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Chapter: | 448C
 | Title: | AIR NAVIGATION (HONG KONG) ORDER 1995 | Gazette Number: | 28 of 1998; 36 of 1999 |
| Article: | 4 | Heading: | Registration of aircraft in Hong Kong | Version Date: | 01/07/1997 |
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.
- (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)
(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.
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.
(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)