" or to a "certificate of compliance".(3) This Article shall apply to the Orders mentioned therein and to the provisions of any Order mentioned therein only insofar as the Order or those provisions form part of the law of Hong Kong. (4) Notwithstanding the revocation of the Orders mentioned in paragraph (1) of this Article, any instrument (that is to say any regulation*, direction, instrument, rule or other requirement, any notice and any certificate, licence, approval, permission, exemption, log book, record or other document) issued, made, served or granted under those Orders, or under any enactment revoked by any of those Orders, if in force at the commencement of this Order, shall (except to the extent that such instrument is inconsistent with the provisions of this Order, and without prejudice to Article 62 of this Order or to any power to amend any such instrument) continue in force until superseded, revoked or otherwise terminated and, so far as it could have been issued, made, served or granted under this Order, shall have effect as if issued, made, served or granted under this Order and this Order shall apply to or in relation to such instrument accordingly: Provided that any such instrument which is expressed to remain in force for a definite period shall not remain in force after the expiration of that period unless it shall be renewed in accordance with the provisions of this Order or in accordance with any prescribed provisions. _________________________________________________________________________________ Note: (a) S.I. 1977/422. (b) S.I. 1977/820. (c) S.I. 1978/1520. (d) Article 11 of the Air Navigation (Overseas Territories) Order 1977 was amended by Article 2(2) of the Air Navigation (Overseas Territories) (Second Amendment) Order 1978. * See the Hong Kong Air Navigation (Fees) Regulations (Cap 448 sub. leg.) (formerly R. Ed. 1987. App. I, p. N1) Cap 448C s 3 Aircraft to be registered Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 PART I REGISTRATION AND MARKING OF AIRCRAFT (1) An aircraft shall not fly in or over Hong Kong unless it is registered in: (a) (Repealed 36 of 1999 s. 3) (b) a Contracting State; or (c) some other country in relation to which there is in force an agreement between the Central People's Government or the Government of the Hong Kong Special Administrative Region and the Government of that country which makes provision for the flight over Hong Kong of aircraft registered in that country; (36 of 1999 s. 3) Provided that: (i) any aircraft may fly unregistered on any flight which: (a) begins and ends in Hong Kong without passing over any other country; and (b) is in accordance with the "B Conditions" set forth in Schedule 2 to this Order.(ii) this paragraph shall not apply to any kite or captive balloon.(2) If an aircraft flies over Hong Kong in contravention of paragraph (1) of this Article in such manner or circumstances that if the aircraft had been registered in Hong Kong an offence against this Order or any regulations made thereunder would have been committed, the like offence shall be deemed to have been committed in respect of that aircraft. |
