| (Cap 448, sections 12 and 13(6))* [21 October 1983] (L.N. 333 of 1983) _________________________________________________________________________________ Note: * These regulations were originally made under section 10 of the Civil Aviation Act 1949 (1949 c. 67 U.K.), as applied to Hong Kong by the Civil Aviation Act 1949 (Overseas Territories) Order 1969 (S.I. 1969/592 U.K.). See now sections 12 and 13(6) of the Civil Aviation Ordinance, enacted in 1994 (Cap 448). Cap 448B reg 1 Citation PART I PRELIMINARY These regulations may be cited as the Hong Kong Civil Aviation (Investigation of Accidents) Regulations. Cap 448B reg 2 Interpretation (1) In these regulations, unless the context otherwise requires- "accident" (意外) includes an incident and a reportable accident; "aerodrome authority" (机场主管当局) means, in relation to any aerodrome, the person (whether the Director or any other person) by whom the aerodrome is managed; "Chief Inspector" (总调查主任) means the Chief Inspector of Accidents appointed under regulation 8(1) and includes any deputy chief inspector; "commander" (机长) in relation to an aircraft means the member of the 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; "crew" (机员) includes every person employed or engaged in an aircraft in flight on the business of the aircraft; "Director" (处长) means the Director-General of Civil Aviation, the Deputy Director-General of Civil Aviation and any Assistant Director-General of Civil Aviation; (L.N. 326 of 2000) "incident" (事故) means any fortuitous or unexpected event, not being a reportable accident, by which the safety of an aircraft or any person is threatened; "Inspector" (调查主任) means a person appointed as an Inspector of Accidents under regulation 8(1); "operator" (经营人) in relation to an aircraft means the person for the time being having the management of that aircraft; "owner" (机主) means, where an aircraft is registered, the registered owner; "pilot in command" (指挥飞机的机师) 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; "reportable accident" (须予报告的意外) means an occurrence associated with the operation of an aircraft which takes place between the time when any person boards the aircraft with the intention of flight and such time as all persons have disembarked therefrom, in which- (a) any person suffers death or serious injury while in or upon the aircraft or by direct contact with any part of the aircraft (including any part which has become detached from the aircraft) or by direct exposure to jet blast, except when the death or serious injury is from natural causes, is self-inflicted or is inflicted by other persons or when the death or serious injury is suffered by a stowaway hiding outside the areas normally available in flight to the passengers and members of the crew of the aircraft; or (b) the aircraft incurs damage or structural failure, other than- (i) engine failure or damage, when the damage is limited to the engine, its cowling or accessories; (ii) damage limited to propellers, wing tips, antennae, tyres, brakes, fairings, small dents or punctured holes in the aircraft skin, which adversely affects its structural strength, performance or flight characteristics and which would normally require major repair or replacement of the affected component; or(c) the aircraft is missing or is completely inaccessible;"serious injury" (严重损伤) means an injury which is sustained by person in a reportable accident and which- (a) requires his stay in hospital for more than 48 hours commencing within 7 days from the date on which the injury was received; or (b) results in a fracture of any bone (except simple fractures of fingers, toes or nose); or (c) involves lacerations which cause nerve, muscle or tendon damage or severe haemorrhage; or (d) involves injury to any internal organ; or (e) involves second or third degree burns or any burns affecting more than 5 per cent of the body surface;and "seriously injured" (受到严重损伤) shall be construed accordingly. (2) Any notice or other document required or authorized by any provision of these regulations to be served or given to any person may be served or given by delivering it to him or by sending it to him by post at his usual or last-known residence or place of business, whether in Hong Kong or elsewhere. [cf. S.I. 1983/551 r. 2 U.K.] Cap 448B reg 3 Application of regulations These regulations relate only to civil aviation and shall apply to accidents arising out of or in the course of air navigation which occur to civil aircraft in or over Hong Kong or elsewhere to civil aircraft registered in Hong Kong. [cf. S.I. 1983/551 r. 3 U.K.] |
