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(Words repealed by 66 of 1997 s. 12) [All provisions (other than Article 74) } 1 December 1995 Article 74 } 1 June 1996] (L.N. 561 of 1995) Cap 448C s 1 Citation CITATION,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. Cap 448C s 4 Registration of aircraft in Hong Kong Remarks: Adaptation amendments retroactively made - see 28 of 1998 s. 2; 36 of 1999 s. 3 (1) The Chief Executive shall be the authority for the registration of aircraft in Hong Kong. He may cause a register to be kept and may record therein the particulars specified in paragraph (7) of this Article in either a legible or a non-legible form, so long as the recording is capable of being reproduced in a legible form. (2) Subject to the provisions of this Article, an aircraft shall not be registered or continue to be registered in Hong Kong if it appears to the Chief Executive that: (a) the aircraft is registered outside Hong Kong and that such registration does not cease by operation of law upon the aircraft being registered in Hong Kong; or (b) an unqualified person holds any legal or beneficial interest by way of ownership in the aircraft or any share therein; or (c) the aircraft could more suitably be registered in some other country or territory; or (d) it would be inexpedient in the public interest for the aircraft to be or to continue to be registered in Hong Kong.(3) The following persons and no others shall be qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in Hong Kong or a share therein: (a) the Central People's Government or the Government of the Hong Kong Special Administrative Region; (28 of 1998 s. 2) (b) Chinese citizens; (28 of 1998 s. 2) (c) permanent residents of the Hong Kong Special Administrative Region; (28 of 1998 s. 2) (d) bodies- (i) incorporated in Hong Kong or other parts of the People's Republic of China or incorporated under the law of Hong Kong; and (ii) having their principal place of business in Hong Kong or in other parts of the People's Republic of China. (28 of 1998 s. 2)(4) If an unqualified person residing or having a place of business in Hong Kong holds a legal or beneficial interest by way of ownership in an aircraft, or a share therein, the Chief Executive, upon being satisfied that the aircraft may otherwise be properly so registered, may register the aircraft in Hong Kong. The person aforesaid shall not cause or permit the aircraft, while it is registered in pursuance of this paragraph, to be used for the purpose of public transport or aerial work. (5) If an aircraft is chartered by demise to a person qualified as aforesaid the Chief Executive may, whether or not an unqualified person is entitled as owner to a legal or beneficial interest therein, register the aircraft in Hong Kong in the name of the charterer upon being satisfied that the aircraft may otherwise be properly so registered, and subject to the provisions of this Article the aircraft may remain so registered during the continuation of the charter. (6) Application for the registration of an aircraft in Hong Kong shall be made in writing to the Chief Executive, and shall include or be accompanied by such particulars and evidence relating to the aircraft and the ownership and chartering thereof as he may require to enable him to determine whether the aircraft may properly be registered in Hong Kong and to issue the certificate referred to in paragraph (8) of this Article. In particular, the application shall include the proper description of the aircraft according to column 4 of the "General Classification of Aircraft" set forth in Part A of Schedule 1 to this Order. (7) Upon receiving an application for the registration of an aircraft in Hong Kong and being satisfied that the aircraft may properly be so registered, the Chief Executive shall register the aircraft, wherever it may be, and shall include in the register the following particulars: (a) the number of the certificate; (b) the nationality mark of the aircraft, and the registration mark assigned to it by the Chief Executive; (c) the name of the constructor of the aircraft and its designation; (d) the serial number of the aircraft; and (e) (i) the name and address of every person who is entitled as owner to a legal interest in the aircraft or a share therein, or, in the case of an aircraft which is the subject of a charter by demise, the name and address of the charterer by demise; and (ii) in the case of an aircraft registered in pursuance of paragraph (4) or (5) of this Article, an indication that it is so registered.(8) The Chief Executive shall furnish to the person in whose name the aircraft is registered (hereinafter in this Article referred to as "the registered owner") a certificate of registration, which shall include the foregoing particulars and the date on which the certificate was issued: Provided that the Chief Executive shall not be required to furnish a certificate of registration if the registered owner is the holder of an aircraft dealer's certificate granted under this Order who has made to the Chief Executive and has not withdrawn a statement of his intention that the aircraft is to fly only in accordance with the conditions set forth in Part C of Schedule 1 to this Order, and in that case the aircraft shall fly only in accordance with those conditions. (9) The Chief Executive may grant to any person qualified as aforesaid an aircraft dealer's certificate if he is satisfied that he has a place of business in Hong Kong for buying and selling aircraft. (10) Subject to paragraphs (4) and (5) of this Article, if at any time after an aircraft has been registered in Hong Kong an unqualified person becomes entitled to a legal or beneficial interest by way of ownership in the aircraft or a share therein, the registration of the aircraft shall thereupon become void and the certificate of registration shall forthwith be returned by the registered owner to the Chief Executive. (11) Any person who is the registered owner of an aircraft registered in Hong Kong shall forthwith inform the Chief Executive in writing of: (a) any change in the particulars which were furnished to the Chief Executive upon application being made for the registration of the aircraft; (b) the destruction of the aircraft, or its permanent withdrawal from use; (c) in the case of an aircraft registered in pursuance of paragraph (5) of this Article, the termination of the demise charter.(12) Any person who becomes the owner of an aircraft registered in Hong Kong shall within 28 days inform the Chief Executive in writing to that effect. (13) The Chief Executive may, whenever it appears to him necessary or appropriate to do so for giving effect to this Part of this Order or for bringing up to date or otherwise correcting the particulars entered on the register, amend the register or, if he thinks fit, may cancel the registration of the aircraft, and shall cancel that registration within two months of being satisfied that there has been a change in the ownership of the aircraft. (14) Deleted. (15) In this Article references to an interest in an aircraft do not include references to an interest in an aircraft to which a person is entitled only by virtue of his membership of a flying club and the reference in paragraph (11) of this Article to the registered owner of an aircraft includes in the case of a deceased person, his legal personal representative, and in the case of a body corporate which has been dissolved, its successor. (16) Nothing in this Article shall require the Chief Executive to cancel the registration of an aircraft if in his opinion it would be inexpedient in the public interest to do so. (17) The Chief Executive shall transmit to the Central People's Government particulars of all registrations and of changes in or cancellations of registrations, entered in the register. (36 of 1999 s. 3) Cap 448C s 5 Nationality and registration marks Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) An aircraft (other than an aircraft permitted by or under this Order to fly without being registered) shall not fly unless it bears painted thereon or affixed thereto, in the manner required by the law of the country in which it is registered, the nationality and registration marks required by that law. (2) The marks to be borne by aircraft registered in Hong Kong shall comply with Part B of Schedule 1 to this Order. (3) An aircraft shall not bear any marks which purport to indicate: (a) that the aircraft is registered in a country in which it is not in fact registered, provided that marks approved by the Chief Executive for the purposes of flights in accordance with the "B Conditions" contained in Schedule 2 to this Order shall be deemed not to purport to indicate that the aircraft is so registered; or (36 of 1999 s. 3) (b) that the aircraft is a State aircraft of a particular country if it is not in fact such an aircraft, unless the appropriate authority of that country has sanctioned the bearing of such marks. Cap 448C s 6 Issue of air operators' certificates Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 PART II AIR OPERATORS' CERTIFICATES (1) An aircraft registered in Hong Kong shall not fly on any flight for the purpose of public transport, otherwise than under and in accordance with the terms of an air operator's certificate granted to the operator of the aircraft under paragraph (2) of this Article, certifying that the holder of the certificate is competent to secure that aircraft operated by him on such flights as that in question are operated safely. (2) The Chief Executive may grant to any person applying therefor an air operator's certificate if he is satisfied that that person is competent, having regard in particular to his previous conduct and experience, his equipment, organization, staffing, maintenance and other arrangements, to secure the safe operation of aircraft of the types specified in the certificate on flights of the description and for the purposes so specified. The certificate may be granted subject to such conditions as the Chief Executive thinks fit and shall, subject to the provisions of Article 62 of this Order, remain in force for the period specified in the certificate. (36 of 1999 s. 3) Cap 448C s 7 Certificate of airworthiness to be in force Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 PART III AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT (1) An aircraft shall not fly unless there is in force in respect thereof a certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered, and any conditions subject to which the certificate was issued or rendered valid are complied with: Provided that the foregoing prohibition shall not apply to flights, beginning and ending in Hong Kong without passing over any other country, of: (a) a glider, if it is not being used for the public transport of passengers or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests in a glider owned or operated by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members; (b) a balloon, if it is not being used for the public transport of passengers; (c) a kite; (d) an aircraft flying in accordance with the "A Conditions" or the "B Conditions" set forth in Schedule 2 to this Order; and (e) an aircraft flying in accordance with the conditions of a permit to fly issued by the Chief Executive in respect of that aircraft. (36 of 1999 s. 3)(2) In the case of an aircraft registered in Hong Kong the certificate of airworthiness referred to in paragraph (1) of this Article shall be a certificate issued or rendered valid in accordance with the provisions of Article 8 of this Order. Cap 448C s 8 Issue, renewal, etc., of certificates of airworthiness Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) The Chief Executive shall issue in respect of any aircraft a certificate of airworthiness if he is satisfied that the aircraft is fit to fly having regard to: (a) the design, construction, workmanship and materials of the aircraft (including in particular any engines fitted therein), and of any equipment carried in the aircraft which he considers necessary for the airworthiness of the aircraft; and (b) the results of flying trials, and such other tests of the aircraft as he may require:Provided that, if the Chief Executive has issued a certificate of airworthiness in respect of an aircraft which, in his opinion, is a prototype aircraft or a modification of a prototype aircraft, he may dispense with flying trials in the case of any other aircraft if he is satisfied that it conforms to such prototype or modification. (2) Every certificate of airworthiness shall specify such categories as are, in the opinion of the Chief Executive, appropriate to the aircraft in accordance with Schedule 3 to this Order and the certificate shall be issued subject to the condition that the aircraft shall be flown only for the purposes indicated in the said Schedule in relation to those categories. (3) The Chief Executive may issue the certificate of airworthiness subject to such other conditions relating to the airworthiness of the aircraft as he thinks fit. (4) The certificate of airworthiness may designate the performance group to which the aircraft belongs for the purposes of the requirements referred to in Article 29(1) of this Order. (5) The Chief Executive may, subject to such conditions as he thinks fit, issue a certificate of validation rendering valid for the purposes of this Order a certificate of airworthiness issued in respect of any aircraft under the law of any country other than Hong Kong. (6) Subject to the provisions of this Article and of Article 62 of this Order, a certificate of airworthiness or validation issued under this Article shall remain in force for such period as may be specified therein, and may be renewed from time to time by the Chief Executive for such further period as he thinks fit. (7) A certificate of airworthiness or a certificate of validation issued in respect of an aircraft shall cease to be in force: (a) if the aircraft, or such of its equipment as is necessary for the airworthiness of the aircraft, is overhauled, repaired or modified, or if any part of the aircraft or of such equipment is removed or is replaced, otherwise than in a manner and with material of a type approved by the Chief Executive either generally or in relation to a class of aircraft or to the particular aircraft; (b) until the completion of any inspection of the aircraft or of any such equipment as aforesaid, being an inspection made for the purpose of ascertaining whether the aircraft remains airworthy and: (i) classified as mandatory by the Chief Executive; (ii) required by a maintenance schedule approved by the Chief Executive in relation to that aircraft; or(c) until the completion to the satisfaction of the Chief Executive of any modification of the aircraft or of any such equipment as aforesaid, being a modification required by the Chief Executive for the purpose of ensuring that the aircraft remains airworthy.(8) Nothing in this Order shall oblige the Chief Executive to accept an application for the issue of a certificate of airworthiness or validation or for the variation or renewal of any such certificate when the application is not supported by such reports from such approved persons as the Chief Executive may specify (either generally or in a particular case or class of cases). (36 of 1999 s. 3) Cap 448C s 9 Certificate of maintenance review Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) An aircraft registered in Hong Kong in respect of which a certificate of airworthiness in either the transport or in the aerial work category is in force shall not fly unless: (a) the aircraft (including in particular its engines), together with its equipment and radio station, is maintained in accordance with a maintenance schedule approved by the Chief Executive in relation to that aircraft; and (36 of 1999 s. 3) (b) there is in force a certificate (in this Order referred to as a "certificate of maintenance review") issued in respect of the aircraft in accordance with the provisions of this Article and such certificate shall certify the date on which the maintenance review was carried out and the date thereafter when the next review is due.(2) The approved maintenance schedule referred to in paragraph (1) of this Article shall specify the occasions on which a review must be carried out for the purposes of issuing a certificate of maintenance review. (3) A certificate of maintenance review may be issued for the purposes of this Article only by: (a) the holder of an aircraft maintenance engineer's licence: (i) granted under this Order being a licence which entitles him to issue that certificate; or (ii) granted under the law of a country other than Hong Kong and rendered valid under this Order in accordance with the privileges endorsed on the licence; (iii) (Repealed 36 of 1999 s. 3)(b) a person whom the Chief Executive has authorized to issue a certificate of maintenance review in a particular case, and in accordance with that authority; or (c) a person approved by the Chief Executive as being competent to issue such certificates, and in accordance with that approval:Provided that, in approving a maintenance schedule, the Chief Executive may direct that certificates of maintenance review relating to that schedule, or to any part thereof specified in its direction, may be issued only by the holder of such a licence as is so specified. (36 of 1999 s. 3) (4) A person referred to in paragraph (3) of this Article shall not issue a certificate of maintenance review unless he has first verified that: (a) maintenance has been carried out on the aircraft in accordance with the maintenance schedule approved for that aircraft; (b) inspections and modifications required by the Chief Executive as provided in Article 8 of this Order have been completed as certified in the relevant certificate of release to service issued in accordance with Article 11 of this Order; (36 of 1999 s. 3) (c) defects entered in the technical log of the aircraft in accordance with Article 10 of this Order have been rectified or the rectification thereof has been deferred in accordance with procedures approved by the Chief Executive; and (36 of 1999 s. 3) (d) certificates of release to service have been issued in accordance with Article 11 of this Order;and for this purpose the operator of the aircraft shall make available to that person such information as is necessary. (5) A certificate of maintenance review shall be issued in duplicate. One copy of the most recently issued certificate shall be carried in the aircraft when Article 57 of this Order so requires, and the other shall be kept by the operator elsewhere than in the aircraft. (6) Subject to the provisions of Article 61 of this Order, each certificate of maintenance review shall be preserved by the operator of the aircraft for a period of two years after it has been issued. (7) For the purpose of this Article a "person" may include a body corporate. Cap 448C s 10 Technical log Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) A technical log shall be kept in respect of an aircraft registered in Hong Kong being an aircraft in respect of which a certificate of airworthiness in either the transport or in the aerial work category is in force or in respect of any other aircraft when the Chief Executive so requires. (2) At the end of every flight by an aircraft to which the provisions of this Article apply the commander of the aircraft shall enter: (a) the times when the aircraft took off and landed; (b) particulars of any defect which is known to him and which affects the airworthiness or safe operation of the aircraft, or if no such defect is known to him, an entry to that effect; and (c) such other particulars in respect of the airworthiness or operation of the aircraft as the Chief Executive may require;in a technical log, or, in the case of an aircraft of which the maximum total weight authorised does not exceed 2730 kg and which is not operated by a person who is the holder of or is required by Article 6(1) of this Order to hold an air operator's certificate in such other record as the Chief Executive shall approve and he shall sign and date such entries: Provided that in the case of a number of consecutive flights each of which begins and ends: (i) within the same period of 24 hours; (ii) at the same aerodrome, except where each such flight is for the purpose of dropping or projecting any material for agricultural, public health or similar purposes; and (iii) with the same person as commander of the aircraft;the commander of an aircraft may, except where he becomes aware of a defect during an earlier flight, make the entries as aforesaid in a technical log at the end of the last of such consecutive flights. (3) Upon the rectification of any defect which has been entered in a technical log in accordance with paragraph (2) of this Article a person issuing a certificate of release to service required by Article 11 of this Order in respect of that defect shall enter the certificate in the technical log in such a position as to be readily identifiable with the defect to which it relates. (4) The technical log referred to in this Article shall be carried in the aircraft when Article 57 of this Order so requires and copies of the entries referred to in this Article shall be kept on the ground: Provided that, in the case of an aeroplane of which the maximum total weight authorised does not exceed 2730 kg, or a helicopter, if it is not reasonably practicable for the copy of the technical log to be kept on the ground it may be carried in the aeroplane or helicopter, as the case may be, in a container approved by the Chief Executive for that purpose. (5) Subject to the provisions of Article 61 of this Order, a technical log or such other approved record required by this Article shall be preserved by the operator of the aircraft to which it relates until a date two years after the aircraft has been destroyed or has been permanently withdrawn from use, or for such shorter period as the Chief Executive may permit in a particular case. (36 of 1999 s. 3) Cap 448C s 11 Inspection, overhaul, repair, replacement and modification Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) Except as provided in paragraph (2) of this Article an aircraft registered in Hong Kong, being an aircraft in respect of which a certificate of airworthiness issued or rendered valid under this Order is in force, shall not fly unless there is in force a certificate (in this Order referred to as a "certificate of release to service") issued in accordance with this Article if the aircraft or any part of the aircraft or such of its equipment as is necessary for the airworthiness of the aircraft has been overhauled, repaired, replaced, modified, maintained, or has been inspected as provided in Article 8(7)(b) of this Order, as the case may be: Provided that if a repair or replacement of a part of an aircraft or its equipment is carried out when the aircraft is at such a place that it is not reasonably practicable: (a) for the repair or replacement to be carried out in such a manner that a certificate of release to service can be issued under this Article in respect thereof; or (b) for such certificate to be issued while the aircraft is at that place;it may fly to a place at which such certificate can be issued, being the nearest place: (i) to which the aircraft can, in the reasonable opinion of the commander thereof, safely fly by a route for which it is properly equipped; and (ii) to which it is reasonable to fly having regard to any hazards to the liberty or health of any person on board;and in such case the commander of the aircraft shall cause written particulars of the flight, and the reasons for making it, to be given to the Chief Executive within ten days thereafter. (2) Nothing in paragraph (1) of this Article shall require a certificate of release to service to be in force in respect of an aircraft of which the maximum total weight authorized does not exceed 2730 kg and in respect of which a certificate of airworthiness of the special category is in force, unless the Chief Executive gives a direction to the contrary in a particular case. (3) Nothing in paragraph (1) of this Article shall prevent an aircraft in respect of which there is in force a certificate of airworthiness in the private or special categories and whose maximum total weight authorised does not exceed 2730 kg from flying if the only repairs or replacements in respect of which a certificate of release to service is not in force are of such a description as are specified in Regulation 15 in Schedule 15 to this Order and have been carried out personally by the owner or operator of the aircraft being the holder of a pilot's licence granted or rendered valid under this Order. In that event the owner or operator, as the case may be, of the aircraft, shall keep in the aircraft log book kept in respect of the aircraft pursuant to Article 15 of this Order a record which identifies the repair or replacement and shall sign and date the entries and, subject to the provisions of Article 61 of this Order, shall preserve the log book for the period specified in Article 15 of this Order. Any equipment or parts used in carrying out such repairs or replacements shall be of a type approved by the Chief Executive whether generally or in relation to a class of aircraft or one particular aircraft. (4) Neither: (a) requipment provided in compliance with Schedule 5 to this Order (except paragraph (3) thereof); nor (b) radio apparatus provided for use in an aircraft or in any survival craft carried in an aircraft, whether or not such apparatus is provided in compliance with this Order or any regulations made thereunder;shall be installed or placed on board for use in an aircraft registered in Hong Kong after being overhauled, repaired, modified or inspected, unless there is in force in respect thereof at the time when it is installed or placed on board a certificate of release to service issued in accordance with this Article. (5) A certificate of release to service shall: (a) certify that the aircraft or any part thereof or its equipment has been overhauled, repaired, replaced, modified or maintained, as the case may be in a manner and with material of a type approved by the Chief Executive either generally or in relation to a class of aircraft or the particular aircraft and shall identify the overhaul, repair, replacement, modification or maintenance to which the certificate relates and shall include particulars of the work done; or (b) certify in relation to any inspection required by the Chief Executive that the aircraft or the part thereof or its equipment, as the case may be, has been inspected in accordance with the requirements of the Chief Executive and that any consequential repair, replacement or modification has been carried out as aforesaid.(6) A certificate of release to service may be issued for the purposes of this Article only by: (a) the holder of an aircraft maintenance engineer's licence: (i) granted under this Order, being a licence which entitles him to issue that certificate; or (ii) granted under the law of a country other than Hong Kong and rendered valid under this Order, in accordance with the privileges endorsed on the licence; (iii) (Repealed 36 of 1999 s. 3)(b) the holder of an aircraft maintenance engineer's licence or authorisation as such an engineer granted or issued by or under the law of any Contracting State other than Hong Kong in which the overhaul, repair, replacement, modification or inspection has been carried out, but only in respect of aircraft of which the maximum total weight authorised does not exceed 2730 kg and in accordance with the privileges endorsed on the licence; (c) a person approved by the Chief Executive as being competent to issue such certification, and in accordance with that approval; (d) a person whom the Chief Executive has authorised to issue the certificate in a particular case, and in accordance with that authority; or (e) in relation only to the adjustment and compensation of direct reading magnetic compasses, the holder of an Airline Transport Pilot's Licence (Aeroplanes) or a Flight Navigator's Licence granted or rendered valid under this Order.(7) Subject to the provisions of Article 61 of this Order, a certificate of release to service shall be preserved by the operator of the aircraft to which it relates for the period of time for which he is required to preserve the log book relating to the same part of the aircraft or to the same equipment or apparatus as the case may be. (8) In this Article, the expression "repair" includes in relation to a compass the adjustment and compensation thereof and the expression "repaired" shall be construed accordingly. (9) For the purpose of this Article "a person" may include a body corporate. (36 of 1999 s. 3) Cap 448C s 12 Licensing of maintenance engineers Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) The Chief Executive shall grant aircraft maintenance engineer's licences, subject to such conditions as he thinks fit, upon his being satisfied that the applicant is a fit person to hold the licence and has furnished such evidence and passed such examinations and tests as the Chief Executive may require of him for the purpose of establishing that he has sufficient knowledge, experience, competence and skill in aeronautical engineering. (2) An aircraft maintenance engineer's licence shall authorise the holder, subject to such conditions as may be specified in the licence, to issue: (a) certificates of a maintenance review in respect of such aircraft as may be so specified; (b) certificates of release to service in respect of such overhauls, repairs, replacements, modifications, maintenance and inspections of such aircraft and such equipment as may be so specified; or (c) certificates of fitness for flight under "A Conditions" in respect of such aircraft as may be so specified.(3) A licence shall, subject to the provisions of Article 62 of this Order, remain in force for the period specified therein, not exceeding five years, but may be renewed by the Chief Executive from time to time upon his being satisfied that the applicant is a fit person and is qualified as aforesaid. (4) The Chief Executive may issue a certificate rendering valid for the purposes of this Order any licence as an aircraft maintenance engineer granted under the law of any country other than Hong Kong. Such certificate may be issued subject to such conditions, and for such period, as the Chief Executive thinks fit. (5) Upon receiving a licence granted under this Article, the holder shall forthwith sign his name thereon in ink with his ordinary signature. (6) Without prejudice to any other provision of this Order the Chief Executive may, for the purpose of this Article, either absolutely or subject to such conditions as he thinks fit: (a) approve any course of training or instruction; (b) authorize a person to conduct such examinations or tests as he may specify; (c) approve a person to provide or conduct any course of training or instruction; and (d) approve a person as qualified to furnish reports to him and to accept such reports. (36 of 1999 s. 3) Cap 448C s 13 Equipment of aircraft Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) An aircraft shall not fly unless it is so equipped as to comply with the law of the country in which it is registered, and to enable lights and markings to be displayed, and signals to be made in accordance with this Order and any regulations made thereunder. (2) In the case of any aircraft registered in Hong Kong the equipment required to be provided (in addition to any other equipment required by or under this Order) shall be that specified in such parts of Schedule 5 to this Order as are applicable in the circumstances and shall comply with the provisions of that Schedule. The equipment, except that specified in paragraph (3) of the said Schedule, shall be of a type approved by the Chief Executive either generally or in relation to a class of aircraft or in relation to that aircraft and shall be installed in a manner so approved. (3) In any particular case the Chief Executive may direct that an aircraft registered in Hong Kong shall carry such additional or special equipment or supplies as he may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations, or the survival of the persons carried in the aircraft. (4) The equipment carried in compliance with this Article shall be so installed or stowed and kept stowed, and so maintained and adjusted, as to be readily accessible and capable of being used by the person for whose use it is intended. (5) The position of equipment provided for emergency use shall be indicated by clear markings in or on the aircraft. In particular in every public transport aircraft registered in Hong Kong there shall be: (a) provided individually for each passenger; or (b) if the Chief Executive so permits in writing, exhibited in a prominent position in every passenger compartment;a notice relevant to the aircraft in question containing pictorial: (i) instructions on the brace position to be adopted in the event of an emergency landing; (ii) instructions on the method of use of safety belts and safety harnesses as appropriate; (iii) information as to where emergency exits are to be found and instructions as to how they are to be used; and (iv) information as to where the life-jackets, escape slides, life-rafts and oxygen masks, if required to be provided by paragraph (2) of this Article, are to be found and instructions as to how they are to be used.(6) All equipment installed or carried in an aircraft, whether or not in compliance with this Article, shall be so installed or stowed and so maintained and adjusted as not to be a source of danger in itself or to impair the airworthiness of the aircraft or the proper functioning of any equipment or services necessary for the safety of the aircraft. (7) Without prejudice to paragraph (2) of this Article, all navigational equipment (other than radio apparatus) of any of the following types, namely: (a) equipment capable of establishing the aircraft's position in relation to its position at some earlier time by computing and applying the resultant of the acceleration and gravitational forces acting upon it; and (b) equipment capable of establishing automatically the altitude and relative bearing of selected celestial bodies;when carried in an aircraft registered in Hong Kong (whether or not in compliance with this Order or any regulations made thereunder) shall be of a type approved by the Chief Executive either generally or in relation to a class of aircraft or in relation to that aircraft and shall be installed in a manner so approved. (8) This Article shall not apply in relation to radio apparatus except that specified in Schedule 5 to this Order. (36 of 1999 s. 3) Cap 448C s 14 Radio equipment of aircraft Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) An aircraft shall not fly unless it is so equipped with radio and radio navigation equipment as to comply with the law of the country in which the aircraft is registered and to enable communications to be made and the aircraft to be navigated, in accordance with the provisions of this Order including, in particular, Schedule 15 hereto. (2) Without prejudice to paragraph (1) of this Article, the aircraft shall be equipped with radio and radio navigation equipment in accordance with Schedule 6 to this Order. (3) In any particular case the Chief Executive may direct that an aircraft registered in Hong Kong shall carry such additional or special radio or radio navigation equipment as he may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations or the survival of the persons carried in the aircraft. (36 of 1999 s. 3) (4) Subject to such exceptions as may be prescribed the radio and radio navigation equipment provided in compliance with this Article in an aircraft registered in Hong Kong shall always be maintained in serviceable condition. (5) All radio and radio navigation equipment installed in an aircraft registered in Hong Kong or carried on such an aircraft for use in connection with the aircraft (whether or not in compliance with this Order or any regulations made thereunder) shall be of a type approved by the Chief Executive in relation to the purpose for which it is to be used, and shall be installed in a manner approved by the Chief Executive. Neither the equipment nor the manner in which it is installed shall be modified except with the approval of the Chief Executive. (36 of 1999 s. 3) Cap 448C s 15 Aircraft, engine and propeller log books Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) In addition to any other log books required by or under this Order, the following log books shall be kept in respect of aircraft registered in Hong Kong: (a) an aircraft log book; (b) a separate log book in respect of each engine fitted in the aircraft; and (c) a separate log book in respect of each variable pitch propeller fitted to the aircraft.The log books shall include the particulars respectively specified in Schedule 7 to this Order and in the case of an aircraft having a maximum total weight authorized not exceeding 2730 kg shall be of a type approved by the Chief Executive. (36 of 1999 s. 3) (2) (a) Each entry in the log book, other than such an entry as is referred to in sub-paragraphs 2(d)(ii) or 3(d)(ii) of Schedule 7 to this Order, shall be made as soon as practicable after the occurrence to which it relates, but in no event more than 7 days after the expiration of the certificate of maintenance review (if any) in force in respect of the aircraft at the time of the occurrence; (b) Each entry in the log book, being such an entry as is referred to in sub-paragraphs 2(d)(ii) or 3(d)(ii) of Schedule 7 to this Order shall be made upon each occasion that any maintenance, overhaul, repair, replacement, modification or inspection is undertaken on the engine or propeller as the case may be.(3) Entries in a log book may refer to other documents, which shall be clearly identified, and any other documents so referred to shall be deemed, for the purposes of this Order, to be part of the log book. (4) It shall be the duty of the operator of every aircraft in respect of which log books are required to be kept as aforesaid to keep them or cause them to be kept in accordance with the foregoing provisions of this Article. (5) Subject to the provisions of Article 61 of this Order every log book shall be preserved by the operator of the aircraft until a date two years after the aircraft, the engine or the variable pitch propeller, as the case may be, has been destroyed or has been permanently withdrawn from use. Cap 448C s 16 Aircraft weight schedule Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) Every flying machine and glider in respect of which a certificate of airworthiness issued or rendered valid under this Order is in force shall be weighed, and the position of its centre of gravity determined, at such times and in such manner as the Chief Executive may require or approve in the case of that aircraft. (2) Upon the aircraft being weighed as aforesaid the operator of the aircraft shall prepare a weight schedule showing: (a) either the basic weight of the aircraft, that is to say, the weight of the aircraft empty together with the weight of unusable fuel and unusable oil in the aircraft and of such items of equipment as are indicated in the weight schedule, or such other weight as may be approved by the Chief Executive in the case of that aircraft; and (b) either the position of the centre of gravity of the aircraft when the aircraft contains only the items included in the basic weight or such other position of the centre of gravity as may be approved by the Chief Executive in the case of that aircraft.(3) Subject to the provisions of Article 61 of this Order the weight schedule shall be preserved by the operator of the aircraft until the expiration of a period of 6 months following the next occasion on which the aircraft is weighed for the purposes of this Article. (36 of 1999 s. 3) Cap 448C s 17 Access and inspection for airworthiness purposes Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 The Chief Executive may cause such inspections, investigations, tests, experiments and flight trials to be made as he deems necessary for the purposes of this Part of this Order and any person authorized to do so in writing by the Chief Executive may at any reasonable time inspect any part of, or material intended to be incorporated in or used in the manufacture of any part of, an aircraft or its equipment or any documents relating thereto and may for that purpose go upon any aerodrome or enter any aircraft factory. (36 of 1999 s. 3) Cap 448C s 18 Composition of crew of aircraft Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 PART IV AIRCRAFT CREW AND LICENSING (1) An aircraft shall not fly unless it carries a flight crew of the number and description required by the law of the country in which it is registered. (2) An aircraft registered in Hong Kong shall carry a flight crew adequate in number and description to ensure the safety of the aircraft and of at least the number and description specified in the certificate of airworthiness issued or rendered valid under this Order or, if no certificate of airworthiness is required under this Order to be in force, the certificate of airworthiness, if any, last in force under this Order, in respect of that aircraft. (3) (a) A flying machine registered in Hong Kong and flying for the purpose of public transport having a maximum total weight authorized exceeding 5700 kg, shall carry not less than two pilots as members of the flight crew thereof. (b) An aeroplane registered in Hong Kong and flying for the purpose of public transport in circumstances where the aircraft commander is required to comply with Instrument Flight Rules and having a maximum total weight authorized of 5700 kg, or less and powered by:- (i) one or more turbine jets; (ii) one or more turbine propeller engines and provided with a means of pressurizing the personnel compartments; (iii) two or more turbine propeller engines and certificated to carry more than nine passengers; (iv) two or more turbine propeller engines and certificated to carry fewer than ten passengers and not provided with a means of pressurizing the personnel compartments unless it is equipped with an auto-pilot which has been approved by the Chief Executive for the purposes of this Article and which is serviceable on take-off; or (v) two or more piston engines unless it is equipped with an auto-pilot which has been approved by the Chief Executive for the purposes of this Article and which is serviceable on take-off;shall carry not less than two pilots as members of the flight crew thereof: Provided that an aeroplane powered by two or more turbine propeller engines and certificated to carry fewer than ten passengers or an aeroplane powered by two or more piston engines and equipped with an appropriate auto-pilot shall not be required to carry two pilots notwithstanding that before take-off the approved auto-pilot is found to be unserviceable if the aeroplane flies in accordance with arrangements approved by the Chief Executive. (4) An aircraft registered in Hong Kong engaged on a flight for the purpose of public transport shall carry: (a) a flight navigator as a member of the flight crew; or (b) navigational equipment approved by the Chief Executive and used in accordance with any conditions subject to which that approval may have been given;if on the route or any diversion therefrom, being a route or diversion planned before take-off, the aircraft is intended to be more than 500 nautical miles from the point of take-off measured along the route to be flown, and to pass over part of an area specified in Schedule 8 to this Order. The flight navigator carried in compliance with this Article shall be carried in addition to any person who is carried in accordance with this Article to perform other duties. (5) An aircraft registered in Hong Kong which is required by the provisions of Article 14 of this Order to be equipped with radio communication apparatus shall carry a flight radio operator as a member of the flight crew, who, if he is required to operate radiotelegraph apparatus, shall be carried in addition to any other person who is carried in accordance with this Article to perform other duties. (6) If it appears to him to be expedient to do so in the interests of safety, the Chief Executive may direct any particular operator of any aircraft registered in Hong Kong that the aircraft operated by him or any such aircraft shall not fly in such circumstances as the Chief Executive may specify unless those aircraft carry in addition to the flight crew required to be carried therein by the foregoing provisions of this Article such additional persons as members of the flight crew as he may specify in the direction. (7) (a) This paragraph applies to any flight for the purpose of public transport by an aircraft registered in Hong Kong: (i) on which is carried twenty or more passengers; or (ii) which may in accordance with its certificate of airworthiness carry more than thirty-five passengers and on which at least one passenger is carried. (b) The crew of an aircraft on a flight to which this paragraph applies shall include cabin attendants carried for the purposes of performing in the interests of the safety of passengers, duties to be assigned by the operator or the commander of the aircraft but who shall not act as members of the flight crew. (c) On a flight to which this paragraph applies, there shall be carried not less than one cabin attendant for every fifty, or fraction of fifty passenger seats installed in the aircraft:Provided that the number of cabin attendants calculated in accordance with this sub-paragraph need not be carried where the Chief Executive has granted written permission to the operator to carry a lesser number on that flight and the operator carries the number specified in that permission and complies with any other terms and conditions subject to which such permission is granted. (8) If it appears to him to be expedient to do so in the interests of safety, the Chief Executive may direct any particular operator of any aircraft registered in Hong Kong that the aircraft operated by him or any such aircraft shall not fly in such circumstances as the Chief Executive may specify unless those aircraft carry in addition to the cabin attendants required to be carried therein by the foregoing provisions of this Article such additional persons as cabin attendants as he may specify in the direction. (36 of 1999 s. 3) Cap 448C s 19 Members of flight crew-requirement of licences Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) Subject to the provisions of this Article, a person shall not act as a member of the flight crew of an aircraft registered in Hong Kong unless he is the holder of an appropriate licence granted or rendered valid under this Order: Provided that a person may within Hong Kong without being the holder of such a licence- (a) act as a flight radiotelephony operator if- (i) he does so as the pilot of a glider not flying for the purpose of public transport or aerial work, or as a person being trained in an aircraft registered in Hong Kong to perform duties as a member of the flight crew of an aircraft; and (ii) he is authorized to operate the radiotelephony station by the holder of the licence granted in respect of that station under any enactment; and (iii) messages are transmitted only for the purposes of instruction, or of the safety or navigation of the aircraft; and (iv) messages are transmitted only on a frequency exceeding 60 MHz assigned by the Chief Executive for use on flights on which a flight radiotelephony operator acts in one of the capacities specified in paragraph (i) of this proviso; and (36 of 1999 s. 3) (v) the transmitter is pre-set to one or more of the frequencies so assigned and cannot be adjusted in flight to any other frequency; and (vi) the operation of the transmitter requires the use only of external switches; and (vii) the stability of the frequency radiated is maintained automatically by the transmitter;(b) subject to the provisions of Article 20(8) of this Order, act as pilot in command of an aircraft for purpose of becoming qualified for the grant or renewal of a pilot's licence or the inclusion or variation of any rating in a pilot's licence if- (i) he is at least 17 years of age; and (ii) he is the holder of a valid medical certificate to the effect that he is fit so to act issued by a person approved by the Chief Executive; and (36 of 1999 s. 3) (iii) he complies with any conditions subject to which that medical certificate was issued; and (iv) no other person is carried in the aircraft; and (v) the aircraft is not flying for the purpose of public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests; and (vi) he so acts in accordance with instructions given by a person holding a pilot's licence granted under this Order being a licence which includes a flying instructor's rating or an assistant flying instructor's rating entitling him to give instruction in flying the type of aircraft being flown;(c) subject to the provisions of Article 20(8) of this Order, act as pilot of an aircraft in respect of which the flight crew required to be carried by or under this Order does not exceed one pilot for the purpose of becoming qualified for the grant or renewal of a pilot's licence or the inclusion or variation of any rating in a pilot's licence if- (i) the aircraft is not flying for the purpose of public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests; and (ii) he so acts in accordance with instructions given by a person holding a pilot's licence granted under this Order being a licence which includes a flying instructor's rating or an assistant flying instructor's rating entitling him to give instruction in flying the type of aircraft being flown; and (iii) the aircraft is fitted with dual controls and he is accompanied in the aircraft by the said instructor who is seated at the other set of controls or the aircraft is fitted with controls designed for and capable of use by two persons and he is accompanied in the aircraft by the said instructor who is seated so as to be able to use the controls;(d) subject to the provisions of Article 20(8) of this Order, act as pilot in command of an aircraft at night if- (i) he is the holder of an appropriate licence granted or rendered valid under this Order in all respects save that the licence does not include an instrument rating and he has not within the immediately preceding thirteen months carried out as pilot in command not less than five take-offs and landings at a time when the depression of the centre of the sun was not less than 12o below the horizon; (ii) he so acts in accordance with instructions given by a person holding a pilot's licence granted under this Order being a licence which includes a flying instructor's rating or an assistant flying instructor's rating entitling him to give instruction in flying the type of aircraft being flown by night; (iii) no person other than that specified in sub-paragraph (ii) above is carried; and (iv) the aircraft is not flying for the purpose of public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests.(2) Subject as aforesaid, a person shall not act as a member of the flight crew required by or under this Order to be carried in an aircraft registered in a country other than Hong Kong unless- (a) in the case of an aircraft flying for the purpose of public transport or aerial work he is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered; or (b) in the case of any other aircraft, he is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or under this Order, and the Chief Executive does not in the particular case give a direction to the contrary. (36 of 1999 s. 3)(3) For the purposes of this Article, a licence granted under the law of a Contracting State other than Hong Kong purporting to authorize the holder thereof to act as a member of the flight crew of an aircraft, not being a licence purporting to authorize him to act as a student pilot only, shall, unless the Chief Executive in the particular case gives a direction to the contrary, be deemed to be a licence rendered valid under this Order but does not entitle the holder- (36 of 1999 s. 3) (a) to act as a member of the flight crew of any aircraft flying for the purpose of public transport or aerial work or on any flight in respect of which he receives remuneration for his services as a member of the flight crew; or (b) in the case of a pilot's licence, to act on any flight as pilot of any aircraft flying in controlled airspace in circumstances requiring compliance with the Instrument Flight Rules or to give any instruction in flying.(4) Notwithstanding the provisions of paragraph (1) of this Article, a person may, unless the certificate of airworthiness in force in respect of the aircraft otherwise requires, act as pilot of an aircraft registered in Hong Kong for the purpose of undergoing training or tests for the grant or renewal of a pilot's licence or for the inclusion, renewal or extension of a rating therein without being the holder of an appropriate licence, if the following conditions are complied with: (a) no other person shall be carried in the aircraft or in an aircraft being towed thereby except a person carried as a member of the flight crew in compliance with this Order, a person authorized by the Chief Executive to witness the aforesaid training or tests or to conduct the aforesaid tests, or, if the pilot in command of the aircraft is the holder of an appropriate licence, a person carried for the purpose of being trained or tested as a member of the flight crew of an aircraft; and (36 of 1999 s. 3) (b) the person acting as the pilot of the aircraft without being the holder of an appropriate licence either- (i) within the period of 6 months immediately preceding was serving as a qualified pilot of aircraft in any of Her Majesty's naval, military or air forces, and his physical condition has not, so far as he is aware, so deteriorated during that period as to render him unfit for the licence for which he intends to qualify; or (ii) holds a pilot's, a flight navigator's or a flight engineer's licence granted or rendered valid under this Order and the purpose of the training or test is to enable him to qualify under this Order for the grant of a pilot's licence or for the inclusion of an additional type in the aircraft rating in his licence and he acts under the supervision of a person who is the holder of an appropriate licence.(5) Notwithstanding the provisions of paragraph (1) of this Article a person may act as a member of the flight crew (otherwise than as a pilot) of an aircraft registered in Hong Kong for the purposes of undergoing training or tests for the grant or renewal of a flight navigator's or a flight engineer's licence or for the inclusion, renewal or extension of a rating thereon, without being the holder of an appropriate licence if he acts under supervision and in the presence of another person who is the holder of the type of licence or rating for which the person undergoing the training or tests is being trained or tested. (6) Notwithstanding the provisions of paragraph (1) of this Article, a person may act as a member of the flight crew of an aircraft registered in Hong Kong without being the holder of an appropriate licence if, in so doing, he is acting in the course of his duty as a member of any of Her Majesty's naval, military or air forces. (7) An appropriate licence for the purposes of this Article means a licence which entitles the holder to perform the functions which he undertakes in relation to the aircraft concerned and the flight on which it is engaged. (8) This Article shall not require a licence to be held by a person by reason of his acting as a member of the flight crew of a glider unless: (a) be acts as a flight radio operator, or (b) the flight is for the purpose of public transport or aerial work, other than aerial work which consists of the giving of instruction in flying in a glider owned or operated by a flying club of which the person giving and the person receiving instruction are both members.(9) Notwithstanding anything in this Article- (a) the holder of a licence granted or rendered valid under this Order, being a licence endorsed to the effect that the holder does not satisfy in full the relevant international standard, shall not act as a member of the flight crew of an aircraft registered in Hong Kong in or over the territory of a Contracting State other than Hong Kong, except in accordance with permission granted by the competent authorities of that State; (b) the holder of a licence granted or rendered valid under the law of a Contracting State other than Hong Kong, being a licence endorsed as aforesaid, shall not act as a member of the flight crew of any aircraft in or over Hong Kong except in accordance with permission granted by the Chief Executive, whether or not the licence is or is deemed to be rendered valid under this Order. (36 of 1999 s. 3) Cap 448C s 20 Grant, renewal and effect of Flight Crew Licences Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) (a) The Chief Executive may grant licences, subject to such conditions as he thinks fit, of any of the classes specified in Part A of Schedule 9 to this Order authorizing the holder to act as a member of the flight crew of an aircraft registered in Hong Kong, upon his being satisfied that the applicant is a fit person to hold the licence, and is qualified by reason of his knowledge, experience, competence, skill, physical and mental fitness to act in the capacity to which the licence relates, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests (including in particular medical examinations) and undertake such courses of training as the Chief Executive may require of him. (b) A licence of any class shall not be granted to any person who is under the minimum age specified for that class of licence in Part A of the said Schedule. (c) A licence granted under this Article shall not be valid unless it bears thereon the ordinary signature of the holder in ink. (d) Subject to paragraph (1)(a) of this Article and to the provisions of Article 62 of this Order, a licence shall remain in force for the period indicated in the licence not exceeding the period specified in respect of a licence of that class in the said Schedule, and may be renewed by the Chief Executive from time to time upon his being satisfied that the app