Cap 173 s 2 Power for the Chief Executive to make regulations for recording and registration of births and deaths, etc. (CIVIL AVIATION (BIRTHS, DEATHS AND MISSING PERSONS) ORDINANCE)

Contents of Section

Chapter:	173	Title:	CIVIL AVIATION (BIRTHS, DEATHS AND MISSING PERSONS) ORDINANCE	Gazette Number:	L.N. 91 of 2007
Section:	2	Heading:	Power for the Chief Executive to make regulations for recording and registration of births and deaths, etc.	Version Date:	27/08/2007

(1) The Chief Executive may by regulation provide for requiring such persons as may be specified in the regulations to keep records and make returns to the Director-General of Civil Aviation- (Amended 36 of 1999 s. 3; L.N. 326 of 2000)

(a) of births and deaths occurring in any part of the world in any aircraft registered in Hong Kong; and

(b) of the death, outside Hong Kong, of any person who, being a traveller on such an aircraft, is killed on the journey in consequence of an accident to such aircraft, (Amended L.N. 171 of 1974)

and for the keeping in the Civil Aviation Department of a record of any returns made to the Director-General of Civil Aviation in accordance with any such requirement as aforesaid and may by such regulations specify that any person who fails to comply with any such requirement shall be liable on summary conviction to a fine of $300. (Amended L.N. 326 of 2000)
(2) Where such an offence as aforesaid 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. In this subsection the expression "director" (董事) includes any person occupying the position of director by whatever name called.
(3) Where any such regulations provide for the keeping of records in the Civil Aviation Department in accordance with subsection (1) they shall also provide for the transmission of certified copies of those records to the Registrar. (Amended 8 of 2006 s. 4)
(4) (Repealed 8 of 2006 s. 4)
(5) Regulations made under subsection (1) shall provide for the rectification or amendment of any records kept in the Civil Aviation Department in pursuance of the regulations and for the transmission of certified copies of any corrected or amended entry in the records to the Registrar. (Amended 17 of 1993 s. 19; 8 of 2006 s. 4)
(6) (Repealed 8 of 2006 s. 4)
(7) Sections 22, 24, 25 and 28 of the Births and Deaths Registration Ordinance (Cap 174) shall have effect as if- (Replaced 80 of 1997 s. 71. Amended 8 of 2006 s. 4)

(a) the Air Register of Births and Deaths were a register referred to in those sections; and

(b) the reference to the computer record in those sections were a reference to the database of a register computer. (Amended 8 of 2006 s. 4)

(8) The Chief Executive may by regulation provide- (Amended 36 of 1999 s. 3)

(a) for the keeping in the Civil Aviation Department of a record of persons reported to the Director-General of Civil Aviation as missing, being persons with respect to whom there are reasonable grounds for believing that they have died in consequence of an accident to an aircraft registered in Hong Kong; (Amended L.N. 326 of 2000)

(b) for the rectification or amendment of any such record; and (Amended 17 of 1993 s. 19)

(c) for the transmission of information as to the matters for the time being entered on the record to the Registrar. (Amended 8 of 2006 s. 4)