(Cap 448, sections 12 and 13(6))* [4 November 1949] (G.N.A. 238 of 1949) _________________________________________________________________________________ Note: * These regulations were originally made under the Air Navigation Act 1936 (1936 c. 44 s. 5 U.K.) as applied by the Colonial Air Navigation (Application of Acts) Order 1937 (S.R. & O. 1937/378 U.K.) and the Colonial Air Navigation (Application of Acts) (Amendment) Order 1947 (S.R. & O. 1947/2738 U.K.). See now sections 12 and 13(6) of the Civil Aviation Ordinance, enacted in 1994 (Cap 448). Cap 448A reg 1 Interpretation PART I INTERPRETATION In these regulations and the Schedule, unless the context otherwise requires- "air service" (航空服务) means any service performed by any aircraft for hire or reward: Provided that a member of a club carried in an aircraft belonging to the club for the purposes of instruction shall not, if the instructor is also a member of the club, be deemed to be carried for hire or reward, notwithstanding that payment is made for such instruction or carriage;"air services arrangements" (航空服务安排) means- (a) any inter-governmental air services agreement or arrangements; and (b) any agreement between operators concerning air services,and includes any such agreement or arrangements between the Government of the Hong Kong Special Administrative Region and the Central People's Government; (L.N. 22 of 1985; 36 of 1999 s. 3)"authorized person" (获授权人士) means any person authorized by the Director-General of Civil Aviation, either generally or in relation to a particular case or class of cases; (L.N. 140 of 1969; L.N. 326 of 2000) "Convention on International Civil Aviation" (《国际民用航空公约》) and "International Air Services Transit Agreement" (《国际民用航空运输过境协议》) mean respectively, the Convention and the Agreement so styled which, on 7 December 1944, were opened for signature at the International Civil Aviation Conference held at Chicago; (36 of 1999 s. 3) "Director-General of Civil Aviation" (民航处处长) means the person for the time being lawfully discharging in Hong Kong the functions of the office of Director-General of Civil Aviation; (36 of 1999 s. 3; L.N. 326 of 2000) "licence" (牌照) means a licence granted under regulation 5; "Licensing Authority" (牌照局) means the Air Transport Licensing Authority constituted by regulation 4; "operating permit" (经营许可证) means a licence granted under regulation 20A; (L.N. 22 of 1985) "permit" (许可证) means a permit granted under regulation 23; "provisional licence" (临时牌照) means a licence granted under regulation 13; (G.N.A. 165 of 1953; L.N. 105 of 1995) "scheduled journey" (编定航程) means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service operated in such a manner that the benefits thereof are available to members of the public from time to time seeking to take advantage of them. (L.N. 22 of 1985; 36 of 1999 s. 3) Cap 448A reg 2 Exceptions PART II LICENCES AND OPERATING PERMITS FOR SCHEDULED JOURNEYS Part II shall not apply to the carriage of passengers, mail or cargo by air for hire or reward upon journeys other than scheduled journeys. Cap 448A reg 3 Penalties Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) Subject to the provisions of these regulations, no person shall use any aircraft for the carriage in Hong Kong of passengers, mail or cargo for hire or reward upon any scheduled journey between two places, one of which is in Hong Kong, except under and in accordance with the provisions of- (a) in the case of an aircraft registered in a country or place other than Hong Kong, an operating permit which has been granted to the operator of the aircraft; (36 of 1999 s. 3) (b) in the case of an aircraft registered in Hong Kong, a licence or provisional licence granted by the Licensing Authority. (36 of 1999 s. 3)(2) Any person who uses any aircraft in contravention of the provisions of this regulation shall be liable on conviction in the case of a first offence to a fine of $7000 or to imprisonment for 3 months or to both such fine and such imprisonment, and in the case of a second or subsequent offence to a fine of $70000 or to imprisonment for 2 years or to both such fine and such imprisonment. (L.N. 140 of 1969) (3) The provisions of this regulation shall not apply in respect of the aircraft of any State, which is a party to the International Air Services Transit Agreement, which fly across Hong Kong without landing, or land in Hong Kong in accordance with the provisions of that Agreement. (36 of 1999 s. 3) (4) Notwithstanding the provisions of paragraph (1), a person may use an aircraft under and in accordance with the provisions of- (a) a licence granted by the Licensing Authority under regulation 5; or (b) a provisional licence granted by the Licensing Authority under regulation 13,if such licence or provisional licence, as the case may be, was granted before the commencement of the Air Transport (Licensing of Air Service) (Amendment) Regulations 1969 (L.N. 140 of 1969), other than regulation 10 thereof. (L.N. 140 of 1969) Cap 448A reg 4 The Air Transport Licensing Authority (1) The Licensing Authority for the purposes of this Part shall consist of such number of members, not being less than 3, as the Chief Executive may from time to time determine, and shall be known as the "Air Transport Licensing Authority". (2) Every member of the Licensing Authority shall be appointed by the Chief Executive, and, unless he shall earlier resign his office by writing under his hand addressed to the Chief Executive, shall hold office for such term as the Chief Executive shall at the time of making the appointment determine but shall be eligible for reappointment from time to time on the expiration of his term of office. The Chief Executive shall nominate one of the members to be Chairman. (3) The Chief Executive may from time to time appoint deputy members to act in the place of members who are ill or absent. Such deputy members may be appointed either for a specified term or to act in the place of a specified member during his illness or absence. (4) The Chief Executive may remove any member or deputy member from his office for inability or misbehaviour. (5) Where the Chief Executive proposes to appoint a person to be a member or deputy member of the Licensing Authority, he shall, before making the appointment require that person to declare whether he has any, and if so what, financial interest in any undertaking which provides transport for passengers or goods or which owns or operates aerodromes, manufactures aircraft, aircraft engines or accessories, or supplies aircraft fuel or lubricants. If any member or deputy member of the Licensing Authority acquires any such financial interest he shall, within 4 weeks after so doing, give notice thereof in writing to the Chief Executive specifying the interest so acquired, and the Chief Executive after taking the matter into consideration may, if he thinks fit, declare that the member or deputy member has vacated his office and the seat of such member or deputy member shall thereupon become vacant. (6) (a) The Chief Executive may appoint a person to be secretary to the Licensing Authority. (b) The Licensing Authority may appoint such other officers and servants as may, in the opinion of the Chief Executive, be necessary to enable them to discharge their duties. (c) The way in which the Licensing Authority shall determine questions for their decision shall be such as the Chief Executive may prescribe. (L.N. 4 of 2004)(7) The quorum at a meeting of the Licensing Authority for the dispatch of business is 3 members. (L.N. 4 of 2004) (36 of 1999 s. 3) Cap 448A reg 5 Issue of licences (1) The Licensing Authority may grant to any person applying therefor a licence to carry passengers, mail or cargo by air for hire or reward on such scheduled journeys, and subject to such conditions, as may be specified in the licence. (2) The Licensing Authority may attach such conditions to any licence as they may think fit having regard to the nature and circumstances of the application therefor. (3) It shall be a condition of every licence that- (a) the holder of the licence and any person having a financial interest in the business of the holder of the licence shall refrain from stipulating that any other person shall- (i) refuse booking facilities to any other holder of a licence; (ii) grant such facilities to such other holder only on onerous terms; and(b) the holder of the licence shall perform all such reasonable services as the Postmaster General may from time to time require in regard to the conveyance of mails (and of any persons who may be in charge thereof) upon journeys made under the licence. The remuneration for any such services shall be such as may from time to time be determined by agreement between the Postmaster General and the holder of the licence: Provided that any disputes and disagreements shall be subject to arbitration under the Arbitration Ordinance (Cap 341). Cap 448A reg 6 Applications for licences Applications for licences shall be made in the form and manner, and shall contain the particulars prescribed in Form 1 in the Schedule. Every applicant shall furnish to the Licensing Authority such further information as the Licensing Authority may reasonably require for the discharge of their duties in relation to the application. Cap 448A reg 7 Publication of applications The Licensing Authority shall cause to be published, in the manner prescribed in Form 2 in the Schedule such particulars of any applications for licences received by them as are prescribed in the said Form 2. Cap 448A reg 8 Objections and representations Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 Responsible persons or bodies who may reasonably be considered by the Chief Executive to have an interest private or public in the matter of the issue or refusal of a licence may, in the form and manner, and within the time, prescribed in Form 3 in the Schedule, make representations or objections with regard to any application for a licence. (36 of 1999 s. 3) Cap 448A reg 9 Public and private inquires The Licensing Authority may, if they think fit, for the purpose of determining applications for licences, hold inquiries in public or in private and shall hold an inquiry in public if the applicant, or any person who has duly made an objection, requires the Licensing Authority, by such notice, in such form, as is prescribed in Form 4 in the Schedule so to do. Before holding any such inquiry the Licensing Authority shall give to the applicant and to any person who has duly made representations or objections with regard to the application, such notice, in such form, as is prescribed in the said Form 4 and shall give the applicant and any such person an opportunity of being heard at the inquiry. Cap 448A reg 10 Emergency applications Where an application is made to the Licensing Authority for a licence to remain in force for a period not exceeding 30 days and they are satisfied that it is in the public interest that the application should be determined with expedition, they may determine the application and grant a licence accordingly; and the provisions of this Part as to the publication of particulars of applications, the making of objections and representations, and the holding of inquiries at the instance of the applicant or an objector shall not in that case apply. Cap 448A reg 11 General policy of Licensing Authority In exercising their discretion to grant, or to refuse, a licence and their discretion to attach conditions to any licence the Licensing Authority shall have regard to the co-ordination and development of air services generally with the object of ensuring the most effective service to the public while avoiding uneconomical overlapping and generally to the interests of the public, including those of persons requiring or likely to require facilities for air transport, as well as those of persons providing such facilities. In particular the Licensing Authority shall have regard to the following matters- (a) the existence of other air services in the area through which the proposed services are to be operated; (b) the demand for air transport in that area; (c) the degree of efficiency and regularity of the air services, if any, already provided in that area, whether by the applicant or by other operators; (d) the period for which such services have been operated by the applicant or by other operators; (e) the extent to which it is probable that the applicant will be able to provide a satisfactory service in respect of safety, continuity, regularity of operation, frequency, punctuality, reasonableness of charges, and general efficiency; (f) the financial resources of the applicant; (g) the type of aircraft proposed to be used; (h) the remuneration and general conditions of employment of aircrew and other personnel employed by the applicant,and the Licensing Authority shall take into consideration any objections or representations duly made in accordance with the provision of these regulations. Cap 448A reg 12 Period licences remain in force The Licensing Authority may grant licences to remain in force for such period, not exceeding 5 years, as they may in each case determine; commencing on the date on which the licence is expressed to take effect: Provided that if, on the date of the expiration of a licence, an application to the Licensing Authority is pending for the grant of a new licence in substitution for an existing licence held by the applicant, the existing licence shall continue in force until the application is granted or refused. Cap 448A reg 13 Provisional licences pending determination of application The Licensing Authority may if they think fit, pending the determination of an application for a licence, grant to the applicant a provisional licence which shall remain in force until the application is determined. Cap 448A reg 14 (Repealed) (Repealed L.N. 105 of 1995) Cap 448A reg 15 Publication of decisions by Licensing Authority The Licensing Authority shall cause to be published in the manner prescribed in Form 5 in the Schedule such particulars of their decisions on applications for licences and of their decisions to revoke or suspend a licence as are prescribed in the said Form 5. Cap 448A reg 16 Revocation or suspension of licences (1) Subject to the provisions of paragraph (2), the Licensing Authority may revoke or suspend a licence if- (a) the holder of the licence has, since the licence was granted, been convicted of an offence against regulation 3 or 22; or (b) where the holder of the licence is a body corporate, any officer of that body corporate has, since the licence was granted, been convicted, in his capacity as such officer, of an offence against regulation 3 or 22; or (c) the holder of the licence has failed to comply with any condition subject to which the licence was granted.(2) Before revoking or suspending any licence under paragraph (1)(c), the Licensing Authority shall give to the holder of the licence such notice as is prescribed in Form 6 in the Schedule specifying the grounds upon which it is proposed to revoke or suspend the licence, and shall not revoke or suspend the licence unless they are satisfied, after holding a public inquiry if the holder of the licence (by such notice, in such form as is prescribed in the said Form 6) requires them so to do, that, owing to the frequency of the failure on the part of the holder to comply with conditions or to the failure having been wilful, the licence should be revoked or suspended. (3) In paragraph (1)(b), "officer" (高级人员) means a director, general manager, secretary or other similar officer and includes any person, who with the authority of the body corporate, acts as such officer. Cap 448A reg 17 Surrender of licences A licence may at any time be surrendered by the holder to the Licensing Authority for cancellation. If, during the currency of a licence, the holder applies to the Licensing Authority for a new licence in substitution for the current licence, he shall, if a new licence is granted, surrender the current licence for cancellation on the date from which the new licence is expressed to take effect. Cap 448A reg 18 Licence fees There shall be paid to the Director of Accounting Services in respect of every licence a fee of $5650 plus a fee of $5170 in respect of each point on the route or routes authorized by the licence, excluding Hong Kong. (L.N. 105 of 1995) Cap 448A reg 19 Returns from licensees The holder of a licence shall, if required by the Licensing Authority, make a return in writing to the Licensing Authority within a specified time giving in respect of a specified period the particulars set out in Form 7 in the Schedule with regard to all air services authorized by the licence. (L.N. 28 of 1973) Cap 448A reg 20 Annual report of Licensing Authority Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 The Licensing Authority shall make an annual report to the Chief Executive as to the exercise of their functions during the year. (36 of 1999 s. 3) Cap 448A reg 20A Operating permits (1) The Director-General of Civil Aviation may grant an operating permit to an operator and, in the exercise of his functions under this paragraph, shall have regard to any relevant air services arrangements. (2) An operating permit shall contain such conditions as the Director-General of Civil Aviation may consider necessary or expedient including such conditions as he may consider necessary or expedient to give effect to any air services arrangements. (3) Subject to paragraphs (4) and (5) an operating permit shall be in force for such period as may be specified therein commencing with the date on which the permit is expressed to take effect. (4) The Director-General of Civil Aviation may, if he thinks fit, provisionally suspend an operating permit pending inquiry into or consideration of the case. (5) The Director-General of Civil Aviation may, at any time, by notice to the operator, revoke, suspend or vary an operating permit or substitute a new operating permit for a previous operating permit- (a) where this is necessary or expedient to give effect to any variation in the air services arrangements; or (b) on sufficient ground being shown to his satisfaction after due inquiry. (L.N. 22 of 1985; L.N. 326 of 2000) Cap 448A reg 21 Exceptions PART III PERMITS FOR JOURNEYS OTHER THAN SCHEDULED JOURNEYS Part III shall not apply to the carriage of passengers, mail or cargo by air for hire or reward on scheduled journeys. Cap 448A reg 22 Penalties (1) Subject to the provisions of these regulations, it shall not be lawful for any person to use any aircraft for the provision in Hong Kong or of any air service except under, and in accordance with the conditions of, a permit granted by the Director-General of Civil Aviation. (L.N. 326 of 2000) (2) Any person who uses any aircraft in contravention of the provisions of this regulation shall be liable on conviction in the case of a first offence to a fine of $4000 or to imprisonment for 3 months or to both such fine and such imprisonment and in the case of a second or subsequent offence to a fine of $32000 or to imprisonment for 2 years or to both such fine and such imprisonment. (3) The provisions of this regulation shall not apply in respect of any journey performed on the authority of Article 5 of the Convention on International Civil Aviation if the aircraft performing the journey flies across Hong Kong without landing or lands in Hong Kong for non-traffic purposes only, but shall apply in respect of any such journey if the aircraft performing the journey takes on or discharges passengers, cargo or mail in Hong Kong. (G.N.A. 187 of 1950) (36 of 1999 s. 3) Cap 448A reg 23 Issue of permits (1) The Director-General of Civil Aviation may grant to any person applying therefor a permit to use aircraft for the provision in Hong Kong of such air services (other than such a service as is referred to in regulation 3(1)) for such period and on such conditions as may be specified in the permit. (36 of 1999 s. 3) (2) The Director-General of Civil Aviation may attach such conditions to any permit as he may think fit having regard to the nature and circumstances of the application therefor. (L.N. 326 of 2000) Cap 448A reg 24 Applications for permits Applications for permits shall be made in such form, and shall contain such information as the Director-General of Civil Aviation may require. (L.N. 326 of 2000) Cap 448A reg 25 Revocation or suspension of permits (1) The Director-General of Civil Aviation may revoke or suspend any permit if- (L.N. 326 of 2000) (a) the holder of the permit has, since the permit was granted, been convicted of an offence against regulation 3 or 22; or (b) where the holder of the permit is a body corporate, any officer of that body corporate has, since the permit was granted, been convicted, in his capacity as such officer, of an offence against regulation 3 or 22; or (c) the holder of the permit has failed to comply with any condition subject to which the permit was granted.(2) In paragraph (1)(b), "officer" (高级人员) means a director, general manager, secretary or other similar officer and includes any person who, with the authority of the body corporate, acts as such officer. Cap 448A reg 26 Compliance with air navigation and transport laws and regulations by licence, operating permit and permit holders Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 PART IV GENERAL PROVISIONS It shall be a condition of every licence, operating permit or permit that the requirements of any law or instrument having the force of law, for the time being in force in Hong Kong, relating to air navigation or air transport shall be complied with at all times during the currency of the licence, operating permit or permit in connexion with all journeys made under the licence, operating permit or permit. (L.N. 140 of 1969; 36 of 1999 s. 3) Cap 448A reg 27 Transfer and assignment of licences, operating permits and permits A licence, operating permit or permit shall not be capable of being transferred or assigned: Provided that in the event of the death, incapacity, bankruptcy, sequestration or liquidation of the holder of a licence, operating permit or permit, or of the appointment of a receiver or manager or trustee in relation to the business of the holder of a licence, operating permit or permit the person for the time being carrying on that business shall, if within 14 days of his commencing so to do, he makes application to the Licensing Authority or the Director-General of Civil Aviation (as the case may be) for a new licence, operating permit or permit, be entitled to provide the air services authorized by the existing licence, operating permit or permit subject to the conditions thereof, until the application is determined. (L.N. 140 of 1969; L.N. 177 of 1971; L.N. 22 of 1985; L.N. 326 of 2000) Cap 448A reg 28 Information regarding financial resources of an applicant to be treated as confidential Nothing in these regulations shall require the disclosure by any applicant for a licence, operating permit or permit to any person other than the Licensing Authority or the Director-General of Civil Aviation (as the case may be) of information as to the financial resources of the applicant and any such information received by the Licensing Authority or the Director-General of Civil Aviation from any such applicant shall be treated as confidential. (L.N. 140 of 1969; L.N. 177 of 1971; L.N. 22 of 1985; L.N. 326 of 2000) Cap 448A reg 29 When provisional licences are deemed to be licences Any references to a licence in regulation 5(2) and (3), regulations 19, 26, 27 and 30 shall be construed as including references to a provisional licence. (G.N.A. 165 of 1953) Cap 448A reg 30 No right to continuance of any benefits Nothing in these regulations shall confer upon the holder of a licence, operating permit or permit or upon any other person any right to the continuance of any benefits arising from the provisions of these regulations or from any licence, operating permit or permit granted thereunder or from any conditions attached to any such licence, operating permit or permit. (L.N. 140 of 1969) Cap 448A reg 30A Power of Director-General or authorized person to prohibit flight (1) Where it appears to the Director-General of Civil Aviation or an authorized person that any aircraft is intended or is likely to be flown in such circumstances that any provision of regulation 3 or 22 would be contravened in relation to the flight, the Director-General of Civil Aviation or an authorized person may- (a) direct the operator or commander of the aircraft that he is not to permit the aircraft to make the particular flight or any other flight of such description as may be specified in the direction, until the direction has been revoked by the Director-General of Civil Aviation or by an authorized person; and (b) take such steps as are necessary to detain the aircraft.(2) For the purposes of paragraph (1), the Director-General of Civil Aviation and an authorized person may enter upon and inspect any aircraft. (3) Any person who, being the operator or commander of an aircraft, contravenes any direction given to him under paragraph (1)(a) shall be guilty of an offence and shall be liable on conviction to a fine of $7000 or to imprisonment for 3 months. (L.N. 140 of 1969; L.N. 326 of 2000) Cap 448A reg 31 Proceedings for an offence against the regulations (1) Proceedings for an offence against these regulations shall not be instituted except with the consent of the Secretary for Justice. (L.N. 362 of 1997) (2) Where an offence against these regulations has been committed by a body corporate, every person who, at the time of the commission of the offence was a director, general manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances. Cap 448A reg 32 (Repealed 36 of 1999 s. 3) Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 PART V TRANSITIONAL Cap 448A reg 33 Citation PART VI CITATION These regulations may be cited as the Air Transport (Licensing of Air Services) Regulations. Cap 448A SCHEDULE FORM 1 [regulation 6] Hong Kong APPLICATION FOR LICENCE TO OPERATE A SCHEDULED SERVICE (To: The Licensing Authority through the (Director-General of Civil Aviation)) 1. APPLICANT (full name) .............................................................................................. If a body corporate give full particulars and title of applicant.2. Nationality of Applicant(s) ............................................................................................. 3. Country or place in which aircraft are registered .............................................................. 4. Registered business address (a) Head Office: ................................................................ (b) In Hong Kong: ............................................................. 5. Particulars of Route it is desired to operate (1) Point of Departure ................................... ................... (2) Point of final Destination ...................................................................... (3) Intermediate landing points ..................................................................................... (a) for traffic purposes: ........................................................................................ (b) for non-traffic purposes: .................................................................................. (c) weather alternates: .........................................................................................6. Period for which the Licence is required: ........................................................................ 7. Type of aircraft to be used and Passenger Seating Accommodation: ................................. ..................................................................................................................................... 8. Crew to be carried (Number and function): ..................................................................... 9. ANNEXURES: A: Proposed schedule of frequencies, with details of intended time tables. B: Passenger rates (through and intermediate). C: Freight rates ( do. ). D: Airmail conveyance rates ( do. ). E: Free baggage allowance and excess baggage rates. F: Total number of aircraft belonging to applicant (individual types and seating capacity). G: Total aircrew personnel on pay-roll (e.g. pilots, co-pilots, navigators, radio-operators, etc.). H: Details of the insurance of the aircraft for the proposed route.Notice: I hereby give notice that I desire the Licensing Authority to conduct an Inquiry (in Public/in Private) to consider this application. Date ....................................................... Signed ....................................................... Title .......................................................... CONDITIONS Note: Before the application overleaf is submitted by the Director-General of Civil Aviation to the Licensing Authority for consideration, the applicant must first satisfy the Director-General of Civil Aviation as regards: 1. Operational procedures to be observed-including Route Capacity Schedules, Operations Manual, Route Book for aircrew, Preparations for flight; such documents as Flight Plans, Log-books, (Aircraft, Engine and Journey), Loadsheet; Radio apparatus to operate on the required frequencies for the proposed Route. 2. Maintenance Manual and Schedule. Information is also required as to where major overhauls are to be done; the checks on aircraft and engines; and the availability of adequate spare parts. 3. Traffic handling ..................................................................................................... 4. The adequacy and competence of the staff to be employed. ENDORSEMENT OF APPLICATION (by the Director-General of Civil Aviation) The Secretary/Chairman, Licensing Authority, ................................................ I CERTIFY that I have verified to the best of my knowledge and ability the particulars given overleaf and in the Annexures; that I have examined the applicant's proposed practices in respect of the Conditions 1, 2, 3, and 4 above, and I am of the opinion that (1) they are satisfactory; .............................................................................................. (2) they are satisfactory on condition that; ..................................................................... (3) they are unsatisfactory for the following reasons: Date ....................................................... Signed ....................................................... Title .......................................................... (36 of 1999 s. 3; L.N. 326 of 2000) _____________ FORM 2 [regulation 7] Hong Kong PUBLICATION, BY LICENSING AUTHORITY, OF PARTICULARS OF APPLICATION(S) TO OPERATE SCHEDULED AIR SERVICE(S) In accordance with the provisions of regulation 7 of the Air Transport (Licensing of Air Services) Regulations, the Licensing Authority of Hong Kong hereby publish prescribed particulars of the undermentioned application(s) to operate Scheduled Air Service(s) in, to and from Hong Kong. Any representations regarding, or objections thereto, -in accordance with regulation 8 must be received by the Licensing Authority within 14 days after the date of the first publication of this Notice; and any Notice, requiring the holding of a public inquiry must be received within 14 days after the date of the first publication of this Notice, in Form 3. PARTICULARS OF APPLICATION(S) TO OPERATE SCHEDULED AIR SERVICE(S) 1. Applicant: ...................................................................................................................... 2. Date of first publication of application: ............................................................................. 3. Route applied for: ........................................................................................................... 4. Purposes of Services (Passenger, Freight, Mails): ............................................................ 5. Points of departure, final destination and intermediate points of call: ................................... ......................................................................................................................................6. Frequency of flights: ....................................................................................................... 7. Provisional time table: ..................................................................................................... 8. Type(s) of aircraft: ......................................................................................................... Date ............................................................ Signed ....................................................... Chairman, Licensing Authority. (36 of 1999 s. 3) __________ FORM 3 [regulation 8] Hong Kong Name: .......................................... Address: ....................................... Date: ............................................ Occupation: ..................................The Secretary/Chairman, Licensing Authority. REPRESENTATIONS OR OBJECTIONS REGARDING PROPOSED SCHEDULED AIR SERVICE(S) With reference to the published Notice dated .................................................................. regarding the undermentioned application to operate a Scheduled Air Service-and in accordance with regulations 7 and 8 of the Air Transport (Licensing of Air Services) Regulations-I beg to submit representations/objections relating thereto: *and I hereby give notice (in accordance with regulation 9) that I require the Licensing Authority to hold a public inquiry before the said application shall be determined. 2. The application referred to is that from- Applicant: To operate a service from .................................... to .............................................. 3. Representations/Objections are as follows:- Date ........................................................ Signed .......................................................... * Delete all the words if a public inquiry is NOT desired. Such Notice must be received by the Licensing Authority within 14 days of the date of the first publication of the application. __________ FORM 4 [regulation 9] Hong Kong NOTIFICATION OF INQUIRY BEFORE DETERMINING APPLICATION(S) TO OPERATE SCHEDULED AIR SERVICE(S) From: The Secretary, Licensing Authority Address: ................................................ Date: ..................................................... To: ........................................................... ........................................................... Sir/Madam: I am directed to notify you-in accordance with regulation 9 of the Air Transport (Licensing of Air Services) Regulations that the Licensing Authority will hold a private/public inquiry to consider the application by ..................................................................................................... ............................................................................................................................................. ............................................................................................................................................. for a licence to operate the route ............................................................................................ ............................................................................................................................................. and to invite you to attend this inquiry-for the purpose of being heard with regard to the said application. 2. The inquiry will be held on (date) ............................................................................ at the hour of ......................................... at (place of meeting) ............................................... ................................................................................. and I am to request you to notify me at once whether or not you will be present or represented. Signed ...................................................Secretary, Licensing Authority. ------------- REPLY. Name: .................................................... Address: ................................................. Date: ...................................................... The Secretary, Licensing Authority. Sir, I hereby acknowledge receipt of your Notification dated .................................................. Delete whichever is inapplicable. I shall be present or represented by .......................................................... I shall not..................................................................................................... at the inquiry to be held on (date) ................................................................................................................................... Signed ..................................................... ___________ FORM 5 [regulation 15] Hong Kong PUBLICATION OF DECISIONS OF THE LICENSING AUTHORITY REGARDING GRANT, REFUSAL, SUSPENSION, OR REVOCATION OF LICENCES In accordance with the provisions of regulations 15 and 16 of the Air Transport (Licensing of Air Services) Regulations, the Licensing Authority of Hong Kong hereby publish the following particulars of their decisions regarding the grant, conditional grant, or refusal of a licence to operate the undermentioned proposed Service(s) and/or of their revocation or suspension of existing licence(s) to operate the Service(s) specified. Applicant or Licence Holder: .................................................................................................. Licence No.: ......................................................................................................................... Date of application or licence: ................................................................................................ Route(s): ............................................................................................................................... Frequency of flights: .............................................................................................................. Time table: ........................................................................................................................... Type of aircraft: .................................................................................................................... DECISION(S) (The reasons stated are at the discretion of the Licensing Authority) (1) Licence granted (no reason) .......................................................................................... (2) Application refused for the following reason(s) ............................................................... (3) Licence No. .................. revoked, for the following reason(s) ......................................... (4) Licence No. ......................................................... suspended, for the following reason(s) ................................................................................................................................... Date ........................................................ Signed .......................................................... Secretary, Licensing Authority. (36 of 1999 s. 3) __________ FORM 6 [regulation 16] Hong Kong NOTIFICATION OF INQUIRY CONCERNING THE REVOCATION/SUSPENSION OF A LICENCE TO OPERATE SCHEDULED AIR SERVICE(S) From: The Secretary, Licensing Authority Address: ................................................ Date: ..................................................... To: ........................................................... ........................................................... Sir/Madam: I am directed to notify you-in accordance with regulation 16(2) of the Air Transport (Licensing of Air Services) Regulations,-that the Licensing Authority of Hong Kong will hold a private/public inquiry to consider the REVOCATION/SUSPENSION of the Licence you hold No. .................................... to operate the Route .................................................................. on the grounds set out below, and to invite you to be present. I am also to request you to state (a) if you will be present or represented, and (b) if you desire the inquiry to be held in public. The meeting will take place at (place). .......................................................................................on (date) .......................................................................... at the hour of .................................... Signed ...................................................Secretary, Licensing Authority. ------------- REPLY. From: .................................................... Address: ................................................. Date: ...................................................... The Secretary, Licensing Authority. Sir, I hereby acknowledge receipt of your notification dated ................................................... ............................................................... and inform you that I shall be present or represented by ............................................................................................ at the meeting, which I desire should be held in private/public. Signed ..................................................... (36 of 1999 s. 3) FORM 7 [regulation 19] Hong Kong RETURNS from ................................................................................................................... Licensed Operator of Route ................................................................................................... Period from ...................................... to ................................................................................ To: ....................................................................................................................................... Subjoined please find the prescribed Returns in respect of Licence No. ............................ held by ............................ to operate route from .................................................................... with intermediate stages indicated below. Date ........................................................ Signed .......................................................... Intermediate Stages From To (1) (2) (3) etc. Type of aircraft: Frequency of services. No. No. 1. 2. 3. 4. 5. 6. Flights scheduled .......................... Flights commenced ....................... Flights not commenced .................. Uninterrupted flights completed .................................... Flights completed after interruption ................................... Flights interrupted, not completed .................................... 7. Flights not completed because of- (1) Passengers not available ..... (2) Aircraft not available .......... (3) Weather conditions ............. (4) Other reasons (state below) ............................... 8. Unpremeditated landings because of- (1) Lack of fuel ....................... (2) Weather conditions ............. (3) Failure of aircraft engine ................................(4) Failure of radio ................... (5) Other reasons (state below) ............................... Stages of Journeys 1 2 3 etc. Totals A Stages in land miles ................. B Passengers carried No. ........... C MAILS carried- Weight in kilos ........................ ,, ,, lbs. ......................... D FREIGHT carried- Weight in kilos ........................ ,, ,, lbs. ....................... E TOTAL PAYLOAD- Weight in kilos ........................ ,, ,, lbs. ...................... F PAYLOAD CAPACITY available (commencement of flights)- Weight in kilos ........................ ,, ,, lbs. ...................... Flight Personnel Employed Pilots No. Co-Pilots No. Navigator's No. Radio Operators No. Others employed on flying duties No. TOTALS No. OTHER REMARKS. Signed .............................................. Title ................................................. Date ................................................ (L.N. 28 of 1973)
手机扫一扫
手机浏览移动版