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The Air Navigation (Hong Kong) Order 1995 (Amendment) Order 2008 will be gazetted on April 18 and tabled in the Legislative Council on April 23.
A spokesman for the Transport and Housing Bureau said today (April 16), "The Amendment Order seeks to update our air navigation law to keep abreast of the latest requirements and recommended practices of the International Civil Aviation Organisation (ICAO) and applicable international practices relating to airworthiness, aircraft equipment, safety management, data preservation and personnel licensing".
The aviation industry has been consulted and generally supports the legislative amendments, the main provisions of which are highlighted in the Annex.
The Civil Aviation Department (CAD) has implemented most of the changes in the ICAO's requirements and recommended practices and applicable international practices over the past decade through administrative measures such as its notices, circulars and Aeronautical Information Publications.
The spokesman explained, "While the industry generally observes what is provided for in these administrative documents, we consider it desirable to amend the Air Navigation (Hong Kong) Order 1995 to give legal effect to the key changes to the ICAO's requirements and recommended practices and applicable international practices".
The ICAO's requirements and recommended practices are contained in annexes to the Convention on International Civil Aviation (the Chicago Convention), which applies to Hong Kong. To give effect to the key provisions in the Chicago Convention and its annexes and regulate air navigation generally, the Order has been made under section 2A of the Civil Aviation Ordinance (Cap 448). The CAD will continue to follow the established practice of implementing the Order with the aid of the administrative measures.
The target commencement date of the Amendment Order will be a day to be appointed by the Director-General of Civil Aviation.
Annex
The main legislative amendments in the Amendment Order are highlighted as follows:
Airworthiness
(a) to require an aircraft, having sustained damage of such a nature that it is no longer considered airworthy, not to fly (and its certificate of airworthiness or certificate of validation shall cease to have effect);
(b) to recognise aircraft maintenance approval given under a maintenance arrangement the CAD makes (exercising authority delegated from the Chief Executive (CE)) with another civil aviation authority on Hong Kong-registered aircraft;
Aircraft Equipment
(c) to permit a Hong Kong-registered aircraft to commence a flight in specified circumstances although it is not carrying the equipment specified for the intended flight or such equipment is not in a fit condition for use;
(d) to require an aircraft to carry area navigation equipment and height keeping systems to enhance navigation safety;
(e) to require that airborne collision avoidance systems should be operated in accordance with the applicable operations manuals (for Hong Kong-registered aircraft) or the procedures required by the law of the country in which the aircraft is registered;
Safety Management
(f) to require the implementation of a safety management system by airline operators, aircraft maintenance organisations, air traffic service providers and airport operators;
Data Preservation
(g) to require that in the case of an accident, the operator or the pilot in command of the aircraft concerned shall ensure that all related flight recorder records are kept in safe custody and that the flight recorders shall not be reactivated unless agreed by the investigation authority, so as to facilitate air accident investigations;
Personnel Licensing
(h) to specify the language ability required of pilots and air traffic controllers for operating radio telephony;
(i) to introduce a new type of pilot licence;
(j) to prohibit a holder of aircraft maintenance licence from exercising the privileges of the licence when he is unfit or is under the influence of psychoactive substances;
(k) to prohibit an air traffic controller from exercising the privileges of his licence when he is unfit or is under the influence of psychoactive substances, or when he is suffering from fatigue;
(l) to change the age restriction of holders of a student air traffic controller's licence, an air traffic controller's licence, a commercial pilot's licence and an airline transport pilot's licence;
(m) to update provisions concerning pregnancy of air traffic controllers;
(n) to change the titles of some of the air traffic control ratings;
Definitions
(o) to introduce new definitions for terms such as "aeroplane", "aircraft", "cabin crew", "flight information service", "pilot in command", "air traffic service surveillance system", "psychoactive substances" etc. by making reference to the ICAO definitions as set out in the Annexes to the Chicago Convention;
Other Changes
(p) to amend the relevant provisions of the Order to cater for an Article 83 bis transfer (i.e. a transfer of functions and responsibilities under Article 83 bis of the Chicago Convention from the State in which an aircraft is registered to the State of the operator of the aircraft), e.g. Article 7(1) of the Order relating to a certificate of airworthiness of an aircraft; and
(q) to delete obsolete provisions of the Order or clarify them in view of the development of the aviation industry and the experience of implementing the Order.
Ends/Wednesday, April 16, 2008
Issued at HKT 16:30
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