GEN 1.6  SUMMARY OF HONG KONG REGULATIONS AND INTERNATIONAL AGREEMENTS/CONVENTIONS

1 
  1. The following is a brief explanation of legislation affecting civil aviation in Hong Kong. The laws are subject to amendments which are not notified in this Publication. Users should ensure that fully amended documents are used for reference purposes:
    1. Air Transport (Licensing of Air Services) Regulations (Cap. 448A) Cap. 448A governs the provision of scheduled and non-scheduled air services to and from Hong Kong.
    2. Hong Kong Civil Aviation (Investigation of Accidents) Regulations (Cap.448B) Cap. 448B provides for the investigation of accidents arising out of or in the course of air navigation which occur to civil aircraft in or over Hong Kong or elsewhere to civil aircraft registered in Hong Kong.
    3. Air Navigation (Hong Kong) Order 1995 (Cap. 448C) Cap. 448C is the highest level of civil aviation operating regulation in Hong Kong. It is supported by policy and procedures documents such as Civil Aviation Documents, Hong Kong Aviation Requirements (HKARs), and Aeronautical Information Circulars.
    4. Air Navigation (Dangerous Goods) Regulations (Cap. 448C Sch. 16) Cap. 448C Sch. 16 provides for the regulation of carriage of dangerous goods by air.
    5. Air Navigation (Flight Prohibition) Order (Cap. 448E) Cap. 448E provides for the establishment of prohibited airspace and the regulations of such airspace.
    6. Hong Kong Air Navigation (Fees) Regulations (Cap. 448D) Prescribes fees for certificates of registration, air operators’ certificates, certificates of airworthiness, licences for maintenance engineers, licences for flight crew, and ancillary matters.
    7. Civil Aviation (Insurance) Order (Cap. 448F) Cap. 448F governs the insurance requirement for civil aircraft landing or taking off in Hong Kong.
    8. Dangerous Goods (Consignment by air) (Safety) Regulations (Cap. 384A) Cap. 384A provides for the control, in the interests of safety, the preparation, packing, marking, labelling and offering of dangerous goods for carriage by air, and for matters connected therewith.
    9. Civil Aviation (Aircraft Noise) (Certification) Regulations (Cap. 312A) Cap. 312A provides for the DGCA to grant noise certificates in respect of aircraft operating in Hong Kong.
    10. The Aviation Security Regulations (Cap. 494A) Cap. 494A provides the statutory base for the establishment and implementation of a permit system for persons and vehicles to enter a restricted area designated under Cap. 494.
    11. Air passenger Departure Tax Ordinance (Cap. 140) Cap. 140 provides for the imposition and collection of air passenger departure tax.
    12. Prevention and Control of Disease Ordinance (Cap. 599) Cap. 599 provides for the control and prevention of disease among human beings; to prevent the introduction into, the spread in and the transmission from, Hong Kong of any disease, source of disease or contamination; to apply relevant measures of the International Health Regulations promulgated by the World Health Organization; and to provide for connected purposes.
    13. Civil Aviations (Births, Deaths and Missing Persons) Ordinance (Cap. 173) Cap. 173 provides for the keeping of records of births and deaths, and records of persons missing and believed to have died in consequence of an accident, occurring in any part of the world in, or during a journey in any aircraft registered in Hong Kong; and provides for the preservation of such records.
    14. Hong Kong Airport (Control of Obstructions) Ordinance (Cap. 301) Cap. 301 provides for the restriction and, where necessary, the reduction of heights of buildings in the interest of the safety of aircraft, for the control of lighting, for the erection or provision and the maintenance of aids to air navigation, for the assessment and payment of compensation in respect of damage suffered on account thereof, and for purposes connected with the matters aforesaid.
    15. Civil Aviation (Aircraft Noise) Ordinance (Cap. 312) Cap. 312 provides for the control of emission of noise by aircraft and for matters ancillary thereto or connected therewith.
    16. Dangerous Goods (Consignment by Air) (Safety) Ordinance (Cap. 384) Cap. 384 provides for the control, in the interests of safety, the preparation, packing, marking, labelling and offering of dangerous goods for carriage by air, and for matters connected therewith.
    17. Civil Aviation Ordinance (Cap. 448) Cap. 448 is the primary legislation providing for the making of orders and provisions for implementing the Chicago Convention and its Annexes and for regulating air navigation, including provisions concerning the registration of aircraft, certificates of airworthiness, access to aerodromes for the purpose of inspecting aircraft and operations, and the manner and conditions concerning the issuance of licences and other documents.
    18. Airport Authority Ordinance (Cap. 483) Cap. 483 provides for the Airport Authority Hong Kong to provide, operate, develop and maintain an airport for civil aviation in the vicinity of Chek Lap Kok and otherwise to define its functions, to make provision for the safe, secure and efficient operation of such airport and for connected purposes.
    19. Aviation Security Ordinance (Cap. 494) Cap. 494 provides for the prevention and suppression of acts of violence against civil air transport and for connected purposes. It gives legal force to the terms and provisions of the following:
      1. Tokyo Convention 1963
      2. The Hague Convention 1970
      3. Montreal Convention 1971
      4. Montreal Protocol 1988
    20. Carriage by Air Ordinance (Cap. 500) Cap. 500 gives effect to certain Conventions concerning international carriage by air; to make provisions relating to non-international carriage by air and international carriage by air to which the Conventions do not apply; and for related purposes.
  2. International Treaties and Conventions applicable to Hong Kong
    1. The Convention on International Civil Aviation, Chicago, 1944 (Chicago Convention)
    2. International Air Services Transit Agreement, Chicago, 1944
    3. Convention on Offences and Certain Other Acts Committed on Board Aircraft, Tokyo, 1963 (Tokyo Convention)
    4. Convention for the Suppression of Unlawful Seizure of Aircraft, The Hague, 1970 (The Hague Convention)
    5. Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, Montreal, 1971 (Montreal Convention 1971)
    6. Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Montreal Convention 1971, Montreal, 1988 (Montreal Supplementary Protocol 1988)
    7. Convention on the Marking of Plastic Explosives for the Purpose of Detection, Montreal, 1991
    8. Convention for the Unification of Certain Rules Relating to International Carriage by Air, Warsaw, 1929 (Warsaw Convention)
    9. Protocol to Amend the Warsaw Convention, The Hague, 1955 (Hague Protocol 1955)
    10. Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other Than the Contracting Carrier, Guadalajara, 1961
    11. Convention for the Unification of Certain Rules for International Carriage by Air, Montreal, 1999 (Montreal Convention 1999).
2 Notification
2.1  Air Navigation (Hong Kong) Order 1995
2.1.1 
  1. References to the legislation under which notification may be made are listed below. These provisions are subject to amendment by ‘NOTAM’ or ‘Aeronautical Information Circular’.

    (‘Notified’ is defined as “shown in any of the following publications for the time being in force and issued in Hong Kong whether before or after the coming into operation of this Order, that is to say ‘NOTAMs - Notices to Airmen’, ‘Aeronautical Information Publications (AIP)’, or such other official publications so issued for the purpose of enabling any of the provisions of this Order to be complied with.)
  2. Air Navigation (Hong Kong) Order 1995

Provision for Notification Notification
Article 35(2) (Radio Frequencies). Radio frequencies in use by aeronautical radio stations are notified in ENR 2.1.
Articles 71(1)(a) (Aerodromes) and 73 (Licensing of Aerodromes) Licensed aerodromes that are available for take-off and landing of aircraft engaged on flights for the purpose of the public transport of passengers and the conditions and limitations subject to which they are available, are notified in AD 1.1.
Article 98 (Definition of Class A and Class C airspace) Class A and Class C airspace is notified in ENR 2.1.
Article 98 (Definitions of Control Area and Control Zone) Controlled airspace is notified in ENR 2.1.
Article 98 (Definition of Danger Area) Danger areas are notified in ENR 5.1.
Article 14, and Schedule 6, paragraph 2(1)(c). (Carriage of radio equipment). The requirement for the carriage of ILS equipment is notified in GEN 1.5.
Article 14, and Schedule 6, paragraph 2(2). (Carriage of radio equipment). The requirement for the carriage of a SSR transponder is notified in GEN 1.5.

Schedule 14 to the Air Navigation (Hong Kong) Order 1995

Provision for Notification Notification
Rule 21 (Flight in Class A airspace) Notified in ENR 1.2 and ENR 1.3.
Rule 26 (Semi-circular rule; altimeter setting) The altimeter setting procedure for use within the Hong Kong FIR is notified in ENR 1.7.
Rule 27(3) (Holding and instrument approach procedures) Holding and instrument approach procedures are notified in ENR 1.5.
Rule 28 (Position reports) Position reporting procedures are notified in ENR 1.1.
Rule 35(2) (Radio frequencies for ATC communication at aerodromes) Notified in VHHH AD 2.18.