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448C PDFTitle:AIR NAVIGATION (HONG KONG) ORDER 1995Gazette Number:2 of 2012
Article:64Heading:Rules of the Air*Version Date:17/02/2012

(1) The Chief Executive may make rules of the air supplementary to, but not inconsistent with, the Rules of the Air contained in Schedule 14 to this Order. (36 of 1999 s. 3)
(2) Subject to the provisions of paragraph (3) of this Article, it shall be an offence to contravene, to permit the contravention of, or to fail to comply with, the Rules of the Air contained in Schedule 14 to this Order.
(3) It shall be lawful for the Rules of the Air to be departed from to the extent necessary-

        (a) for avoiding immediate danger; or
        (b) for complying with the law of any country other than Hong Kong within which the aircraft then is; or
        (c) for complying with regulations or directives issued by the Central People’s Government in relation to an aircraft of which the pilot in command is acting as such in the course of his duty as a member of the Chinese People’s Liberation Army. (2 of 2012 s. 3)
(4) If any departure from the Rules of the Air is made for the purpose of avoiding immediate danger, the pilot in command of the aircraft shall cause written particulars of the departure, and of the circumstances giving rise to it, to be given within 10 days thereafter to the competent authority of the country in whose territory the departure was made or if the departure was made over the high seas, to the Chief Executive. (36 of 1999 s. 3; L.N. 77 of 2008)
(5) Nothing in the Rules of the Air shall exonerate any person from the consequences of any neglect in the use of lights or signals or of the neglect of any precautions required by ordinary aviation practice or by the special circumstances of the case.
*(Amended L.N. 77 of 2008)