APPENDIX III (PP. DJ ONWARD) - HER MAJESTY'S ORDERS IN COUNCIL, RULES, ETC., APPLICABLE TO HONG KONG

APPENDIX III (PP. DJ ONWARD) - HER MAJESTY'S ORDERS IN COUNCIL, RULES, ETC., APPLICABLE TO HONG KONG

1970 No. 1539

MARRIAGE

THE FOREIGN MARRIAGE ORDER 1970

Made 19th October 1970

Laid before Parliament 23rd October 1970

Coming into Operation 1st January 1971

At the Court at Buckingham Palace, the 19th day of October 1970

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, by virtue and in exercise of the powers conferred on
Her by sections 18 and 21 of the Foreign Marriage Act 1892(a), as
amended by sections 4(2) and 6 of the Foreign Marriage Act 1947(b), or
otherwise in Her Majesty vested, is pleased, by and with the advice of
Her Privy Council, to order, and it is hereby ordered, as follows:

1. This Order may be cited as the Foreign Marriage Order 1970. It
shall come into operation on 1st January 1971.

2. (1) Unless otherwise provided in this Order, expressions used in
this Order shall have the same meaning as in the Foreign Marriage Act
1892.

(2) The Interpretation Act 1889(c) shall apply for the interpretation
of this Order as it applies for the interpretation of an Act of Parliament.

3. (1) Before a marriage is solemnized in a foreign country under
the Foreign Marriage Acts 1892 to 1947(d), the marriage officer must be
satisfied:

(a) that at least one of the parties is a British subject; and

(b)that the authorities of that country will not object to the
solemnization of the marriage; and

(c)that insufficient facilities exist for the marriage of the parties
under the law of that country; and

(d)that the parties will be regarded as validly married by the law of
the country to which each party belongs.

(a) 1892 c. 23.
(b) 1947 c. 33.
(c) 1889 c. 63.
(d) 1892 c. 23; 1934 c. 13; 1947 c. 33.





(2) If a marriage officer, by reason of anything in this Article,
refuses to solemnize or allow to be solemnized in his presence the
marriage of any person requiring such marriage to be solemnized, that
person shall have the same right to appeal to the Secretary of State as is
given by section 5 of the Foreign Marriage Act 1892.

4. (1) In special cases, where the Secretary of State is satisfied that
for some good cause the requirements of the Foreign Marriage Act 1892
as to residence and notice for a marriage intended to be solemnized
under the Act cannot be complied with, and he is satisfied that the
intended marriage is not clandestine and that adequate public notice of
the intended marriage has been given in the place or places where each
of the parties resided not less than fifteen days next preceding the
giving of such notice, he may authorize the marriage officer to dispense
with those requirements.

(2) In cases falling under paragraph (1) of this Article, the oath
under section 7 of the Foreign Marriage Act 1892 shall omit the matter
specified in subsection (b) of that section.

5. For the purpose of marriages to be solemnized by or before a
consular officer who is a marriage officer, every place within the
curtilage or precincts of the building which is for the time being used for
the purpose of his office shall be part of the official house of such
marriage officer, and every place to which the public have ordinary
access in such official house shall be deemed to be part of the office of
such marriage officer.

6. When a certified copy of an entry in a marriage register kept
under section 9 of the Foreign Marriage Act 1892, relating to a party
shown to be from Scotland or Northern Ireland is received by the
Registrar General, he shall send a copy of that entry to the Registrar
General for Scotland or Northern Ireland, as the case may require.

7. (1) Where a marriage between parties, of whom one at least is a
British subject, has been duly solemnized or has taken place in a foreign
country in accordance with the local law of the country, either party to
the marriage, being a British subject, may produce to the consul of Her
Majesty's Government in the United Kingdom for the district in which
the marriage has been solemnized or has taken place (or in the absence
of such officer to the appropriate consul of any other Government who,
by arrangement with Her Majesty's Government in the United Kingdom,
have undertaken consular representation in that district on behalf of Her
Majesty's Government in the United Kingdom) a certified copy of the
entry in the marriage register duly authenticated by the appropriate
authority in that country or a marriage certificate issued by the
appropriate authority of the country, accompanied by a translation into
E nglish, and may request him to accept the certificate as a certificate of
marriage issued in accordance with the local law and to certify the
translation; and the consul, on payment of the appro





priate fee, shall, if he is satisfied that the certificate has been duly
issued by the appropriate authority and that the translation is a true
one, transmit the said certificate and translation, together with his own
certificate regarding the accuracy of the translation, to the Registrar
General or, in the case of any certificate relating to a party shown to be
from Scotland or Northern Ireland, to the Registrar General for Scotland
or Northern Ireland as the case may require.

(2) Any person shall be entitled to have from the appropriate
Registrar General a certified copy of any document received by that
Registrar General as aforesaid, on payment of fees in respect of the
provision of the copy and any necessary search for the document. The
fees shall be the fees which are for the time being charged by the
appropriate Registrar General for the provision of a certified copy of,
and any necessary search for, an entry in the records in his custody of
marriages performed in England and Wales, Scotland or Northern
Ireland, as the case may be.

(3) Any copy of any foreign marriage certificate issued by the
appropriate Registrar General under the provisions of paragraph (2) of
this Article shall, without further proof, be received in evidence to the
like extent as if it were a certificate duly issued by the authorities of the
foreign country in which the marriage was celebrated.

8. The forms in the Schedule to this Order shall be used in all cases
to which they are applicable.

9. (1) The Foreign Marriage Order 1964(a) and the Foreign
Marriage (Amendment) Order 1967(b) are hereby revoked.

(2) Section 38 of the Interpretation Act 1889(c) shall apply in
relation to the said Orders as if the present Order were an Act of
Parliament and as if the said Orders were enactments repealed by an Act
of Parliament.

W. G. AGNEW.

SCHEDULE Art. 8

FORMS

No. 1

NOTICE OF MARRIAGE

(Section 2 of the Foreign Marriage Act 1892)

To [Her Majesty's Consul-General or Consul or Vice-Consul] at

I hereby give you notice that a marriage is intended to be had within three
calendar months from the date hereof between me and the other party herein
named and described (that is to say):

(a) S.I. 1964/926 (1964 11, p. 2070).

(b) S.I. 1967/1143 (1967 11, p. 3373).

(e) 1889 c. 63.
Name and Surname Condition Profession Age Residence Length of
Residence

A.B .....................

C.D .....................

Witness my hand, this day of
(Signed) A.B., or
C.D.

No. 2

FORM OF OATH

(Section 7 of the Foreign Marriage Act 1892)

I, A.B., of .........make oath and say as follows:

1. A marriage is proposed to be solemnized between me and C.D.

2. I believe that there is not any impediment in kindred or alliance, or other
lawful hindrance to the above marriage.

3. Both I and C.D. have for three weeks immediately preceding this date had
our usual residence within the district of [here insert the official title of the. marriage
officer, and the place where he is appointed to reside], that is to say,

I at ............and C.D. at

4.[1 am not under the age of 18 years] [or as the case may be, I am under
the age of 18 years and the widowler of E.F. who died on the day of
[or, 1 am under the age of 18 years and the consent of G.H. and
I.J. whose consent is required by law to my marriage, is given as shown by the
writing under their/his/her hand now shown to me and marked [ 31
for, I am under the age of 18 years and there is no person whose consent to my
marriage is required] [or, I am under the age of 18 years and the necessity of
obtaining the consent of the persons whose consent to my marriage is required
by law has been dispensed with].

5. [C.D. is not under the age of 18 years] [or, as the case may be, C.D. is under
the age of 18 years and the window/er of K.L. who died on the
day of] for, C.D. is under the age of 18 years and the consent of
M.N. and O.P., whose consent is required by law to his/her marriage, is given
as shown by the writing under their/his/her hand now shown to me and marked
[ ]] [or, C.D. is under the age of 18 years and there is no person
whose consent to his/her marriage is required] [or, C.D. is under the age of 18
years and the necessity of obtaining the consent of the persons whose consent
to his/her marriage is required by law has been dispensed with].

6. I make the foregoing statements solemnly and deliberately, conscientiously
believing the same to be true, well knowing that if any person knowingly and
wilfully makes a false oath or signs a false notice under the Foreign Marriage Act
1892. for the purpose of procuring a marriage, he may be guilty of an offence under
section 3 of the Perjury Act 1911; and well knowing also that any person who,
being married or single, shall marry any other person during the life of the husband
or wife of either party as the case may be, may be guilty of an offence under
section 57 of the Ofrences against the Person Act 1861.

Sworn at ........................................................

this .....day of .....19 A.B.

Before me, XY H.M. Consul (or as the case may be)

at ...............................................................

X.Y. (Official seal)





No. 3

CERTIFICATE OF COPY OF MARRIAGE
REGISTER

(s. 10(1) of the Foreign Marriage Act 1892)

I . ..................................Her Majesty's Consul [or as the case
may be], residing at .................hereby certify that this

is a true copy of the entries of marriages registered in this office, from the entry
of the marriage of A.B. and C.D. number one, to the entry of the marriage of
E.F. and G.H., number two.

Witness my hand and seal this day of 19

(Signature and official seal of marriage officer).





1975 No. 1831

DUMPING AT SEA

THE DUMPING AT SEA ACT 1974
(OVERSEAS TERRITORIES) ORDER 1975

Made - - - - 12th November 1975

Laid before Parliament 19th November 1975

Coming into Operation 10th December 1975

At the Court at Buckingham Palace, the 12th day of November 1975

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by section
15(3) of the Dumping at Sea Act 1974(a), by the Foreign Jurisdiction Act
1890(b), and all other powers enabling Her in that behalf, is pleased, by
and with the advice of Her Privy Council, to order, and it is hereby
ordered, as follows:

1. This Order may be cited as the Dumping at Sea Act 1974
(Overseas Territories) Order 1975 and shall come into effect on the 10th
day of December 1975.

2. The Interpretation Act 1889(c) shall apply for the purpose of
interpreting this Order and otherwise in relation thereto as it applies for
the purpose of interpreting, and in relation to, Acts of Parliament.

3. (1) The provisions of the Dumping at Sea Act 1974, modified and
adapted as in Schedule 1 hereto, shall extend to the Territories specified
in column 1 of Schedule 2 hereto.

(2) For the purpose of construing the said Act as so extended as
part of the law of a Territory to which it extends 'the Territory' means
that Territory and 'any Territory' means any of the Territories to which
it extends and the Solomon Islands.

(3) The references in Schedule 1 hereto to ¢G200 and ¢G400 shall be
construed by substituting for such amounts the amounts set out in
columns 2 and 3 of Schedule 2 hereto in relation to each Territory for
which amounts are set out in the said columns 2 and 3.

4. (1) Schedule 1 hereto shall take effect as part of the law of the
Solomon Islands.

(a) 1974 c. 20.
(b) 1890 c. 37.
(e) 1889 c. 63.





(2) For the purpose of construing the said Schedule as part of the
law of the Solomon Islands 'the Territory' means the Solomon Islands;
'any Territory' means any of the Territories to which the said Act is
extended by Article 3 of this Order; for 'indictment' there shall be
substituted 'information'; and for the amounts of ¢G200 and ¢G400 shall
be substituted 400 Australian dollars and 800 Australian dollars
respectively.

N. E. LEIGH.

SCHEDULE1 Articles 3 and 4

PROVISIONS oF THE DUMPING AT SEA ACT 1974 As EXTENDED To THE
TERRITORIES SPECIFIED IN SCHEDULE 2 HERETO AND TO THE
SOLOMON ISLANDS

1. (1) Subject to the provisions of this section, no person, except in pursuance
of a licence granted under section 2 below and in accordance with the terms of that
licence

(a)shall dump substances or articles in the territorial waters of the Territory;
or

(b)shall dump substances or articles in the sea outside the territorial waters of
the Territory from a British ship, aircraft, hovercraft or marine structure;
or

(c)shall load substances or articles on to a ship, aircraft, hovercraft or marine
structure in the Territory or its territorial waters for dumping in the sea,
whether in such waters or not; or

(d)shall cause or permit substances or articles to be dumped or loaded as
mentioned in paragraphs (a) to (c) above.

(2) Subject to subsections (3) to (5) below, substances and articles are dumped
in the sea for the purposes of this Act if they are permanently deposited in the sea
from a vehicle, ship, aircraft, hovercraft or marine structure, or from a structure on
land constructed or adapted wholly or mainly for the purpose of depositing solids in
the sea.

(3) A discharge incidental to or derived from the normal operation of a ship,
aircraft, vehicle, hovercraft or marine structure or of its equipment does not
constitute dumping for the purposes of this Act unless the ship, aircraft, vehicle,
hovercraft or marine structure in question is constructed or adapted wholly or
mainly for the purpose of the disposal of waste or spoil and the discharge takes
place as part of its operation for that purpose.

(4) A deposit made by, or with the written consent of, a harbour authority
or lighthouse authority, for the purpose of providing moorings or securing aids to
navigation, does not constitute dumping for the purposes of this Act.

(5) A deposit made by or on behalf of a harbour authority in the execution of
works of maintenance in their harbour does not constitute dumping for the
purposes of this Act if it is made on the site of the works.

(6) Subject to subsections (7) to (9) below, any person who contravenes
subsection (1) above shall be guilty of an offence and liable

(a)on summary conviction to a fine of not more than ¢G400 or to
imprisonment for a term of not more than six months or to both; or

(b)on conviction on indictment, to imprisonment for not more than five
years, or a fine, or to both.

(7) It shall be a defence for a person charged with an offence under subsection
(6) above to prove

(a)that the substances or articles in question were dumped for the purpose of
securing the safety of a ship, aircraft, hovercraft or marine structure or of
saving life; and





(b)that he took steps within a reasonable time to inform the Governor
that the dumping had taken place and of the locality and circumstances
in which it took place and the nature and quantity of the substances
or articles dumped,
unless the court is satisfied that the dumping was not necessary for any of the
purposes mentioned above and was not a reasonable step to take in the cir-
cumstances.

(8) It shall be a defence for a person charged with an offence under sub-
section (6) above to prove-
(a) that he acted under instructions given to him by his employer, or
(b)that he acted in reliance on information given to him by others without
any reason to suppose that the information was false or misleading,
and in either case that he took all such steps as were reasonably open to him
to ensure that no offence would be committed.

(9) It shall be a defence for a person charged with an offence under sub-
section (6) above in relation to substances or articles dumped outside the ter-
ritorial waters of the Territory from a British ship, aircraft or hovercraft to
prove that they were loaded on to it in a Convention State and that the dumping
was authorized by a licence issued by the responsible authority in that State.

2. (1) In determining whether to grant a licence the Governor shall have
.regard to the need to protect the marine environment and the living resources
which it supports from any adverse consequences of dumping the substances or
articles to which the licence, if granted, will relate; and the Governor shall
include in a licence such conditions as appear to him to be necessary or expedient
for the protection of that environment and those resources from any such
consequences.

(2) The Governor may revoke a licence if it appears to him that the holder
is in breach of a condition included in it.

(3) The Governor may vary or revoke a licence if it appears to him that
the licence ought to be varied or revoked because of a change of circumstances
relating to the marine environment or the living resources which it supports,
including a change in scientific knowledge.

(4) The Governor may require an applicant for a licence to pay such fee
on applying for it as he may determine.

(5) The Governor may require an applicant to supply such information
and permit such examination and sampling of the substances or articles which
he desires to dump, or of similar substances or articles, and to supply such
information about the method of dumping which he desires to use, as in the
opinion of the Governor is necessary to enable him to decide whether a licence
should be granted and the conditions which any licence that is granted ought
to contain.

(6) The Governor may require an applicant for a licence to pay such
amount, in addition to any fee under subsection (4) above, as he may determine,
towards the expense of any tests which in the opinion of the Governor are
necessary to enable him to decide whether a licence should be granted and the
conditions which any licence that is granted ought to contain, and in particular
expense incurred in connection with any monitoring to determine the effect that
dumping may have or has had on the marine environment and the living resources
which it supports.

(7) A licence-
(a) shall specify the person to whom it is granted;
(b)shall state whether it is to remain in force until revoked or is to expire
at a time specified in the licence;
(C)shall specify the quantity and description of substances or articles to
which it relates; and
(d)may make different provision as to different descriptions of substances






or articles.





(8) The Governor may transfer a licence from the holder to any other person
on the application of that person or of the holder, but shall have power to include
additional conditions in a licence on transferring it.

(9) Any person who for the purpose of procuring the grant or transfer of a
licence, or in purporting to carry out any duty imposed on him as a condition of a
licence, knowingly or recklessly makes a false statement or knowingly or recklessly
produces, furnishes, signs or otherwise makes use of a document containing a false
statement shall be guilty of an offence and liable on summary conviction to a fine
not exceeding ¢G400

(10) A person who on the coming into force of this Act in the Territory is
authorized in writing by the Governor to dump substances or articles in the sea may
continue to do so, so long as he complies with any conditions subject to which the
authorization is given until the authorization expires or is revoked, as if the
authorization were a licence under this Act.

3. (1) Where the Governor proposes-

(a) to refuse a licence; or

(b)to include a condition in a licence, whether on granting or transferring it;
or

(c) to require a payment under section 2(6) above; or

(d) to vary or revoke a licence,

it shall be his duty, when notifying the applicant for or holder of the licence of the
proposal, also to notify him

(i) of the reason for it; and

(ii) of his right under this section to make written representations relating to
it.

(2) A notification of a proposal to vary or revoke a licence shall also include a
notice that any written representations must be received by the Governor within 28
days of the receipt of the notification.

(3) A person who receives a notification of a proposal such as is mentioned in
subsection (1) above may make written representations about it to the Governor.

(4) If the Governor receives such representations, and in the case of a
proposal to vary or revoke a licence receives them within 28 days of the receipt of
the notification of the proposal, he shall constitute a committee to consider the
representations and shall appoint one of the members of the committee to be its
chairman.

(5) The Governor shall draw up and from time to time revise a panel of
persons who are specially qualified in his opinion to be members of such
committees, and any such committee constituted by him shall be drawn from
members of such panel.

(6) It shall be the duty of the chairman of a committee-

(a)to serve upon the person who made the representations under subsection
(3) above a notice in writing requiring him to state within 14 days of the
receipt of the notice whether he wishes to make oral representations to
the committee; and

(b)to give him, not earlier than the date of the notice under paragraph (a)
above, notice in writing of the place, date and time of the meeting of the
committee.







(7) A notice under subsection (6)(b) above shall not specify a date for the
meeting of the committee earlier than 21 days from the date of the notice, unless
the person who made the representations has agreed to an earlier meeting.

(8) If the person who made the representations expresses a wish to make oral
representations to the committee, they shall afford him an opportunity of so doing,
either in person or by any person authorized by him in that behalf.

(9) The committee shall consider any representations made under subsection
(3) or (8) above and shall make a report to the Governor after the close of their
consideration, giving their findings of fact and their recommendations.





(10) Where representations relating to a proposal have been made under this
section, the Governor may make a final decision relating to the proposal only
after receiving and considering the committee's report on it.

(11) The Governor shall notify the person who made the representations of his
decision and the reasons for it and shall send him a copy of the committee's
report.

(12) Subject to subsection (13) below, the Governor may pay to a person who
makes representations under this section such sum as the Governor considers
appropriate in respect of costs or expenses incurred by him in connection with the
making of the representations and their consideration under this section.

(13) No payment shall be made under subsection'(12) above where the final
decision confirms the Governor's original proposal without modifications.

4. (1) The Governor shall compile and keep available for public inspection
free of charge at reasonable hours the notifiable particulars of any dumping licensed
by him under this Act, and shall furnish a copy of any such notifiable particulars to
any person on payment of such reasonable sum as he may determine.

(2) In subsection (1) above 'notifiable particulars' means such particulars as
the Secretary of State shall direct being particulars which Her Majesty's
Government in the United Kingdom are required to notify to the international
organizations.

5. (1) The Governor may appoint enforcement officers for the purposes of
this Act.

(2) An enforcement officer appointed under subsection (1) above is referred
to in this Act as a 'local enforcement officer'.

(3) A local enforcement officer may be either an inspector appointed for the
purposes of this Act or an officer in the public service of the Territory appointed
to exercise and perform the powers and duties of such an inspector subject to such
limitations as may be specified in the instrument appointing him; and the following
provisions of this Act shall be construed, in reference to such an officer, as subject
to any such limitations.

(4) A local enforcement officer may, for the purpose of enforcing this Act,
exercise, in relation to places and things liable to inspection under this Act, the
powers conferred by subsections (7) to (10) below.

(5) Subject to subsection (6) below, the places and things liable to inspection
under this Act are

(a)land (including land submerged at mean high water springs and buildings on
land), vehicles, aircraft and hovercraft in the Territory;

(b) ships in ports in the Territory; and

(c)British ships, aircraft, hovercraft and marine structures, wherever they
may be,

in which a local enforcement officer has reasonable cause to believe that any
substances or articles intended to be dumped in the sea are or have been present.

(6) The places liable to inspection under this Act do not include any private
dwelling not used by or by permission of the occupier for the purpose of a trade or
business.

(7) A local enforcement officer may at any reasonable time enter any place
liable to inspection under this Act, and board any vehicle, ship, aircraft, hovercraft
or marine structure which is so liable, with or without persons and equipment to
assist him in his duties.







(8) A local enforcement officer-

(a)may open any container and examine and take samples of any substances
or articles;

(b)may examine equipment and require any person in charge of it to do
anything which appears to the officer to be necessary for facilitating
examination;





(c)may require any person to produce any licences, records or other
documents which relate to the dumping of substances or articles in the sea
and which are in his custody or possession;

(d)may require any person on board a ship, aircraft, hovercraft or marine
structure to produce any records or other documents which relate to it and
which are in his custody or possession; and

(e)may take copies of any document produced under paragraph (c) or (d)
above.

(9) For the purpose of boarding a vehicle, ship, aircraft, hovercraft or marine
structure, a local enforcement officer may require the person in charge to do
anything which will facilitate boarding, and the power conferred by this subsection
includes power, in the case of a vehicle, ship or hovercraft, to require the person in
charge to stop it.

(10) A local enforcement officer may require the attendance of the master of a
ship, the commander of an aircraft, the captain of a hovercraft or the person in
charge of a marine structure on board that ship, aircraft, hovercraft or structure,
and may make any examination and inquiry which appears to him to be necessary.

(11) A local enforcement officer shall be furnished with a certificate of his
appointment and on entering or boarding for the purposes of this Act any place or
thing liable to inspection under this Act shall, if so requested, produce the said
certificate.

6. (1) If an order is in force in the United Kingdom made under section 6(1) of
this Act as in force there (in this section referred to as 'the original Act') declaring

(a)that any procedure (which has been developed for the effective
application of the London Convention, the Oslo Convention or any
designated Convention) specified in the order is an accepted procedure as
between Her Majesty's Government in the United Kingdom and the
Government of any Convention State so specified, and

(b)that the powers conferred by subsections (5) to (10) of section 5 of the
original Act may be exercised for the purpose of the enforcement of that
procedure outside United Kingdom waters

(i) in relation to a British ship or hovercraft (as defined in the original
Act), by a person of a specified class appointed to enforce it by the
Government of that State, and

(ii) in relation to a ship or hovercraft of that State, by a British
enforcement officer,

then the powers conferred by subsections (5) to (10) of section 5 of this Act may
be exercised for the purpose of the enforcement of that procedure outside the
territorial waters of the Territory

(A) in relation to a British ship or hovercraft, by a person of the class
specified in the said order, and

(B)in relation to a ship or hovercraft of the State specified in that order. by a
local enforcement officer.

(2) A person belonging to a class specified in an order referred to in the
preceding subsection is referred to in this Act as a 'foreign enforcement officer',
but any reference to a foreign enforcement officer in the following provisions of
this Act shall be construed, in relation to any person of a class so specified, as
applying to him only for the purposes of the procedure specified in the order as the
procedure for whose enforcement his Government appointed him.

7. (1) A local or foreign enforcement officer shall not be liable in any civil or
criminal proceedings for anything done in purported exercise of the powers
conferred on him by this Act if the court is satisfied that the act was done in good
faith and that there were reasonable grounds for doing it.

(2) Any person who-

(a)without reasonable excuse fails to comply with any requirement imposed,
or to answer any question asked, by a local or foreign enforcement officer
under this Act;





(b)without reasonable excuse prevents, or attempts to prevent, any other
person from complying with any such requirement or answering any
such question; or
(c)assaults any such officer while exercising any of the powers conferred
on him by or by virtue of this Act or obstructs any such officer in the
exercise of any of those powers,
shall be guilty of an offence.

(3) A person guilty of an offence under this section shall be liable on
summary conviction in the case of a first offence thereunder to a fine not
exceeding ¢G200 and in the case of a second or subsequent offence thereunder
to a fine not exceeding ¢G400

8. (1) In any civil or criminal proceedings a written statement purporting
to be a report made by a local or foreign enforcement officer on matters
ascertained in the course of exercising his powers under this Act shall be
admissible as evidence to the like extent as oral evidence to the like effect by
that officer.

(2) Subsection (1) above shall be taken to be in addition to and not to
derogate from the provisions of any other law relating to the reception or
admissibility of documentary evidence.

9. (1) Where an offence under this Act which has been committed by
a body corporate is proved to have been committed with the consent or con-
nivance of, or to be attributable to any neglect on the part of, a director,
manager, secretary or other similar officer of the body corporate, or any person
who was purporting to act in any such capacity, he, as well as the body
corporate, shall be guilty of that offence and be liable to be proceeded against
and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members,
subsection (1) above shall apply in relation to the acts and defaults ofa member
in connection with his functions of management as if he were a director of the
body corporate.

(3) Proceedings for any offence under this Act may be taken, and the
offence may for all incidental purposes be treated as having been committed,
in any place in the Territory.

10. (1) The powers conferred by subsections (7) to (10) of section 5 above
shall be exercisable, with the consent of the Governor, in relation to land in
which there is a Crown interest but in which there is also an interest held other-
wise than by or on behalf of the Crown.

(2) In subsection (1) above 'Crown interest' means any interest belonging
to Her Majesty in right of the government of the Territory.

11. (1) There shall be paid out d the general revenues of the Territory-
(a)such fees and allowances for members of committees under section 3
above;
(b) such salaries and allowances for the staff of such committees;
(c) such other expenses of such committees; and
(d) such salaries or other remuneration for local enforcement officers; and
(e)any expenses incurred under this Act by the Governor and not men-
tioned in the preceding subsections,
as the Governor may determined.

(2) Any receipts of the Governor under this Act shall be paid into the
general revenues of the Territory.

12. In this Act, unless the context otherwise requires-
-British aircraft' means an aircraft registered in the United Kingdom or in any
Territory;





'British hovercraft' means a hovercraft registered in the United Kingdom or
which is owned by an individual resident dent in or a body corporate
incorporated under the law of any Territory;

'British marine structure' means a marine structure owned by or leased to an
individual resident in or a body corporate incorporated under the law of any
part of the United Kingdom or of any Territory;

'British ship' means a vessel registered under the Merchant Shipping Act 1894(a)
in the United Kingdom or in any Territory, or a vessel exempted from such
registration;

'captain', in relation to a hovercraft, means the person who is designated by the
operator to be in charge of it during any journey, or. failing such designation,
the person who is for the time being lawfully in charge of it;

commander in relation to an aircraft, means the member of the flight crew
designated as commander of that aircraft by the operator thereof, or, failing
such a person, the person who is for the time being the pilot in command of
the aircraft;

'Convention' includes an agreement or other arrangement;

'Convention State', in relation to the London Convention, the Oslo Convention
or a designated Convention, means a State declared to be a party to that
Convention by an order for the time being in force in the United Kingdom
made under section 12(3)(b) of this Act as in force in the United Kingdom;

'designated Convention- means a Convention declared to be a designated
Convention by an order for the time being in force in the United Kingdom
made under section 12(3)(a) of this Act as in force in the United Kingdom;

'dumping' has the meaning assigned to it by section 1 above;

'foreign enforcement officer' has the meaning assigned to it by section 6(2)
above;

'Governor', in relation to any Territory, means the officer for the time being
administering the Government of that Territory or any person whom the
Governor may by order designate to perform such of the Governor's functions
under this Act as may be specified in such order;

'harbour authority- has the meaning assigned to it by section 742 of the Merchant
Shipping Act 1894;

'hovercraft' means a vehicle which is designed to be supported when in motion
wholly or partly by air expelled from the vehicle to form a cushion of which
the boundaries include the ground, water or other surface beneath the vehicle;

(a) 1894 c. 60.

The Governor of Hong Kong has ordered that the public officers designated in the first
column of the Schedule shall perform such of the Governor's functions under the Act as are
specified in the second column of the Schedule.

SCHEDULE

Designated Public Officers Functions

Director of Public Works The Governor's functions under paragraphs 1(7), 2, 3
(other than sub-paragraph (12) ), 4, 5, 10 and 11(2)
of the First Schedule to Dumping at Sea Act 1974
(Overseas Territories) Order 1975 in relation to the
dumping of substances or articles for the purposes
of the Foreshores and Seabed Ordinance Cap. 127
and Public Reclamations Works Ordinance Cap. 113.

Director of Marine The Governor's functions under paragraphs 1(7), 2, 3
(other than sub-paragraph (12) ), 4, 5, 10 and 11(2)
of the First Schedule to Dumping at Sea Act 1974
(Overseas Territories) Order 1975 in relation to the
dumping and loading of substances or articles in the
territorial waters of the Colony from any British ship,
aircraft, hovercraft or marine structure.




'international organizations- means any organization established in pursuance of
Article XIV of the London Convention or Article 16 of the Oslo
Convention and any similar organization established in pursuance of a
designated Convention;

'lighthouse authority' means a local lighthouse authority or a general lighthouse
authority within the meaning of section 634 of the Merchant Shipping Act
1894 or a harbour authority;

Ioad' means load for dumping;

'local enforcement officer' has the meaning assigned to it by section 5(2) above;

'the London Convention' means the Convention on the Prevention of Marine
Pollution by Dumping of Wastes and Other Matter concluded at London in
December 1972;

'marine structure' means a platform or other man-made structure at sea;

..master', in relation to any ship, includes the person for the time being in
charge of the ship;

'the Oslo Convention' means the Convention for the Prevention of Marine
Pollution by Dumping from Ships and Aircraft concluded at Oslo in February
1972;

'sea' includes any area submerged at mean high water springs, and also includes, so
far as the tide flows at mean high water springs, an estuary or an arm of the
sea and the waters of any channel, creek, bay, lagoon or river; and

'territorial waters' means any part of the sea within the seaward limits of the
territorial waters of the Territory.

13. (1) The restrictions imposed by this Act are in addition to any restric-

tion imposed by or under any other law, and neither affect nor are affected by any
such restriction.

(2) Subject to the provisions of section 33 of the Interpretation Act 1889

of the United Kingdom (which relates to offences under two or more laws),
nothing in this Act-

(a)confers a right of action in any civil proceedings (other than proceedings
for the recovery of a fine) in respect of any contravention of this Act; or

(b)derogates from any right of action or other remedy (whether civil or
criminal) in proceedings instituted otherwise than under this Act.

SCHEDULE 2 Article 3

2 3

Territory For

Belize.. .. 800 'Belizian dollars. 1,600 Belizian dollars.
Bermuda.. .. 500 Bermuda dollars. 1,000 Bermuda dollars.

British Indian Ocean
Territory.. 2,500 rupees. 5,000 rupees.

British Virgin Islands ...450 United States 900 United States dollars.
..dollars.

Cayman Islands ...400 Cayman Islands 800 Cayman Islands







dollars. dollars.

Falkland Islands (Colony
and Dependencies) ...

Gilbert Islands..... 350 Australian dollars. 700 Australian dollars.

Hong Kong ..... 2,500 Hong Kong 5,000 Hong Kong dollars.

dollars.





1 2 3

Territory For

Montrsrrat ..... 960 East Caribbean 1,920 East Caribbean

dollars. dollars.

Pitcairn, Henderson,

Ducie and Oeno Islands

St. Helena (Colony and

Dependencies).....

Seychelles.......2,500 rupees. 5,000 rupees.

Sovereign Base Areas of

Akrotiri and Dhekelia..400 Cyprus pounds. 800 Cyprus pounds.

Turks and Caicos Islands 500 United States 1,000 United States
dollars. dollars.

Tuvalu .......350 Australian dollars. 700 Australian dollars.





1975 No. 2169

MERCHANT SHIPPING

THE MERCHANT SHIPPING (OIL POLLUTION)

(HONG KONG) ORDER 1975

Made - - - - 19ht December 1975

Laid before Parliament 14th January 1976
Coming into Operation 3rd February 1976

At the Court at Buckingham Palace, the 19th day of December 1975

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by
section 18(1) of the Merchant Shipping (Oil Pollution) Act 1971(a), by
section 20(1) of the Merchant Shipping Act 1974(b) and all other
powers enabling Her in that behalf, is pleased, by and with the advice of
Her Privy Council, to order, and it is hereby ordered, as follows:

1. This Order may be cited as the Merchant Shipping (Oil Pollution)
(Hong Kong) Order 1975 and shall come into operation on 3rd February
1976.

2. The Interpretation Act 1889(c) shall apply, with the necessary
adaptations, for the purpose of interpreting this Order and otherwise in
relation thereto as it applies for the purpose of interpretipg, and in
relation to, Acts of Parliament.

3. The provisions of the Merchant Shipping (Oil Pollution) Act
1971 (except sections 17 and 18 thereof), subject to the exemptions,
modifications and adaptations as set out in Schedule 1 hereto, shall
extend to Hong Kong.

4. The provisions of Part I and sections 22, 23 and 24 of, and
Schedule 1 to the Merchant Shipping Act 1974, subject to the
exceptions, modifications and adaptations as set out in Schedule 2
hereto, shall extend to Hong Kong.

5. Save as is expressly provided otherwise therein, any reference in
the Schedules to this Order to any enactment of the United Kingdom
shall be construed as a reference to that enactment as applying or
extended to Hong Kong.

N. E. LEIGH

(a) 1971 c. 59.
(b) 1974 c. 43.
(c) 1889 c. 63.





SCHEDULE 1 TO THE ORDER Article 3

THE MERCHANT SHIPPING (OIL POLLUTION) ACT 1971

1. (1) Where, as a result of any occurrence taking place while a ship is carrying
a cargo of persistent oil in bulk, any persistent oil carried by the ship (whether as
part of the cargo or otherwise) is discharged or escapes from the ship, the owner of
the ship shall be liable, except as otherwise provided by this Act,

(a)for any damage caused in the area of Hong Kong by contamination
resulting from the discharge or escape; and

(b)for the cost of any measures reasonably taken after the discharge or escape
for the purpose of preventing or reducing any such damage in the area of
Hong Kong; and

(c)for any damage caused in the area of Hong Kong by any measures so taken.

(2) Where a person incurs a liability under subsection (1) of this section he
shall also be liable for any damage or cost for which he would be liable under that
subsection if the references therein to the area of Hong Kong included the area of
any other Convention country.

(3) Where persistent oil is discharged or escapes from two or more ships and

(a)a liability is incurred under this section by the owner of each of them; but

(b)the damage or cost for which each of the owners would be liable cannot
reasonably be separated from that for which the other or others would be
liable;

each of the owners shall be liable, jointly with the other or others, for the whole of
the damage or cost for which the owners together would be liable under this section.

(4) For the purposes of this Act, where more than one discharge or escape
results from the same occurrence or from a series of occurrences having the same
origin, they shall be treated as one; but any measures taken after the first of them
shall be deemed to have been taken after the discharge or escape.

(5) Section 21 of the Law Amendment and Reform (Consolidation)
Ordinance(a) shall apply in relation to any damage or cost for which a person is
liable under this section, but which is not due to his fault, as if it were due to his
fault.

2. The owner of a ship from which persistent oil has been discharged or has
escaped shall not incur any liability under section 1 of this Act if he proves that the
discharge or escape

(a)resulted from an act of war, hostilities, civil war, insurrection or an
exceptional, inevitable and irresistible natural phenomenon; or

(b)was due wholly to anything done or left undone by another person, not
being a servant or agent of the owner, with intent to do damage; or

(c)was due wholly to the negligence or wrongful act of a government or other
authority in exercising its function of maintaining lights or other
navigational aids for the maintenance of which it was responsible.

3. Where, as a result of any occurrence taking place while a ship is carrying a
cargo of persistent oil in bulk, any persistent oil carried by the ship is discharged or
escapes then, whether or not the owner incurs a liability under section 1 of this Act,

(a)he shall not be liable otherwise than under that section for any such damage
or cost as is mentioned therein; and







(b)no servant or agent of the owner nor any person performing salvage
operations with the agreement of the owner shall be liable for any such
damage or cost.

(a) Laws of Hong Kong Revised Ed. 1971, Cap. 23.





4. (1) Where the owner of a ship incurs a liability under section 1 of this Act
by reason of a discharge or escape which occurred without his actual fault or privity

(a)section 503 of the Merchant Shipping Act 1894(a) (limitation of liability)
shall not apply in relation to that liability; but

(b) he may limit the liability in accordance with the provisions of this
Act, and if he does so his liability (that is to say, the aggregate of
his liabilities under section 1 resulting from the discharge or escape)
shall not exceed 2,000 gold francs for each ton of the ship's tonnage
nor (where that tonnage would result in a greater amount) 210 million
gold francs.

(2) For the purposes of this section the tonnage of a ship shall be ascertained
as follows:

(a)if the ship is a British ship (whether registered in Hong Kong or elsewhere)
or a ship to which an Order under section 84 of the Merchant Shipping
Act 1894 applies, its tonnage shall be taken to be its registered tonnage
increased, where a deduction has been made for engine room space
in arriving at that tonnage. by the amount of that deduction;

(b)if the ship is not such a ship as is mentioned in the preceding paragraph
and it is possible to ascertain what would be its registered tonnage if it were
registered in Hong Kong, that paragraph shall apply (with the necessary
modifications) as if the ship were so registered;

(c)if the ship is not such a ship as is mentioned in paragraph (a) of this
subsection and is of a description with respect to which no provision is for
the time being made by regulations under section 1 of the Merchant
Shipping Act 1965(5) (tonnage regulations) its tonnage shall be taken to
be 40 per cent of the weight (expressed in tons of 2,240 Ibs.) of oil which
the ship is capable of carrying;

(d)if the tonnage of the ship cannot be ascertained in accordance with the
preceding paragraphs the Director of Marine shall, if so directed by the
court, certify what, on the evidence specified in the direction, would in his
opinion be the tonnage of the ship if ascertained in accordance with those
paragraphs, and the tonnage stated in his certificate shall be taken to be
the tonnage of the ship.

(3) For the purposes of this section a gold france shall be taken to be a unit of
sixty-five and a half milligrams of gold of millesimal fineness nine hundred.

(4) The Governor may from time to time by order specify the amounts which
for the purposes of this section are to be taken as equivalent to 2,000 gold francs
and 210 million gold francs respectively.

(5) Where the amounts specified by an order under the preceding subsection
are varied by a subsequent order the variation shall not affect the limit of any
liability under section 1 of this Act if, before the variation comes into force, an
amount not less than that limit (ascertained in accordance with the order then in
force) has been paid into court in proceedings for the limitation of that liability in
accordance with this Act.

5. (1) Where the owner of a ship has or is alleged to have incurred a liability
under section 1 of this Act he may apply to the court for the limitation of that
liability to an amount determined in accordance with section 4 of this Act.

(2) If on such an application the court finds that the applicant has incurred
such a liability and is entitled to limit it, the court shall, after determining the limit
of the liability and directing payment into court of the amount of that limit,

(a)determine the amounts that would, apart from the limit, be due in respect
of the liability to the several persons making claims in the proceedings;
and

(a) 1894 c. 60.
(b) 1965 c. 47; S.I. 1967/1764 (1967 III, p. 4730).

*The Governor has specified HK$742.59 and HK477,971,534.00 as the amounts which
shall be taken as equivalent to 2,000 gold francs and 210 million gold francs respectively.
(see L.N. 140/76).




(b)direct the distribution of the amount paid into court (or, as the case may
be, so much of it as does not exceed the liability) among those persons in
proportion to their claims, subject to the following provisions of this
section.

(3) No claim shall be admitted in proceedings under this section unless it is
made within such time as the court may direct or such further time as the court
may allow.

(4) Where any sum has been paid in or towards satisfaction of any claim in
respect of the damage or cost to which the liability extends,

(a)by the owner or the person referred to in section 12 of this Act as ---
theinsurer'; or

(b)by a person who has or is alleged to have incurred a liability, otherwise
than under section 1 of this Act, for the damage or cost and who is entitled
to limit his liability in connection with the ship by virtue of the Merchant
Shipping (Liability of Shipowners and Others) Act 1958(a);

the person who paid the sum shall, to the extent of that sum, be in the same
position with respect to any distribution made in proceedings under this section as
the person to whom it was paid would have been.

(5) Where the person who incurred the liability has voluntarily made any
reasonable sacrifice or taken any other reasonable measures to prevent or reduce
damage to which the liability extends or might have extended he shall be in the
same position with respect to any distribution made in proceedings under this
section as if he had a claim in respect of the liability equal to the cost of the
sacrifice or other measures.

(6) The court may, if it thinks fit, postpone the distribution of such part of
the amount to be distributed as it deems appropriate having regard to any claims
that may later be established before a court of any country outside Hong Kong.

6. (1) Where the court has found that a person who has incurred a liability
under section 1 of this Act is entitled to limit that liability to any amount and he
has paid into court a sum not less than that amount

(a)the court shall order the release of any ship or other property arrested in
connection with a claim in respect of that liability or any security given
to prevent or obtain release from such an arrest; and

(b)no judgment or decree for any such claim shall be enforced, except so far
as it is for costs,

if the sum paid into court, or such part thereof as corresponds to the claim, will be
actually available to the claimant or would have been available to him if the proper
steps in the proceedings under section 5 of this Act had been taken.

7. Where, as a result of any discharge or escape of persistent oil from a ship,
the owner of the ship incurs a liability under section 1 of this Act and any other
person incurs a liability, otherwise than under that section, for any such damage or
cost as is mentioned in subsection (1) of that section, then, if

(a)the owner has been found, in proceedings under section 5 of this Act, to
be entitled to limit his liability to any amount and has paid into court a
sum not less than that amount; and

(b)the other person is entitled to limit his liability in connection with the
ship by virtue of the Merchant Shipping (Liability of Shipowners and
Others) Act 1958;

no proceedings shall be taken against the other person in respect of his liability,
and if any such proceedings were commenced before the owner paid the sum into






court, no further steps shall be taken in the proceedings except in relation to costs.

(a) 1958 c. 62; S.I. 196311632 (1963 Ill, p. 3082).





8. Where the events resulting in the liability of any person under section 1
of this Act also resulted in a corresponding liability under the law of another
Convention country sections 6 and 7 of this Act shall apply as if the references
to sections 1 and 5 of this Act included references to the corresponding provi-
sions of that law and the references to sums paid into court included references
to any sums secured under those provisions in respect of the liability.
9. No action to enforce a claim in respect of a liability incurred under
section 1 of this Act shall be entertained by any court in Hong Kong unless
the action is commenced not later than three years after the claim arose nor
later than six years after the occurrence or first of the occurrences resulting
in the discharge or escape by reason of which the liability was incurred.
10. (1) Subject to the provisions of this Act relating to Government
ships, subsection (2) of this section shall apply to any ship carrying in bulk
a cargo of more than 2,000 tons of persistent oil of a description specified in
regulations made by the Governor.
(2) The ship shall not enter or leave a port in Hong Kong or arrive at
or leave a terminal in the territorial sea of Hong Kong nor, if the ship is
registered in Hong Kong, a port in any other country or a terminal in the
territorial sea of any other country, unless there is in force a certificate com-
plying with the provisions of subsection (3) of this section and showing that
there is in force in respect of the ship a contract of insurance or other security
satisfying the requirements of Article VII of the Convention (cover for owner's
liability).
(3) The certificate must be-
(a)if the ship is registered in Hong Kong, a certificate issued by the
Governor;
(b)if the ship is registered in a Convention country other than Hong
Kong, a certificate issued by or under the authority of the government
of the other Convention country; and
(c)if the ship is registered in a country which is not a Convention country,
a certificate recognized for the purposes of this paragraph by regula-
tions made under this section.
(4) The Governor may by regulations provide that certificates in respect
of ships registered in any, or any specified, country which is not a Convention
country shall, in such circumstances as may be specified in the regulations,
be recognised for the purposes of subsection (3)(c) of this section if issued by
or under the authority of the government of the country designated in the
regulations in that behalf; and the country that may be so designated may
be either or both of the following, that is to say-
(a) the country in which the ship is registered; and
(b)any country specified in the regulations for the purposes of this
paragraph.
(5) Any certificate required by this section to be in force in respect of
a ship shall be carried in the ship and shall, on demand, be produced by the
master to the Director of Marine or any officer of the Marine Department
authorised by him.
(6) If a ship enters or leaves, or attempts to enter or leave, a port or
arrives at or leaves, or attempts to arrive at or leave, a terminal in contraven-
tion of subsection (2) of this section, the master or owner shall be liable on
conviction on indictment to a fine, or on summary conviction to a fine not
exceeding 400,000 dollars.
(7) If a ship fails to carry, or the master of a ship fails to produce, a
certificate as required by subsection (5) of this section the master shall be
liable on summary conviction to a fine not exceeding 5,000 dollars.
(8) If a ship attempts to leave a port in Hong Kong in contravention
of this section the ship may be detained.
11. (1) Subject to subsection (2) of this section, if the Governor is
satisfied, on an application for such a certificate as is mentioned in section
10 of this Act in respect of a ship registered in Hong Kong that there will be in
force in respect of the ship, throughout the period for which the certificate
is to be issued, a contract of insurance or other security satisfying the require-
ments of Article VII of the Convention, the Governor shall issue such a
certificate to the owner.





(2) If the Governor is of opinion that there is a doubt whether the person
providing the insurance or other security will be able to meet his obligations
thereunder, or whether the insurance or other security will cover the owner's
liability under section 1 of this Act in all circumstances, he may refuse the
certificate.

(3) The Governor may make regulations-

(a)prescribing the fee to be paid on an application for a certificate to be issued
by him under this section; and

(b)providing for the cancellation and delivery up of such a certificate in such
circumstances as may be prescribed by the regulations.

(4) If a person required by regulations under subsection (3)(b) of this section to
deliver up a certificate fails to do so he shall be liable on summary conviction to a
fine not exceeding 2,500 dollars.

(5) The Governor shall send a copy of any certificate issued by him under this
section in respect of a ship registered in Hong Kong to the Registrar of Ships, Hong
Kong, who shall make the copy available for public inspection.

12. (1) Where it is alleged that the owner of a ship has incurred a liability under
section 1 of this Act as a result of any discharge or escape of oil occurring while
there was in force a contract of insurance or other security to which such a
certificate as is mentioned in section 10 of this Act related, proceedings to enforce
a claim in respect of the liability may be brought against the person who provided
the insurance or other security (in the following provisions of this section referred
to as 'the insurer').

(2) In any proceedings brought against the insurer by virtue of this section it
shall be a defence (in addition to any defence affecting the owner's liability) to
prove that the discharge or escape was due to the wilful misconduct of the owner
himself.

(3) The insurer may limit his liability in respect of claims made against him by
virtue of this section in like manner and to the same extent as the owner may limit
his liability but the insurer may do so whether or not the discharge or escape
occurred without the owner's actual fault or privity.

(4) Where the owner and the insurer each apply to the court for the limitation
of his liability any sum paid into court in pursuance of either application shall be
treated as paid also in pursuance of the other.

(5) The Third Parties (Rights against Insurers) Ordinance(a) shall not apply in
relation to any contract of insurance to which such a certificate as is mentioned in
section 10 of this Act relates.

13. (1) Paragraph (d) of section 1(1) of the Administration of Justice
Act 1956 as applied in Hong Kong by the Admiralty Jurisdiction (Hong Kong)
Order-in-Council 1962(b) (Admiralty jurisdiction in claims for damage done
by ships) shall be costrued as extending to any claim in respect of a liability
incurred under this Act.

(2) Where any persistent oil is discharged or escapes from a ship but does not
result in any damage caused by contamination in the area of Hong Kong and no
measures are reasonably taken to prevent or reduce such damage in that area, no
court in Hong Kong shall entertain an action (whether in rem or in personam) to
enforce a claim arising from

(a)any damage caused in the area of another Convention country by
contamination resulting from the discharge or escape;

(b)any cost incurred in taking measures to prevent or reduce such damage in
the area of another Convention country; or

(c) any damage caused by any measures so taken.

(3) Sections 3, 4, 5, 6, 7, 8 and 9 of the Foreign Judgments (Reciprocal
Enforcement) Ordinance(c) shall apply, whether or not they would so apply apart
from this section, to any judgment given by a court in a Convention country to
enforce a claim in respect of a liability incurred under any provision corresponding
to section 1 of this Act; and in the application of sections 3, 4,

(a) Laws of Hong Kong Revised Ed. 1964. Cap. 273.
(b) S.1. 1962/1547 (1962 II, p. 1669).
(c) Laws of Hong Kong Revised Ed. 1965. Cap. 319.





5, 6, 7, 8 and 9 of the Foreign Judgments (Reciprocal Enforcement)
Ordinance to such a judgment, the said sections shall have effect with the
omission of subsections (2) and (3) of section 6 of that Ordinance.

14. (1) Nothing in the preceding provisions of this Act applies in relation to
any warship or any ship for the time being used by the government of any State for
other than commercial purposes.

(2) In relation to a ship owned by a State and for the time being used for
commercial purposes it shall be a sufficient compliance with subsection (2) of
section 10 of this Act if there is in force a certificate issued by the government of
that State and showing that the ship is owned by that State and that any liability for
pollution damage as defined in Article I of the Convention will be met up to the
limit prescribed by Article V thereof.

(3) Every Convention State shall, for the purposes of any proceedings brought
in a court in Hong Kong to enforce a claim in respect of a liability incurred under
section 1 of this Act, be deemed to have submitted to the jurisdiction of that court,
and accordingly rules of court may provide for the manner in which such
proceedings are to be commenced and carried on; but nothing in this subsection
shall authorise the issue of execution against the property of any State.

is. (1) Where,-

(a)after an escape or discharge of persistent oil from a ship, measures are
reasonably taken for the purpose of preventing or reducing damage in the
area of Hong Kong which may be caused by contamination resulting from
the discharge or escape; and

(b)any person incurs, or might but for the measures have incurred, a liability,
otherwise than under section 1 of this Act, for any such damage;

then, notwithstanding that subsection (1)(b) of that section does not apply, he
shall be liable for the cost of the measures, whether or not the person taking them
does so for the protection of his interests or in the performance of a duty.

(2) For the purposes of section 503 of the Merchant Shipping Act 1894(a)
(limitation of liability) any liability incurred under this section shall be deemed to
be a liability to damages in respect of such loss, damage or infringement as is
mentioned in subsection (1)(d) of that section.

16. Nothing in this Act shall prejudice any claim, or the enforcement of any
claim, a person incurring any liability under this Act may have against another
person in respect of that liability.

19. (1) In this Act-

'the Convention- means the International Convention on Civil Liability for Oil
Pollution Damage signed in Brussels in 1969;

-Convention country' means a country in respect of which the Convention is in
force; and

-Convention State' means a State which is a party to the Convention.

(2) If Her Majesty by Order in Council made under this subsection as it applies
in the United Kingdom declares that any State specified in the Order is a party to
the Convention in respect of any country so specified the Order shall, while in
force, be conclusive evidence that that State is a party to the Convention in
respect of that country.

20. (1) In this Act-

'damage' includes loss;

'owner', in relation to a registered ship, means the person registered as its owner,
except that in relation to a ship owned by a State which is operated by a
person registered as the ship's operator, it means the person registered as its
operator;

'the court' means the Supreme Court of Hong Kong or ajudge thereof;

(a) 1894 c. 60.





'Governor' means the Governor of Hong Kong or any officer authorized by him;

'Director of Marine' means the Director of Marine in Hong Kong;

'Marine Department' means the Marine Department in Hong Kong;

'Gazette' means the Hong Kong Government Gazette and any supplement
thereto;

'dollars' means Hong Kong dollars.

(2) In relation to any damage or cost resulting from the discharge or escape of
any oil carried in a ship references in this Act to the owner of the ship are
references to the owner at the time of the occurrence or first of the occurrences
resulting in the discharge or escape.

(3) References in this Act to the area of any country include the territorial sea
of that country.

21. (2) This Act shall be construed as one with the Merchant Shipping Acts
1894 to 1967.

(3) This Act shall come into force on such day as the Governor may by notice
in the Gazette appoint and difrerent days may be so appointed for different
provisions of this Act.

SCHEDULE 2 TO THE ORDER Article 4
THE MERCHANT SHIPPING ACT 1974

PART I

THE INTERNATIONAL OIL POLLUTION COMPIENSA17ON
FuND

1. (1) In this Part of this Act-

(a)the 'Liability Convention' means the International Convention on Civil
Liability for Oil Pollution Damage opened for signature in Brussels on
29th November 1969;

(b)the 'Fund Convention' means the International Convention on the
Establishment of an International Fund for Compensation for Oil
Pollution Damage opened for signature in Brussels on 18th December
1971;

(c)'the Fund' means the International Fund established by the Fund
Convention; and

(d)'Fund Convention country' means a country in respect of which the Fund
Convention is in force.

(2) If Her Majesty by Order in Council made under this subsection as it applies
in the United Kingdom declares that any State specified in the Order is a party to
the Fund Convention in respect of any country so specified the Order shall, while
in force, be conclusive evidence that that State is a party to the Convention in
respect of that country.

(3) In this Act, unless the context otherwise requires-

the 'Act of 1971' means the Merchant Shipping (Oil Pollution) Act 1971(a),

'damage' includes loss,

'discharge or escape', in relation to pollution damage, means the discharge or
escape of oil carried by the ship,

'dollars' means Hong Kong dollars,

'guarantor' means any person providing insurance or other financial security to
cover. the owner's liability of the kind described in section 10 of the Act of
1971,

The Governor has appointed the Director of Marine as an officer authorized by hint for the
purposes of sections 10(3)(a) and 11(1), (2) and (5) of the Act as extended to Hong Kong.
(see L.N. 142/76)

The Governor has appointed the 18th June 1976 as the day on which the Merchant
Shipping (Oil Pollution) Act 1971 shall come into force. (see L.N. 141/76)

(a) 1971 c. 59.
1976 Ed.] Merchant Shipping (Oil Pollution) [App. M

.,oil', except in sections 2 and 3, means persistent hydrocarbon mineral oil,

..owner' means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship, except that in relation to a ship owned by a State which is operated by a person registered as the ship's operator, it means the person registered as its operator,

'pollution damage' means damage caused outside the ship carrying oil by contamination resulting from the escape or discharge of oil from the ship, wherever the escape or discharge may occur, and includes the cost of preventive measures and further damage caused by preventive measures,

-preventive measures- means any reasonable measures taken by any person after the occurrence to prevent or minimise pollution damage,

'ship' means any sea-going vessel and any seaborne craft of any type whatsoever carrying oil in bulk as cargo,

'Governor' means the Governor of Hong Kong or any officer authorized by him,

'Gazette' means the Hong Kong Government Gazette and any supplement thereto.

(4) For the purposes of this Part of this Act a ship's tonnage shall be the net tonnage of the ship with the addition of the amount deducted from the gross tonnage on account of engine room space for the purpose of ascertaining the net tonnage.

If the ship cannot be measured in accordance with the normal rules, its tonnage shall be deemed to be 40 per cent. of the weight in tons (of 2,240 lbs.) of oil which the ship is capable of carrying.

(5) For the purposes of this Part of this Act, where more than one discharge or escape results from the same occurrence or from a series of occurrences having the same origin, they shall be treated as one.

(6) In this Part of this Act a franc shall be taken to be a unit of 651 milligrammes of gold of millesimal fineness 900.

(7) The Governor may from time to time by order specify the amounts which for the purposes of this Part of this Act arc to be taken as equivalent to any specified number of francs.

Contributions to Fund

2. (1) Contributions shall be payable to the Fund in respect of oil carried by sea to ports or terminal installations in Hong Kong.

(2) Subsection (1) above applies whether or not the oil is being imported, and applies even if contributions are payable in respect of carriage of the same oil on a previous voyage.

(3) Contributions shall also be payable to the Fund in respect of oil when first received in any installation in Hong Kong after having been carried by sea and discharged in a port or terminal installation in a country which is not a Fund Convention country.

(4) The person liable to pay contributions is

(a) in the case of oil which is being imported into Hong Kong, the importer, and

(b) otherwise, the person by whom the oil is received.

(5) A person shall not be liable to make contributions in respect of the oil imported or received by him in any year if the oil so imported or received in the year does not exceed 150,000 tonnes.

(6) For the purpose of subsection (5) above

(a) all the members of a group of companies shall be treated as a single person, and

(b) any two or more companies which have been amalgamated into a single company shall be treated as the same person as that single company.
App. III] Merchant Shipping (Oil Pollution) [1976 Ed.

(7) The contributions payable by a person for any year shall

(a) be of such amount as may be determined by the Assembly of the Fund under Articles 11 and 12 of the Fund Convention and notified to him by the Fund;

(b) be payable in such instalments, becoming due at such times, as may be so notified to him;

and if any amount due from him remains unpaid after the date on which it became due, it shall from then on bear interest, at a rate determined from time to time by the said Assembly, until it is paid.

(8) The Governor may by regulations impose on persons who are or may be liable to pay contributions under this section obligations to give security for payment to the Governor, or to the Fund.

Regulations under this subsection

(a) may contain such supplemental or incidental provisions as appear to the Governor expedient, and

(b) may impose penalties for contravention of the regulations punishable on summary conviction by a fine not exceeding 5,000 dollars, or such lower limit as may be specified in the regulations.

(9) In this and the next following section, unless the context otherwise requires

,.company' means a body incorporated under the law of Hong Kong, or of any other country;

.,group' in relation to companies, means a holding company and its subsidiaries as defined by section 126 of the Companies Ordinance(a), subject, in the case of a company incorporated outside Hong Kong, to any necessary modifications of those definitions;

'importer' means the person by whom or on whose behalf the oil in question is entered for customs purposes on importation, and 'import' shall be construed accordingly;

,,oil' means crude oil and fuel oil, and

(a) 'crude oil' means any liquid hydrocarbon mixture occurring naturally in the earth whether or not treated to render it suitable for transportation, and includes

(i) crude oils from which distillate fractions have been removed, and

(ii) crude oils to which distillate fractions have been added,

(b) 'fuel oil' means heavy distillates or residues from crude oil or blends of such materials intended for use as a fuel for the production of heat or power of a quality equivalent to the 'American Society for Testing and Materials' Specification for Number Four Fuel Oil (Designation D 396-69)', or heavier;

'terminal installation' means any site for the storage of oil in bulk which is capable of receiving oil from waterborne transportation, including any facility situated offshore and linked to any such site.

(10) In this section 'sea' does not include any waters within the boundaries of Hong Kong as defined in the Second Schedule of the Interpretation and General Clauses Ordinance(b).

3. (1) For the purpose of transmitting to the Fund the names and addresses of the persons who under the last preceding section are liable to make contributions to the Fund for any year, and the quantity of oil in respect of which they are so liable, the Governor may by notice require any person engaged in producing, treating, distributing or transporting oil to furnish such information as may be specified in the notice.

(a) Laws of Hong Kong Revised Ed. 1975, Cap. 32. (b) Laws of Hong Kong Revised Ed. 1975, Cap. 1.
1976 Ed.] Merchant Shipping (Oil Pollution) [App. M

(2) A notice under this section may require a company to give such information as may be required to ascertain whether its liability is affected by subsection (6) of the last preceding section.

(3) A notice under this section may specify the way in which, and the time within which, it is to be complied with.

(4) In the proceedings by the Fund against any person to recover any amount due under the last preceding section, particulars contained in any list transmitted by the Governor to the Fund shall, so far as those particulars are based on information obtained under this section, be admissible as evidence of the facts stated in the list; and so far as particulars which are so admissible are based on information given by the person against whom the proceedings are brought, those particulars shall be presumed to be accurate until the contrary is proved.

(5) If a person discloses any information which has been furnished to or obtained by him under this section, or in connection with the execution of this section, he shall, unless the disclosure is made

(a) with the consent of the person from whom the information was obtained, or

(b) in connection with the execution of this section, or

(c) for the purposes of any legal proceedings arising out of this section, or of any report of such proceedings,

be liable on summary conviction to a fine not exceeding 5,000 dollars.

(6) A person who

(a) refuses or wilfully neglects to comply with a notice under this section or

(b) in furnishing any information in compliance with a notice under this section makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular,

shall be liable

(i) on summary conviction to a fine not exceeding 5,000 dollars, and

(ii) on conviction on indictment to a fine, or to imprisonment for a term not exceeding twelve months. or to both.

Compensation for persons suffering pollution damage

4. (1) The Fund shall be liable for pollution damage in Hong Kong if the person suffering the damage has been unable to obtain full compensation under section 1 of the Act of 1971 (which gives effect to the Liability Convention)

(a) because the discharge or escape causing the damage-
(i) resulted from an exceptional, inevitable and irresistible phenomenon, or

(ii) was due wholly to anything done or left undone by another person (not being a servant or agent of the owner) with intent to do damage, or

(iii) was due wholly to the negligence or wrongful act of a government or other authority in exercising its function of maintaining lights or other navigational aids for the maintenance of which it was responsible,

(and because liability is accordingly wholly displaced by section 2 of the Act of 1971), or

(b) because the owner or guarantor liable for the damage cannot meet his obligations in full, or

(c) because the damage exceeds the liability under section 1 of the Act of 1971 as limited

(i) by section 4 of the Act of 1971, or

(ii) (where the said section 4 is displaced by section 9 of this Act) by section 503 of the Merchant Shipping Act 1894(a).

(a) 1894 c. 60.
App. III] Merchant Shipping (Oil Pollution) [1976 Ed.

(2) Subsection (1) above shall apply with the substitution for the words 'Hong Kong' of the words 'a Fund Convention country' where the incident has caused pollution damage both in Hong Kong and in another Fund Convention country, and proceedings under the Liability Convention for compensation for the pollution damage have been brought in a country which is not a Fund Convention country or in Hong Kong.

(3) Where the incident has caused pollution damage both in Hong Kong and in another country in respect of which the Liability Convention is in force, references in this section to the provisions of the Act of 1971 shall include references to the corresponding provisions of the law of any country giving effect to the Liability Convention.

(5) For the purposes of this section an owner or guarantor is to be treated as incapable of meeting his obligations if the obligations have not been met after all reasonable steps to pursue the legal remedies available have been taken.

(6) Expenses reasonably incurred, and sacrifices reasonably made, by the owner voluntarily to prevent or minimise pollution damage shall be treated as pollution damage for the purposes of this section, and accordingly he shall be in the same position with respect to claims against the Fund under this section as if he had a claim in respect of liability under section 1 of the Act of 1971.

(7) The Fund shall incur no obligation under this section if

(a) it proves that the pollution damage

(i) resulted from an act of war, hostilities, civil war or insurrection, or

(ii) was caused by oil which has escaped or been discharged from a warship or other ship owned or operated by a State and used, at the- time of the occurrence, only on Government non-commercial service, or

(b) the claimant cannot prove that the damage resulted from an occurrence involving a ship identified by him, or involving two or more ships one of which is identified by him.

(8) If the Fund proves that the pollution damage resulted wholly or partly

(a) from an act or omission done with intent to cause damage by the person who suffered the damage, or

(b) from the negligence of that person, the Fund may be exonerated wholly or partly from its obligation to pay compensation to that person:

Provided that this subsection shall not apply to a claim in respect of expenses or sacrifices made voluntarily to prevent or minimise pollution damage.

(9) Where the liability under section 1 of the Act of 1971 is limited to any extent by subsection (5) of that section (contributory negligence), the Fund shall be exonerated to the same extent.

(10) The Fund's liability under this section shall be subject to the limits imposed by paragraphs 4, 5 and 6 of Article 4 of the Fund Convention which impose an overall liability on the liabilities of the owner and of the Fund, and the text of which is set out in Schedule 1 to this Act.

(11) Evidence of any instrument issued by any organ of the Fund or of any document in the custody of the Fund, or any entry in or extract from such a document, may be given in any legal proceedings by production of a copy certified as a true copy by an official of the Fund; and any document purporting to be such a copy shall be received in evidence without proof of the official position or handwriting of the person signing the certificate.

(12) For the purpose of giving effect to the said provisions of Article 4 of the Fund Convention a court giving judgment against the Fund in proceedings under this section shall notify the Fund, and





(a)no steps shall be taken to enforce the judgment unless and until the
court gives leave to enforce it,

(b)that leave shall not be given unless and until the Fund notifies the court
either than the amount of the claim is not to be reduced under the said
provisions of Article 4 of the Fund Convention, or that it is to be reduced
to a specified amount, and

(c)in the latter case the judgment shall be enforceable only for the reduced
amount.

Indemnification of shipowners

5. (1) Where a liability is incurred under section 1 of the Act of 1971 in
respect of a ship registered in a Fund Convention country the Fund shall indemnify
the owner and his guarantor for that portion of the aggregate amount of the
liability which

(a)is in excess of an amount equivalent to 1,500 francs for each ton of the
ship's tonnage or of an amount of 125 million francs, whichever is the
less, and

(b)is not in excess of an amount equivalent to 2,000 francs for each ton of
the said tonnage or an amount of 210 million francs, whichever is the
less.

(2) Where proceedings under the Liability Convention for compensation for
pollution damage have been brought in a country which is not a Fund Convention
country (but is a country in respect of which the Liability Convention is in force),
and the incident has caused pollution damage in Hong Kong (as well as in that
other country) subsection (1) above shall apply with the omission of the words
'under section 1 of the Act of 1971

(3) The Fund shall not incur an obligation under this section where the
pollution damage resulted from the wilful misconduct of the owner.

(4) In proceedings to enforce the Fund's obligation under this section the court
may exonerate the Fund wholly or partly if it is proved that, as a result of the
actual fault or privity of the owner

(a)the ship did not comply with such requirements as the Governor may by
order prescribe for the purposes of this section, and

(b)the occurrence or damage was caused wholly or partly by that
noncompliance.

(5) The requirements referred to in subsection (4) above are such requirements
as appear to the Governor appropriate to implement the provisions of

(a) article 5(3) of the Fund Convention (marine safety conventions), and

(b)article 5(4) of the Fund Convention (which enables the Assembly of the
Fund to substitute new conventions).

(6) An order made under subsection (4) above-

(a) may be varied or revoked by a subsequent order so made, or

(b)may contain such transitional or other supplemental provisions as appear
to the Governor to be expedient.

(7) Expenses reasonably incurred, and sacrifices reasonably made, by the
owner voluntarily to prevent or minimise the pollution damage shall be treated as
included in the owner's liability for the purposes of this section.

Supplemental

6. (1) Paragraph (d) of section 1(1) of the Administration of Justice
Act 1956 as applied in Hong Kong by the Admiralty Jurisdiction (Hong Kong)
Order in Council 1962(a) (Admiralty jurisdiction in claims for damage done by
ships) shall be construed as extending to any claim in respect of a liability
falling on the fund under this Part of this Act.

(a) S.I. 1962/1547 (1962 11, p. 1669).





(2) Where in accordance with rules of court made for the purposes of this
subsection the Fund has been given notice of proceedings brought against an owner
or guarantor in respect of liability under section 1 of the Act of 1971, any
judgment given in the proceedings shall, after it has become final and enforceable,
become binding upon the Fund in the sense that the facts and evidence in the
judgment may not be disputed by the Fund even if the Fund has not intervened in
the proceedings.

(3) Where a person incurs a liability under the law of a Fund Convention
country corresponding to the Act of 1971 for damage which is partly in the area of
Hong Kong, subsection (2) above shall, for the purpose of proceedings under this
Part of this Act, apply with any necessary modifications to ajudgment in
proceedings under that law of the said country.

(4) Subject to subsection (5) below, sections 3, 4, 5, 6, 7, 8 and 9 of the
Foreign Judgments (Reciprocal Enforcement) Ordinance(a) shall apply, whether or
not they would so apply from this subsection, to any judgment given by a court in a
Fund Convention country to enforce a claim in respect of liability incurred under
any provision corresponding to section 4 or 5 of this Act; and in the application of
sections 3, 4, 5, 6, 7, 8 and 9 of the Foreign Judgments (Reciprocal Enforcement)
Ordinance to such a judgment the said sections shall have effect with the omission
of subsections (2) and (3) of section 6 of that Ordinance.

(5) No steps shall be taken to enforce such a judgment unless and until the
court in which it is registered under the Foreign Judgments (Reciprocal
Enforcement) Ordinance gives leave to enforce it: and

(a)that leave shall not be given unless and until the Fund notifies the court
either that the amount of the claim is not to be reduced under paragraph 4
of Article 4 of the Fund Convention (as set out in Schedule 1 to this Act)
or that it is to be reduced to a specified amount; and

(b)in the latter case, the judgment shall be enforceable only for the reduced
amount.

7. (1) No action to enforce a claim against the Fund under this Part of this
Act shall be entertained by a court in Hong Kong unless

(a) the action is commenced, or

(b~a third-party notice of an action to enforce a claim against the owner or
his guarantor in respect of the same damage is given to the Fund,

not later than three years after the claim against the Fund arose.

In this subsection -third-party notice' means a notice of the kind described in
subsections (2) and (3) of the last preceding section.

(2) No action to enforce a claim against the Fund under this Part of this Act
shall be entertained by a court in Hong Kong unless the action is commenced not
later than six years after the occurrence, or first of the occurrences, resulting in the
discharge or escape by reason of which the claim against the Fund arose.

(3) Notwithstanding the preceding provisions of this section, a person's right
to bring an action under section 5 of this Act shall not be extinguished before six
months from the date when that person first acquired knowledge of the bringing of
an action against him under the Act of 1971 (that is to say an action to enforce a
liability against which he seeks indemnity), or under the corresponding provisions
of the law of any country outside Hong Kong giving effect to the Liability
Convention.

8. (1) In respect of any sum paid under section 4(1)(b) of this Act (default by
owner or guarantor on liability for pollution damage) the Fund shall acquire by
subrogation the rights of the recipient against the owner or guarantor.







(2) The right of the Fund under subsection (1) above is subject to any
obligation of the Fund under section 5 of this Act to indemnify the owner or
guarantor for any part of the liability on which he has defaulted.

(3) In respect of any sum paid-

(a) Laws of Hong Kong Revised Ed. 1965, Cap. 319.





(a) under paragraph (a) or paragraph (c) of section 4(1); or

(b) under section 5,

the Fund shall acquire by subrogation any rights of recourse or subrogation which
the owner or guarantor or any other person has in respect of his liability for the
damage in question.

(4) In respect of any sum paid by the Government of Hong Kong as
compensation for pollution damage, the Government of Hong Kong shall acquire
by subrogation any rights which the recipient has against the Fund under this Part
of this Act.

9. In the Act of 1971 after section 8 there shall be inserted the following
section

Cases excluded 'TA. (1) Sections 4 to 8 of this Act shall not apply to a
from sections ship which at the time of the discharge or escape was registered

4 to 8. in a country-

(a) which was not a Convention country, and

(b)which was a country in respect of which the 1957
Convention was in force.

(2) In this section 'the 1957 Convention' means the
International Convention relating to the Limitation of the Liability
of Owners of Seagoing Ships signed in Brussels on 10th October
1957.

(3) If Her Majesty by Order in Council made under this
subsection as it applies in the United Kingdom declares that any
country

(a)is not a Convention country within the meaning of this
Act, and

(b)is a country in respect of which the 1957 Convention is in
force,

or that it was such a country at a time specified in the Order, the
Order shall, while in force, be conclusive evidence of the facts stated
in the Order.'.

PART V

Supplemental

22. Where an offence under this Act, or under regulations made under any of
its provisions, which has been committed by a body corporate is proved to have
been committed with the consent or connivance of, or to be attributable to any
neglect on the part of, a director, manager, secretary or other similar officer of the
body corporate, or any person who was purporting to act in any such capacity, he,
as well as the body corporate, shall be guilty of that ofrence and shall be liable to be
proceeded against and punished accordingly.

In this section 'director', in relation to a body corporate established by or
under any enactment for the purpose of carrying on under public ownership any
industry or part of an industry or undertaking, being a body corporate whose affairs
are managed by its members, means a member of that body corporate.

23. (1) This Act shall be construed as one with the Merchant Shipping Acts
1894 to 1971, and without prejudice to the generality of this provision, references
in those Acts to the Merchant Shipping Acts shall be construed as including






references to this Act.

(2) References in this Act to the area of any country include the territorial sea
of that country, and references to pollution damage in Hong Kong shall be
construed accordingly.

(4) Except so far as the context otherwise requires, any reference in this Act
to an enactment shall be construed as a reference to that enactment as amended or
extended by or under any other enactment.





24. (2) This Act shall come into force on such day as the Governor may
appoint by notice in the Gazette and different days may be appointed for different
provisions, or for different purposes.

(3) An order under subsection (2) above may make such transitional provision
as appears to the Governor to be necessary or expedient in connection with the
provisions thereby brought into force, including such adaptations of those
provisions, or any provisions of this Act then in force, as appear to him to be
necessary or expedient in consequence of the partial operation of this Act
(whether before or after the day appointed by the notice).

SCHEDULE 1 TO THE ACT

OVERALL, LIMIT ON LIABILITY OF FUND

Article 4-paragraphs 4, 5, and 6

4.(a) Except as otherwise provided in sub-paragraph (b) of this paragraph,
the aggregate amount of compensation payable by the Fund under this
Article shall in respect of any one incident be limited, so that the total
sum of that amount and the amount of compensation actually paid under
the Liability Convention for pollution damage caused in the territory of
the Contracting States, including any sums in respect of which the Fund is
under an obligation to indemnify the owner pursuant to Article 5,
paragraph 1, of this Convention, shall not exceed 450 million francs.

(b)The aggregate amount of compensation payable by the Fund under this
Article for pollution damage resulting from a natural phenomenon of an
exceptional, inevitable and irresistible character shall not exceed 450
million francs.

5. Where the amount of established claims against the Fund exceeds the
aggregate amount of compensation payable under paragraph 4, the amount
available shall be distributed in such a manner that the proportion between any
established claim and the amount of compensation actually recovered by the
claimant under the Liability Convention and this Convention shall be the same for
all claimants.

6. The Assembly of the Fund may, having regard to the experience of
incidents which have occurred and in particular the amount of damage resulting
therefrom and to changes in the monetary values, decide that the amount of 450
million francs referred to in paragraph 4, sub-paragraph (a) and (b), shall be
changed; provided, however, that this amount shall in no case exceed 900 million
francs or be lower than 450 million francs. The changed amount shall apply to
incidents which occur after the date of the decision effecting the change.

The Governor has appointed the 18th June 1976 as the day on which section 9 of the

Merchant Shipping Act 1974 shall come into force. (see L.N. 141176)





1976 No. 1912

CIVIL AVIATION

THE CIVIL AVIATION ACT 1971 (OVERSEAS
TERRITORIES) ORDER 1976

Made 15th November 1976

Coming intp Operation 7th December 1976

At the Court at Buckingham Palace, the 15th day of November 1976

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by section
66(1) of the Civil Aviation Act 1971(a), is pleased, by and with the
advice of Her Privy Council, to order, and it is hereby ordered as
follows:

Citation, commencement and interpretation

1. (1) This Order may be cited as the Civil Aviation Act 1971
(Overseas Territories) Order 1976 and shall come into operation on 7th
December 1976.

(2) The Interpretation Act 1889(b) shall apply, with the necessary
adaptations, for the purpose of interpreting this Order, and otherwise in
relation thereto, as it applies for the purpose of interpreting, and in
relation to, Acts of Parliament.

Extension of s. 62 of Act of
1971

2. Section 62 of the Civil Aviation Act 1971, modified as in
Schedule 1 hereto, shall extend to the territories specified in Schedule 2
hereto.

N. E. LEIGH.

SCHEDULE1 Article 2

SECTION 62 OF THE CIVIL AVIATION ACT 1971 AS EXTENDED TO THE
TERRITORIES SPECIFIED IN SCHEDULE 2

62. (1) In section 8(4) of the Civil Aviation Act 1949(c) as
extended to the territories specified in Schedule 2 hereto by the Civil
Aviation Act 1949 (Overseas Territories) Order 1969(d) (which enables
and Air Navigation (Overseas Territories) Order to provide for penalties
which may include a fine of ¢G200 or imprisonment for six months) for
the words from 'of penalties' to 'six months' there shall be substituted
the words 'on summary conviction to a fine not exceeding ¢G400 and on
convictio on indictment to a fine or imprisonment for a term not
exceeding two years or both'.

(a) 1971 c. 75. (c) 1949 c. 67.

(b) 1889 c. 63. (d) S.I. 1969/592 (1969 I, p. 1650).





SCHEDULE 2

Territories to which this Order applies

Belize.
Bermuda.
British Antarctic Territory.
British Indian Ocean Territory.
British Virgin Islands.
Cayman Islands.
Falkland Islands (Colony and Dependencies).
Gibraltar.
Gilbert Islands.
Hong Kong.
Montserrat
Pitcairn, Henderson Ducie and Oeno Islands.
St. Helena (Colony and Dependencies).
Solomon Islands.
Sovereign Base Areas of Akrotiri and Dhekeklia
Turks and Caicos Islands.
Tulalu





1976 No. 1037

FUGITIVE CRIMINAL

THE FINLAND (EXTRADMON) ORDER 1976

Made - - - - 2nd July 1976

Laid before Parliament 9th July 1976

Coming into Operation 12th August 1976

At the Court at Buckingham Palace, the 2nd day of July 1976

Present,

The Queen's Most Excellent Majesty in Council

Whereas a Treaty was concluded on 29th October 1975 between
the Government of the United Kingdom of Great Britain and Northern
Ireland and the Government of the Republic of Finland for the reciprocal
extradition of offenders, the terms of which are set out in Schedule 1 to
this Order:

And whereas the said Treaty was ratified on 12th May 1976:

And whereas in accordance with Article 2(1)(a) of the said Treaty it
has been agreed by Notes exchanged on 12th May 1976(a) that the
Treaty shall apply to those territories for the international relations of
which the United Kingdom is responsible and which are specified in
Schedule 2 to this Order:

And whereas on the entry into force of the said Treaty the
provisions of the earlier Treaty for the mutual extradition of fugitive
criminals which was concluded on 30th May 1924(b) shall cease to have
effect between the United Kingdom and Finland:

Now, therefore, Her Majesty, in exercise of the powers conferred
on Her by sections 2, 17 and 21 of the Extradition Act, 1870(c) or
otherwise in Her Majesty vested, is pleased, by and with the advice of
Her Privy Council, to order, and it is hereby ordered, as follows:

1. This Order may be cited as the Finland (Extradition) Order 1976
and shall come into operation on 12th August 1976.

2. The Interpretation Act 1889(d) shall apply to the interpretation
of this Order as it applies to the interpretation of an Act of Parliament.

(a) Cmnd
(b) Cmnd 2417.
(c) 1870 c. 52.
(d) 1889 c. 63.





3. The Extradition Acts 1870 to 1935(a), as amended or extended by
any subsequent enactment, shall apply in the case of the Republic of
Finland in accordance with the said Treaty of the 29th October 1975.

4. The operation of this order is limited to the United Kingdom of
Great Britain and Northern Ireland, the Channel Islands, the Isle of Man,
and the other territories (including their dependencies) specified in
Schedule 2 to this Order.

5. The Finland (Extradition) Order in Council 1925(b) is hereby
revoked.

N. E. LEIGH.

SCHEDULE1

EXTRADITION TREATY
BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM

OF GREAT BRITAIN AND NORTHERN IRELAND AND THE
GOVERNMENT OF THE REPUBLIC OF FINLAND

The Government of the United Kingdom of Great Britain and Northern
Ireland and the Government of the Republic of Finland;

Desiring to make a new treaty for the reciprocal extradition of offenders;

Have agreed as follows:

ARTICLE 1

The Contracting Parties agree to extradite to each other, in the circumstances
and subject to the conditions specified in this Treaty, any person who, being
accused or convicted of an offence to which Article 3 of this Treaty applies
committed within the jurisdiction ofthe one Party, is found within the territory of
the other Party.

ARTICLE 2

(1) This Treaty shall apply to:

(a)Great Britain, Northern Ireland, the Channel Islands and the Isle of Man
and any territory for the international relations of which the United
Kingdom is responsible and to which the Treaty may have been extended
by common agreement between the Contracting Parties embodied in an
Exchange of Notes; and

(b) Finland;

and references to the territory of a Contracting Party shall be construed
accordingly.

(2) The application of this Treaty to any territory in respect of which
extension has been made in accordance with paragraph (1) of this Article may be
terminated by either Contracting Party giving six months' notice to the other
through the diplomatic channel.

ARTICLE 3

(1) This Article applies to a person who is accused or has been convicted,
either as a principal or as a participant, of an offence coming within any of the
descriptions of offences listed in the Schedule annexed to this Treaty or any other
offence, provided that the offence is, according to the laws of both the requesting
and the requested Party:







(a) 1870 c. 52; 1932 c. 39; 1935 c. 25.

(b) S.R. 0. 19251448 (Rev. IX p. 125; 1925 p. 482).





(a) one for which extradition can be granted, and

(b)punishable by imprisonment or other form of detention for more than
one year or by the death penalty.

(2) The extradition of a person accused or convicted, either as a principal or
as a participant, of an offence to which this Article applies, other than an offence
coming within any of the descriptions of offences listed in the Schedule annexed to
this Treaty, may be refused if the requested Party so determines.

(3) A person who has been convicted of an offence to which this Article
applies shall not be extradited therefor unless he was sentenced:

(a)to serve a period of imprisonment or other form of detention of which
four months or more remain to be served, or

(b) to the death penalty.

(4) If under the law of the requesting Party the person sought is liable to the
death penalty for the offence for which his extradition is requested, but the law of
the requested Party does not provide for the death penalty, extradition may be
refused, unless the requesting Party gives such assurance as the requested Party
considers sufficient that the death penalty will not be carried out.

ARTICLE 4

(1) The Government of the United Kingdom shall not be obliged to extradite
a citizen of the United Kingdom and Colonies and the Government of Finland shall
not be obliged to extradite a national of Finland, Denmark, Iceland, Norway or
Sweden.

(2) If extradition is not granted in pursuance of paragraph (1) of this Article,
the requested Party shall submit the case to its competent authorities for the
purpose of prosecution.

ARTICLE 5

(1) Extradition shall not be granted if the person sought would. if proceeded
against in the territory of the requested Party for the offence for which his
extradition is requested, be entitled to be discharged under any rule of law of the
requested Party relating to previous acquittal or conviction.

(2) If criminal proceedings are instituted in Finland against the person sought
for the offence for which his extradition is requested and the charge against him is
waived, the Government of Finland shall not be obliged to extradite him for that
offence.

ARTICLE 6

Extradition shall not be granted if the person sought would, according to the
law of the requested Party, be immune by lapse of time from prosecution or
punishment for the offence for which his extradition is requested.

ARTICLE 7

(1) A person sought shall not be extradited:

(a)if the offence for which his extradition is requested is regarded by the
requested Party as one of a political character;

(b)if it appears to the requested Party that the request for his extradition has
in fact been made for the purpose of prosecuting or punishing him for an
offence of a political character or otherwise on account of his race,
religion, nationality or political opinions; or







(e)if it appears to the requested Party that he might, if extradited, be
prejudiced at his trial for the offence for which extradition is requested,
or be punished, detained, restricted in his personal liberty or otherwise
exposed to persecution of a serious nature, by reason of his descent, his
association with a specific group of the population, his religion,
nationality, political opinions or otherwise on account of political
conditions.





(2) Extradition may be refused on any other ground which is specified by the
law of the requested Party.

ARTICLE 8

(1) Subject to the provisions of Article 19 of this Treaty the request for
extradition shall be made through the diplomatic channel.

(2) The request shall be accompanied by:

(a)as accurate a description as possible of the person sought, together with
any other information which would help to establish his identity,
nationality and residence;

(b) a statement of the facts of the ofrence for which extradition is requested;

(c) the text, if any, of the law:

(i) defining that offence; and

(ii) prescribing the maximum punishment for that offence; and

(d)a statement of the legal provisions which establish the extraditable
character of the offence according to the law of the requesting Party.

(3) If the request relates to an accused person, it must also be accompanied by
a warrant of arrest issued by a judge or other competent authority in the territory
of the requesting Party and by such evidence as, according to the law of the
requested Party, would justify his committal for trial if the offence had been
committed in the territory of the requested Party, including evidence that the
person sought is the person to whom the warrant of arrest refers.

(4) If the request relates to a convicted person, it must also be accompanied
by:

(a)a document establishing the sentence, namely, the original or a copy of
the sentence and evidence that the sentence is immediately enforceable;

(b)a statement showing to what extent the sentence has not been carried
out; and

(c)evidence that the person sought is the person to whom the sentence
refers.

ARTICLE 9

(1) In urgent cases the person sought may, in accordance with the law of the
requested Party, be provisionally arrested on the application of the competent
authorities of the requesting Party. The application shall contain an indication of
intention to request the extradition of the person sought and a statement of the
existence of a warrant of arrest or a judgment of conviction against that person,
and such further information, if any, as would be necessary to justify the issue of a
warrant of arrest had the offence been committed, or the person sought been
convicted, in the territory of the requested Party.

(2) The provisional arrest of the person sought shall be terminated upon the
expiration of 30 days from the date of his arrest if the request for his extradition
shall not have been received. However, this provision shall not prevent the re-
arrest and extradition of the person sought if the request for his extradition is
received subsequently.

ARTICLE 10

(1) If a request for extradition relates to an accused person, extradition shall
not be granted unless there is:







(a)evidence that the ofrence for which his extradition is requested is one to
which Article 3 of this Treaty applies; and

(b)evidence which would be, according to the law of the requested Party,
sufficient to justify his committal for trial if the offence had been
committed in its territory.





(2) If a request for extradition relates to a convicted person, extradition shall
not be granted unless there is evidence that he was convicted of an offence to
which Article 3 of this Treaty applies, and that he is unlawfully at large.

(3) If the requested Party considers that the evidence produced or information
supplied is not sufficient to enable a decision to be taken as to the request,
additional evidence or information shall be submitted within such time as that Party
shall require.

ARTICLE 11

The authorities of the requested Party shall admit as evidence, in any
proceedings for extradition, a sworn deposition or an affirmation taken in the
territory of the requesting Party, any warrant, any copy of any such deposition,
affirmation or warrant, and any document establishing a conviction or sentence, if
it is authenticated:

(a) (i) in the case of a warrant by being signed, or in the case of any other
original document by being certified, by a judge or other competent
authority of the requesting Party, or in the case of a copy by being
so certified to be a true copy of the original, and

(ii) either by the oath of some witness or by being sealed with the official
seal of the appropriate Ministry or Minister of the requesting Party,
or

(b)in such other manner as may be permitted by the law of the requested
Party.

ARTICLE 12

If in any particular case the requested Party so requires, the requesting Party
shall supply a translation of any document submitted in accordance with the
provisions of this Treaty.

ARTICLE 13

If the extradition of a person is requested concurrently by one of the
Contracting Parties and by another State or States, either for the same offence or
for different offences, the requested Party shall make its decision, in so far as its
law allows, having regard to all the circumstances, including the provisions in this
regard in any Agreements subsisting between the requested Party and the requesting
States, the relative seriousness and place of commission of the offences, the
respective dates of the requests, the nationality and residence of the person sought
and the possibility of subsequent extradition to another State.

ARTICLE 14

(1) A person sought shall not be extradited until:

(a)it has been decided in accordance with the law of the requested Party that
he is liable to be extradited; and

(b)the expiration of any further period which may be required by the law of
that Party.

(2) If criminal proceedings against the person sought are instituted in the
territory of the requested Party, or he is lawfully detained in consequence of
criminal proceedings, the decision whether or not to extradite him may be
postponed until the criminal proceedings have been completed or he is no longer so
detained.

ARTICLE 15

(1) If extradition is granted, the person sought shall be sent by the authorities






of the requested Party to such convenient point of departure from the territory of
that Party as the requesting Party shall indicate.

(2) The requesting Party shall remove the person sought from the territory of
the requested Party within such reasonable period as the latter may specify. If he is
not removed within that period, the requested Party may refuse to extradite. him
for the same offence.





ARTICLE 16

(1) When a request for extradition is granted, the requested Party shall, so far
as its law allows, hand over to the requesting Party all articles (including sums of
money):

(a) which may serve as proof of the offence; or

(b)which have been acquired by the person sought as a result of the offence
and are in his possession.

(2) If the articles in question are liable to seizure or confiscation in the
territory of the requested Party, the latter may, in connexion with pending
proceedings, temporarily retain them or hand them over on condition that they
are returned.

(3) These provisions shall not prejudice the rights of the requested Party or of
any person other than the person sought. When these rights exist the articles shall
on request be returned to the requested Party without charge as soon as possible
after the end of the proceedings.

ARTICLE 17

(1) A person shall in no case be kept in custody or proceeded against in the
territory of the requesting Party for any offence other than an extraditable offence
established by the facts in respect of which his extradition has been granted, or on
account of any other matters, nor shall he be extradited by that Party to a third
State, until he has returned or until the expiration of 45 days after he has had an
opportunity of returning, to the territory of the requested Party.

(2) The provisions of paragraph (1) of this Article shall not apply to offences
committed, or matters arising, after the extradition.

ARTICLE 18

(1) Expenses incurred in the territory of the requested Party by reason of the
request for extradition shall be borne by that Party.

(2) The requested Party shall make all arrangements which may be requisite
with respect to the representation of the requesting Party in any proceedings
arising out of the request.

ARTICLE 19

A request on the part of the Government of Finland for the extradition of an
offender who is found in any of the territories to which this Treaty has been
extended in accordance with paragraph (1) of Article 2 may be made to the
Governor or other competent authority of that territory, who may take the
decision himself or refer the matter to the Government of the United Kingdom for
their decision.

ARTICLE 20

(1) This treaty shall be ratified, and the instruments of ratification shall be
exchanged at Helsinki as soon as possible. It shall enter into force three months
after the date of the exchange of instruments of ratification.

(2) This Treaty shall apply to any ofrence committed before its entering into
force, provided that the ofrence:

(a)is one to which Article 2 of the Treaty for the mutual surrender of
fugitive criminals signed at London on 30 May 1924(a) (hereinafter
referred to as the Treaty of 1924) would have applied; and

(b) is one to which Article 3 of this Treaty applies.







(3) On the entry into force of this Treaty the provisions of the Treaty of
1924 shall cease to have effect between the United Kingdom and Finland.

(a) Cmnd. 2417.





(4) Either of the Contracting Parties may terminate this Treaty at any time
by giving notice to the other through the diplomatic channel; and if such notice is
given the Treaty shall cease to have effect six months after the receipt of the
notice.

In witness whereof the undersigned, being duly authorized thereto, have signed this
Treaty.

Done in duplicate at London this 29th day of October 1975, in the English and
Finnish languages, both texts being equally authoritative.

For the Government of the United Kingdom of Great Britain and Northern
Ireland:

ROY HATTERSLEY

For the Government of the Republic of Finland:

RICHARD TOTTERMAN

SCHEDULE Schedule to
the Treaty
List of offences referred to in Article 3

1. Murder or attempt to murder
2. Manslaughter
3. Maliciously wounding or inflicting grievous bodily harm
4. Assault occasioning actual bodily harm
5. Rape

6.Unlawful sexual intercourse with a female under 16 years of age or attempt to
commit any such offence

7. Indecent assault
8. Procuring or attempting to procure a female
9. Unlawful abortion
10. Kidnapping, abduction or false imprisonment
11. Stealing, abandoning, exposing or unlawfully detaining a child
12. An offence or attempted offence against the law relating to dangerous drugs
13. Theft, robbery, burglary or aggravated burglary
14. Handling stolen goods
15. Obtaining property or pecuniary advantage by deception
16. Blackmail
17. False accounting

18.False statements with intent to deceive by company directors and other officers

19. Offences against bankruptcy law
20. Offences relating to counterfeiting or forgery
21. Bribery
22. Perjury or subornation of perjury
23. Malicious damage to property

24.Any malicious act done with intent to endanger the safety of persons travelling
upon a railway

25. Piracy, involving ships or aircraft, according to international law
26. Hijacking or attempted hijacking of an aircraft
27. Dealing in slaves

28.Genocide or attempt or conspiracy or direct and public incitement to commit
genocide





ISO-BRITANNIAN JA P0HIOISARLANNIN
YHDISTYNEEN KUNINGASKUNNAN HALLITUKSEN
SEKA SUOMEN TASAVALLAN HALLITUKSEN
VALINEN, RIKOKSEN JOHDOSTA TAPAHTUVAA
WOWTrAMISTA KOSKEVA SOPIMUS

Iso-Britannian ja Pohjois-Iflannin Yhdistyneen Kuningaskunnan hallitus seka
Suornen Tasavallan hallitus;

haluten tchdA rikoksentekijiiin vastavuoroista luovuttarnista koskevan uuden
sopimuksen;

ovat sopineet seuraavasta:

1 ARTHCLA

Sopimuspuolet suostuvat tgssd sopimuksessa mainituism tapauksissa ja siin~i
mdaritellyin ehdoin luovuttamaan toisilleen alucillaan tavatut henkilbt, joita
epiiilldtin tai jotka on tuotnittu jostakin 3 artiklassa tarkoitetusta, luovuttamista
pyyUncen valtion tuorniovallan pifflin kuffluvalla alueella tapahtuneesta
rikoksesta.

2 ARTmLA

1. Tilt! sopimusta sovelleman:

(a)Iso-Britanniam, Pohjois-Irlantiin, Kanaalin saarfin ja Man-saareen
samoin kuin kaikkiin muihinkin alueisfin, joiden kansainvaIisista suhteista
Yhdistynyt Kuningaskunta vastaa ja joiden saattamisesta sopimuksen
soveltamisalan pfidin sopimuspuolet ovat yhteisesti noottienvaihdolla
sopineet; sekii

(b) Suomeen;

ja on jommankumman sopimuspuolen aluetta tarkoittavaa viittausta tulkittava
edellS lausutun mukaisesti.

2. Sopimuksen soveltaminen alueeseen, joka on saatettu sopimuksen
soveltamisaIan piiriin 1 kohdassa mainitulIa tavalIa, voidaan lakkauttaa kuuden
kuukauden irtisanomisajoin jornmankurnman sopimuspuolen diplornaattitieta
toiselle sopirnuspuolefle toimitettavalla ilmoituksella.

3 ARTucLA

1. Tdtd artiklaa sovelIetaan henkilbdn, jota eptiilliiiin tai joka on tuornittu
joko tekijdnd tai osallisena aman sopimuksen Iiitteessa mainitusta rikoksesta tai
jostakin muusta rikoksesta odellyaiien, ettd rikoksesta molempien sopimuspuolten
lakien mukaan:

(a) voidaan luovuttaa, ja

(b)siitfi saattaa rangaistuksena scurata vankeutta tai muuta
vapaudenmenetystA onemmiln kuin yks! vuosi tai kuolemanrangaistus.

2. Sopimuspuoli, jolta luovuttamista pyydetAdn, voi harkintansa mukaan
kieltAytya luovuttamasta henkil65, jota epdilldiin tai joka on tuornittu joko
tekijand tai osallisena sellaisesta tAmdn artikIan tarkoittarnasta rikoksesta, jota ei
mainita tAnian sopimuksen flitteessd.

3. Thman artiklan tarkoittamasta rikoksesta tuornittu henkild voidam
luovuttaa vain, miktLli seuraamus on:

(a)mhdrdaikainen vankeusmngaistus tai muu vapaudenmenets% josta on
sovittamatta vdhintiidn neljd kuukautta, tai







(b) kuolernanrangaistus.

4. los rikoksesta luovuttamista pyyUvan sopimuspuolen lains~NiidiinnZin
mukaan saattaa seurata kuolemanrangaistus, mutta sen sijaan pyynnan
vastaanottaneen sopimuspuoIen laissa ei sfitS s~diidettL kuolernanrangaistusta,
voidaan luovuttamisesta kielaytyii, jollei pyyUva sopimuspuoli anna toisen
sopimuspuolen riittAvdksi katsomia takeita siitti, ettei kuolemanrangaistusta panna
tAytiintijdn.





4 AitmLA

1. Yhdistyneen Kuningaskunnan hallitus ci ole velvollinen Itiovuttamaan
Yhdistyncen Kuningaskunnan tai son kolonioiden kansalaisia eikti Suornen hallitus
ole velvollinen luovuttamaan Suornen, Islannin, Norjan, Ruotsin tai Tanskan
kansalaisia.

2. Mikali luovuttamispyyntd on tamtin artilclan 1 kohdan nojalla evatty, on
sen sopimuspuolen, joita luovuttamista on pyydetty, alistettava asia, asianomaisille
viranomaisilleen syytteen mahdollista nostamista varten.

5 ARTMA

1. Luovunaa ei saa aiintL tapauk~ etta luovutettayaksi pyYdetylIX
henkildlld, mikiili syyte pyynniJn tarkoittamasta teosta pantaisfin hintA vastaan
vireille sen sopimuspuolen alueella, jolta luovuttamista on pyydetty, olisi oikeus
tamtin sopimuspuolen lains~Llidiinndn nojalla vapautua syytteestd aikaisemmin
annetun vapauttavan pdiitdkwn tai rangaistustuornion perusteella.

2. los Suornessa tapahtun~ oikeudenkaynnissa on luovuttu syytteesta
henkildii vastaan teosta, josta htinen luovuttamistaan on pyydetty, Suornen
hallitus ei oIe velvollinen luovuttamaan hdnth tlistii teosta.

6 AitTmLA

Luovuttaa ei saa, mikali luovuttamispyynndn vastaanottancen sopimuspuolen
lain mukaan oikeus panna rikos, josta luovuttamista pyydetaan, syytteeseen tai
rangaistus Ui~bn on rauennut.

7 ARTigiLA

1. LuoyWaa ei saa:

(a) jos sopimuspuoli, jolta luovuttamista on pyydetty, pitlx rikosta

luontecitaan polfittisena;

(b) jos sopimuspuoli, jolta luovuttamista on pyydetty, pitAX ilmeisend,

ettd luovuttamispyyntd on tosiasiallisesti tchty tarkoituksin 'tu
tai rangaista. luovutettavaksi pyydettyX benkilds rikoksesta, joka
luonteeltaan on pollittinen, tai muutoin hUnen rotunsa, uskontonsa,
kansallisuutensa tai polfittisten mielipiteittensa vuoksi; tai

(c) jos sopimuspuoli, jolta luovuttanlbta on pyydetty, pitlia ilmeisend,

ettii luovutettavaksi. pyydetty henkild, mikdli Winet luovutetaan,
saattaa syntyperfinsd, yhteytensli johonkin erityiseen VRestaryhmtitin,
uskontonsa, kansaWsuutensa tai polfittisten miclipitcittensa vuoksi tai
muutoin polfittisista olosuhtcista johtuen joutua epdoikeudenmukaisuuden
kohteeksi luovuttamispyynnbn tarkoittarnaa rikosta koskevassa
oikeudenkiiynnissa taikka mainituista syistU rangaistuksi,
vapaudenfliston kohtecksi, alistetuksi henkildkohtaisen vapauden
rajoituksjin tai mulla. tavoin vakavanlaatuisen vainon kohteeksi.

2. Luovuttarnisesta voidaan kieltAytyA muWakin luovuttamispyynndn
vastaanottaneen sopimuspuolen laissa siiadetyilla perusteilla.

8 Alt~

1. Mika-li tArna-n sopimuksen 19 aftWan mUriiyksisti ei muuta johdu,
luovuttamispyyntd on tehtiivii diplornaattitied

2. Pyynt66n on hitettiva:







(a) mahdollisimman tarkka kuvaus luovutettavaksi pyydetystX

henkildstA sekii muut tiedot, jotka ovat tarpeen htinen henki-
ldflisyytensti, kansalaisuutensa ja asuinpaikkansa selvittumiseksi;

(b) selostus aiita rikoWsesta teosta, josta luovuttamista pyydetnn;





(c)tapaukseen mahdollisesti sovellettavien lainkohtien tekstit, joista
ilmenevdt:

(i) rikoksen tunnusmerkistd; ja

(ii) siita saddetty enimmdisrangaistus; seka

(d)selvitys niistd lainkohdista, joista ilmence, ett! kysymyksessii olevasta
rikoksesta voitaisfin pyynnbn esittancen sopimuspuoIen lain mukaan
luovuttaa.

3. Jos pyyntb koskee rikoksesta el)diltya henkilati, on siffien Hitetavii

myds vangitsemismtiiiriiys, jonka on pyyUvdn sopimuspuolen aIueelIa antanut
tuornari tai muu asianomainen viranomainen, sekg sellainen ndyttd, joka sen
sopimuspuolen lain mukaan, jolta luovuttamista pyydettign, oikeUttaisi mainitun
henkiIiJn asettamisen syytteeseen, mikSH rikos olisi

tehty viimeksi mainitun sopimuspuolen alucella, ja II&Nksi pyyntijbn on
IiitettiivbL selvitys siffli, ettiL Win on vangitsemi~tLrayksessd tarkoitettu
henkild.

4. MikSli pyyntb koskee rangaistukseen tuornittua henkilas, on siffien

IiitettbLvd myds:

(a)tuornion vahvistava asiakirja eli tuornio alkuperaisend tai jaljennbksend
sekd selvitys siitii, ett! tuornio, on viilittbmtLsti ttiytiintz35npantavissa;

(b) ilmoitus siitti, miti rangaistuksesta on tiiytiintbdnpanematta; ja

(c)selvitys siitd, ettIL luovutettayaksi pyydetty henkilb on se, jota tuornio
tarkoittaa.

9 ARmcLA

1. Kiireelljsi&cd tapauksissa voidaan henkiId sen sopimuspuolen lain

mukaisesti, jolta Mnen luovuttamistaan aiotaan pyytad, toisen sopimuspuolen
asianomaisten viranomaisten pyynndstd tilaptiisesti ottaa sdilban. Sdildiin
ottamista koskevaan pyyntijdn tulee sisSItyd ilmoitus siit~i, ettd sopimuspuolella
on aikornus pyytdd mainitun henkildn luovuttamista, ja lis~gksi vakuutus Mintd
koskevan vangitsemismdiirdyksen tai rangaistustuornion olernassaolosta sekd
mahdollinen muu sellainen lisdaincisto, joka

oikeuttaisi piddttamis- tai vangitsemismUdriiyksen antamiseen siind

tapauksessa, ettd rikos olisi tehty tai rangaistustuornio annettu sen sopimuspuoIen
alueella, jolta luovuttamista aiotaan pyytAd.

2. Mikali luovuttamispyyntdS ei esiteta 30 IYAMin kuluessa tilapSi-

seen sdilddn ottamisesta, on siiildbn otettu vapautettava. Kuitenkin Mnet voidaan
mybhernmin saapuneen luovuttamispyynndn johdosta ottaa uudelleen s~iilbbn ja
luovuttaa.

10 ARTUMA

1. Miktili IuovuttamispyyntiJ koskee rikoksesta el)diltya henkiliiti,

siffien ei voida suostua, cIlei esitetd:

(a)selvitystA siitA, ettU kysymys on Uirnan sopimuksen 3 artiklassa
tarkoitetusta rikoksesta; ja







(b)selvitystli, joka sen sopimuspuolen lain mukaan, jolta Iuovuttamista
pyydetiian, olisi riittiiviL syytteen nostamiseen, mikdli rikos ofisi tehty
ttLm~in sopimuspuolen aIueella.

2. MikSH luovuttamispyyntd koskee rangaistukseen tuornittua

henkilag, slihen ei voida suostua, cIlei esitetA selvitystli siitii, ettd Mnet on
tuornittu tdni!Ln sopimuksen 3 artikIassa tarkoitetusta rikoksesta ja ettd Win on
lainvastaisesti vapaana.

3. Jos luovuttamispyynndn vastaanottanut sopimuspuoli katsoo, ettd

esitetty ntLyttd tai selvitys ci riita asian ratkaisemiseen, toisen sopimuspuolen on
toirnitettava lisdniiyttijR ja -selvityksiii ensinmainitun sopimuspuolen mtiartL~ssa
ajassa.





11 ARTIKLA

Luovuttamispyynnbn vastaanottaneen sopimuspuolen viranomaisten on
luovuttamismenettelyssii hyvtiksyttiivd niiyttdnd pyynndn esitUincen
sopimuspuolen alueella valan tai vakuutuksen velvoituksin annettu lausurna samoin
kuin jdljennds tAllaisen lausuman sisaltavasti asiakirjasta, vangitsemismatirays ja
sen jtiljennZis sekd asiakirja, jossa tuomio vahvistetaan, edellyttden, etta asiakirjan
tai jtLljennbksen oikeapei-aisyys on osoitettu:

(a) (i) vangitsemismiidrtLyksen osalta luovuttamista pyytAneen sopi

muspuoIen tuomarin tai mun asianomaisen viranomaisen
aIlekirjoitukselIa, mun alkuperaisen asiakirjan osalta sel-
laisen tuornarin tai viranomaisen vahvistukseHa ja jiiljen-
ndksen osalta vastaavalla tavalla allekirjoitetulla vakuutuksella
siitd, etta jdljennds on aikuperdisen asiakirjan mulcainen, seka

(ii) joko todistajan antamalla valaehtoisella lausumalla tai
luovuttamista ~neen sopimuspuolen asianomaisen mini-
steribn tai ministerin sinetills; tai

(b)mulla pyynnbn vastaanottancen sopimuspuolen lain sallimalla
tavalla.

12 ARTmLA

Miktili luovuttamispyynndn vastaamottanut sopimuspuoli haluaa, on toisen
sopimuspuolen toirnitettava sille kUiinniis mista tahansa tdmdn sopimuksen
mddrdysten mukaisesti toimitetusta asiakiriasta.

13 ARTmLA

Mikdli jornpikurnpi sopimuspuolista samanaikaisesti yhden tai useamman mun
vaItion kanssa on pyyUinyt saman henkil8n luovuttarnista joko samasta
rikoksesta tai eri rikoksista, on pyynndn vastaanottancen sopimuspuolen
ratkaistessaan asian otettava huornioon lain sdddtintiin sa sallimissa puitteissa
kaikki askan vailcuttavat seikat, niihin luettuina mahdollisissa sen ja luovuttamista
pyytdneiden valtioiden vdlisissd sopimuksissa olevat asiaa koskevat nidardykset,
rikosten suhteellinen tbrkeysaste ja nfiden tekopaikat, ajankohdat, joIloin pyynnat
on tehty, Wovutettavaksi pyydetyn kansalaisuus ja asuinpaikka sekti mahdollisuus
luovuttaa hanet mydhenunin edelleen toiselIc valtiolle.

14 ARTI1CLA

1. Henkil65 ei voida luovuttaa ennen kuin:

(a)sen sopimuspuolen lainsiitid&nnZ5n mtikaisesti, jolta luovuttamista on
pyydetty, on tehty ffidtbs, ettd hdnet on luovutettava; ja

(b)mahdollinen pitempi miigrfi~iika, jota tiimtLn sopimuspuolen lainsadantd
edellyttdii, on kulunut umpeen.

2. Miktill luovutettavaksi pyydettyR vastaan on vireilla rikosasiain
oikeudenkaynti sen sopimuspuolen aluccIla, jolta Mnen luovuttamistaan on
pyydetty, tai Mn on piddtettynti rikosasiain oikeudenkdynnin johdosta,
pdtitZjksenteko Mnen Iuovuttamisestaan voidaan lykiitii, kunnes oikeudenkSynti
on pddttynyt tai Win ei enad ole mainituin tavoin piddtettynti.

15 ARIMA

1. Miledli luovuttamispyyntbZjn on suostuttu, asianomainen henkild on
luovuttavan sopimuspuolen viranomaisten toirnesta kuljetettava pyynndn
esitttineen valtion osoittarnaan, ensinmainitun sopimuspuolen aIueelia olevaan
sopivaan Idhtkipaikkaan.







2. Luovuttarnista pyytancen sopimuspuolen tulee noutaa luovutettava henkild
pyynndn vastaamottaneen sopimuspuolen alueelta tilman sopirnuspuolen
mddrdtttivissd olevan kohtuuIlisen ajan kuluessa. Mikdli luovutettavaa ei noudeta.
tuon ajan kuluessa, pyynndn vastaanottanut valtio voi kieltiiytyii luovuttamasta
hanta samasta rikoksesta.





16 ARTHCLA

1. Kun luovuttamispyynt68n on suostuttu, on luovuttavan sopimuspuolen
lainsaddiintdnsii sallimissa rajoissa luovutettava pyynnbn esittdneelle
sopimuspuolella kaikki esinect (mukaanlukien rahat):

(a) joita voidaan kdyttdd rikoksen todistuskappaleina; tai

(b)jotka luovutettava henkild on rikoksella saanut haItuunsa ja jotka
edelleen ovat hdnen hallussaan.

2. Mikdli kysymyksess.~i olevat esineet on takavarikoitu tai tuornittu
menetetyiksi luovuttavan sopimuspuoIen alueella, jtilkimmainen sopimuspuoli voi
vircilld olevan oikeudenkdynnin yhteydessd tilapaisesti pidatt~iii esinect itsellaiin
tai luovuttaa ne paIauttarnischdoin.

3. Tassa artiklassa olevat mddriiykset eivAt saa loukata luovuttavalle
sopimuspuolelle tai mulle kuin Iuovutettavalle henkildlle kuuluvia oikeuksia. Mikdli
sellainen oikeus on olemassa, on kysymyksessa olevat esineet pyynnbstd
palautettava maksutta luovuttavalle sopimuspuolelle mahdollisimman pian
oikeudenkiiynnin pdatyttya.

17 ARTUCLA

1. Ennen kuin luovutettu on palannut hanet luovuttaneen sopimuspuolen
alueelle tai 45 pliivSd on kulunut siitd kun h5ncIIii on ollut tilaisuus palata sinne,
hdntd ei saa luovuttamista pyytLineen sopimuspuolen alueella piddtt~id tai saattaa
oikeudellisten toirnenpitciden kohteeksi musta rikoksesta kuin sellaisesta, josta
voidaan luovuttaa ja joka perustuu tekoon, josta hanet on luovutettu, eikd minkddn
muunkaan seikan perusteella, eikS luovuttamista pyytdnyt valtio mydskddn saa
luovuttaa hdntii edelleen toiselle valtiolle.

2. Tiirndn artiklan 1 kohtaa ci sovelleta luovuttamisen jdlkeen tehtyyn
rikokscen tai ilmaantuneeseen seikkaan.

18 ARTIKLA

1. Sopimuspuoli, jolta luovuttamista on pyydetty, vastaa alueellaan
pyynniSstd aiheutuvista kustannuksista.

2. Sopimuspuoli, jolta luovuttamista on pyydetty, vastaa kaikista
j5riestelyist~i, jotka saattavat olla tarpeen luovuttamista pyyt5neen
sopimuspuolen edustuksen jdrjestdmiseksi pyynndn esifflimisesta afficutuncessa
menettelyss5.

19 AR=A

Suornen hallituksen pyyntd sellaisen henkildn Iuovuttamisesta, joka tavataan
alueella, jota tdma sopimus 2 artikIan 1 kohdan mukaan on ulotettu koskernaan,
saadaan teha sanotun alueen kuverndijrille tai sen mulle asianomaiselle
viranomaiselle; tdmd voi joko ratkaista asian tai siirtdd sen Yhdistyneen
Kuningaskunnan hallituksen ratkaistavaksi.

20 ARTIKLA

1. Mirnii sopimus on ratifloitava ja ratifloimi-asiakirjat on vaihdettava
Helsingissii mahdollisimman pian. Sopimus tulee voirnaan kolmen kuukauden
kuluttua ratifloimisasiakirjojen vaihtamisp~iiviistd.

2. Tdtii sopimusta sovelletaan myds ennen sen voirnaantuloa tehtyihin
rikoksiin edellyttden, ettd teko on:

(a)sopimuspuoIten valisen, rikoksentekijain molemminpu'olista
luovuttamista koskevan, Lontoossa 30 1)divdnd toukokuuta 1924 tehdyn
sopimuksen Gdljemptind: 'vuoden 1924 sopimus') 2 artiklassa






tarkoitettu rikos; ja

(b) rikos, jota tarkoitetaan t&m~in sopimuksen 3 artiklassa.





3. TarnAn sopimuksen tulIessa voirnaan vuoden 1924 sopimus lakkaa

olemasta voirnassa Yhdistyncen Kuningaskunnan ja Suornen valilki.

4. Kumpikin sopimuspuoli voi saattaa tdmdn sopimuksen pddttymdiin

milloin tahansa irtisanomalla sen diplornaattitietA toiselle sopimuspuolelle
tehtayalld ilmoituksella; sopimus lakkaa olemasta voirnassa kuuden

kuukauden kuluttua sanotunlaisen ilmoituksen vastaanottarnisesta.

Tdmiin vakuudeksi allekirjoittaneet siffien asianmukaisesti valtuutettuina

ovat allekirioittanect t.~mtin sopimuksen.

Tehty kahtena kappaleena Lontoossa 29 1)aivtina lokakuuta 1975 englannin

ja suornen kielisird, molempien tekstien ollessa yht,~i todistumimaisia.

Iso-Britannian ja Pohjois-lrlannin Yhdistyncen Kuningaskunnan hallitu-

ksen puolesta:

ROY RATMRSLEY

Suornen Tasavallan hallituksen puolesta:

RICHARD TOTMRMAN

LuTE

Luettelo 3 artikiassa tarkoitetuista rikoksista:

1. Murha tai sen yritys
2. Tappo
3. Tahallinen ti3rked pahoinpitely
4.Ruumiinvamman aiheuttanut pahoinpitely
5. Vakisinmakaaminen
6.Kuuttatoista vuotta nuorempaan naiseen kohdistuva haureus tai sen
yritys
7. Siveellisyysrikos
8.Naiseen kohdistuva paritus tai sen yritys
9. Sikidnldhdettiiminen
10. lhniisryastd tai laiton vapaudenriisto
11. Lapsen laiton haltuunotto, hylk~idminen tai heitteillepano
12. Huumausainerikos tai sen yritys
13. Varkaus, KavaIlus ja rydstki
14. Varastetun tavaran katkeminen
15. Petos
16. KiristSminen
17. VStird kirjanpito
18. VdAran lausuman antaminen petollisessa tarkoituksessa, johon on
syyllistynyt yhtian johtaja tai sen muu toimihenkild
19. Konkurssirikos
20. VS5rennys tai raharikos
21. Lahjorninen
22. Perdttbmfin lausuman antaminen tuornioistuirnesm tai yllytys siffien
23. Tahallinen omaisuuden vahingoittaminen
24. Kaikki tahalliset teot, joiden tarkoituksena on vaarantaa rautateilla
matkustavien henkilbiden turvallisuutta
25. Kansainvalisessa oikeudessa tarkoitettu meri- ja ilmarosvous
26. Ilma-aluksen kaappaus tai sen yritys
27. Orjakauppa
28. Joukkotuhonta, sen yritys tai sitA tarkoittava salabanke taikka julkinen
kehotus joukkotuhontaan ryhtymiseen











SCHEDULE 2 Article

Antigua
Bermuda
British Antarctic Territory
Belize
British Indian Ocean Territory
Cayman Islands
Dominica
Falkland Islands
Gibraltar
Gilbert Islands
Hong Kong
Montserrat
Pitcairn
St. Christopher, Nevis and Anguilla
St. Helena
St. Lucia
St. Vincent
The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus
Tuvalu
Turks and Caicos Islands
Virgin Islands





BRETTON WOODS AGREENIENTS

THE BRETTON WOODS AGREEMENTS ORDER IN COUNCIL

1946 No. 36

At the Court at Buckingham Palace, the 10th day of January, 1946.

PRESENT,

The King's Most Excellent Majesty in Council.

His Majesty, in exercise of the powers conferred on Him by Section
3 of the Bretton Woods Agreements Act, 1945, and of all other powers
enabling Him in that behalf, is pleased, by and with the advice of His
Privy Council to order, and it is hereby ordered, as follows

1. This Order may be cited as 'The Bretton Woods Agreements
Order in Council, 1946

2. (1) In this Order, the expressions 'the Fund Agreement' and 'the
Bank Agreement' mean, respectively, the Agreement for the
estabishment and operation of an international body to be called the
International Monetary Fund and the Agreement for the establishment
and operation of an international body to be called the International
Bank for Reconstruction and Development, which were signed on behalf
of His Majesty's Government in the United Kingdom on the twenty-
seventh day of December, nineteen hundred and forty-five, and the
expressions 'the Fund' and 'the Bank' mean the bodies established
under these Agreements respectively.

(2). The Interpretation Act, 1889, shall apply to the interpretation of
this Order as it applies to the interpretation of an Act of Parliament.

3. To enable the Fund and the Bank to fulfil the functions with
which they are respectively entrusted, the provisions of the Fund
Agreement and the Bank Agreement set out in the Schedule to this
Order shall have the force of law:

Provided that nothing in Section 9 of Article IX of the Fund
Agreement or in Section 9 of Article VII of the Bank Agreement shall be
construed as

(a)entitling the Fund or the Bank to import goods free of customs
duty without any restriction on their subsequent sale in the
country to which they were imported; or

(b)conferring on the Fund or the Bank any exemption from duties
or taxes which form part of the price of goods sold;
or

(c)conferring on the Fund or the Bank any exemption from taxes
or duties which are in fact no more than charges for services
rendered.





4. This Order shall extend to all parts of His Majesty's dominions
(other than Dominions within the meaning of the Statute of
Westminster, 1931, territories administered by the Government of any
such Dominion and British India) and, to the extent that His Majesty
has jurisdiction therein, to all other territories in which His Majesty has
from time to time jurisdiction (other than territories in respect of which a
mandate from the League of Nations is being exercised by, or which are
being administered by, the Government of such a Dominion as aforesaid
and territories in India):

Provided that, if, whether before or after the passing of the Bretton
Woods Agreements Act, 1945, or the making of this Order, effect is
given by or under the law of any part of His Majesty's dominions or
other territory to any provisions of the said Agreements set out in the
Schedule to this Order, this Order, so far as it gives effect to that
provision, shall not extend to that part of His Majesty's dominions or
other territory as respects any period as respects which effect is given
as aforesaid to that provision.

E. C. E. LEADBITTER.

SCHEDULE
PROVISIONS OF AGREEMENTS WHICH ARE TO HAVE

FORCE OF LAW

PART I
FUNG AGREEMENT
Article VIII, Section 2(b)

Exchange contracts which involve the currency of any Member and which are
contrary to the exchange control regulations of that member maintained or
imposed consistently with this Agreement shall be unenforceable in the territories
of any member ...

Article IX
STATUS. IMMUNITIES AND
PRIVILEGES

..

Section 2. Status of the Fund.

The Fund shall possess full juridical personality, and, in particular, the
capacity:

(i) to contract;

(ii) to acquire and dispose of immovable and movable property;

(iii) to institute legal proceedings.

Section 3. Immunity from judicial process.

The Fund, its property and its assets, wherever located and by whomsoever
held, shall enjoy immunity from every form of judicial process except to the
extent that it expressly waives its immunity for the purpose of any proceedings or
by the terms of any contract.

Section 4 Immunity from other action.

Property and assets of the Fund, wherever located and by whomsoever held,
shall be immune from search, requisition, confiscation, expropriation or any other
form of seizure by executive or legislative action.





Section 5. Immunity of archives.

The archives of the Fund shall be inviolable.

Section 6, Freedom of assets from restrictions.

To the extent necessary to carry out the operations provided for in this
Agreement, all property and assets of the Fund shall be free from restrictions,
regulations, controls and moratoria of any nature.

..

Section 8. Immunities and privileges of officers and employees.

All governors, executive directors, alternates, officers and employees of the
Fund-

(i) shall be immune from legal process with respect to acts perfomed by
them in their official capacity except when the Fund waives this immunity...

Section 9. Immunities from taxation.

(a) The Fund, its assets, property, income and its operations and transactions
authorised by this Agreement, shall be immune from all taxation and from all
customs duties. The Fund shall also be immune from liability for the collection or
payment of any tax or duty.

(b) No tax shall be levied on or in respect of salaries and emoluments paid by
the Fund to executive directors, alternates, officers or employees of the Fund who
are not local citizens, local subjects, or other local nationals.

(c) No taxation of any kind shall be levied on any obligation or security issued
by the Fund, including any dividend or interest thereon, by whom. soever held

(i) which discriminates against such obligation or security solely because of
its origin; or

(ii) if the sole jurisdictional basis for such taxation is the place of currency in
which it is issued, made payable or paid, or the location of any office or
place of business maintained by the Fund.

PART II
BANK AGREEMENT

Article VII
STATUS, IMMUNITIES AND
PRIVUMES

Section 2. Status of the Bank.

The Bank shall possess full juridical personality, and, in particular, the
capacity:

(i) to contract;

(ii) to acquire and dispose of immovable and movable property;

(iii) to institute legal proceedings.

Section 3. Position of the Bank with regard to judicial process.

Actions may be brought against the Bank only in a court of competent
jurisdiction in the territories of a member in which the Bank has an office, has
appointed an agent for the purpose of accepting service or notice of process, or
has issued or guaranteed securities. No actions shall, however, be brought by
members or persons acting for or deriving claims from members. The property and
assets of the Bank shall, wheresoever located and by whomsoever held, be immune
from all forms of seizure, attachment or execution before the delivery of final
judgment against the Bank.





Section 4. Immunity of assets from seizure.

Property and assets of the Bank, wherever located and by whomsoever held,
shall be immune from search, requisition, confiscation, expropriation or any other
form of seizure by executive or legislative action.

S ection 5. Immunity of archives.

The archives of the Bank shall be inviolable.

Section6. Freedom of assets from restrictions.

To the extent necessary to carry out the operations provided for in this
Agreement and subject to the provisions of this Agreement, all property and assets
of the Bank shall be free from restrictions, regulations, controls and moratoria of
any nature.

..

Seciton 8 Immunities and privileges of officers and employees

All governors, executive directors, alternates, officers and employees of the
Bank

(i) shall be immune from legal process with respect to acts performed by
them in their official capacity except when the Bank waives this
immunity . . .

Section 9. Immunities from taxation.

(a) The Bank, its assets, property, income and its operations and transactions
authorised by this Agreement, shall be immune from all taxation and from all
customs duties. The Bank shall also be immune from liability for the collection or
payment of any tax or duty.

(b) No tax shall be levied on or in respect of salaries and emoluments paid by
the Bank to executive directors, alternates, officials or employees of the Bank who
are not local citizens, local subjects, or other local nationals.

(c) No taxation of any kind shall be levied on any obligation or security issued
by the Bank (including any dividend or interest thereon) by whomsoever held

(i) which discriminates against such obligation or security solely because it is
issued by the Bank; or

(ii) _if the sole jurisdictional basis for such taxation is the place or currency in
which it is issued, made payable or paid, or the location of any office or
place of business maintained by the Bank.

(d) No taxation of any kind shall be levied on any obligation or security
guaranteed by the Bank (including any dividend or interest thereon) by whomsoever
held

(i) which discriminates against such obligation or security solely because it is
guaranteed by the Bank; or

(ii) if the sole jurisdictional basis for such taxation is the location of any
office or place of business maintained by the Bank.





1977 No. 422

CIVIL AVIATION

THE AIR NAVIGATION (OVERSEAS TERRITORIES)
ORDER 1977

[This Order in Council is printed as amended by S.I. 1977 No. 820,
L.N. 18 of 1980, and S.I. 1978 No. 1520.]

Made - - - - - - - - 9th March 1977
Laid before Parliament - - - - .18th March 1977
Coming into Operation-
(a) for the purposes of Articles 60(6),
88 and 91 - - - - - 9th April 1977

(b) for all other purposes 9th June 1977

ARRANGEMENT OF ORDER
CITATION, COMMENCEMENT AND REVOCATION
Article Page

1. Citation and commencement......................... DP 5

2. Revocation................................... DP 5

PART I
REGISTRATION AND MARKING OF AIRCRAFTS

3.................Aircraft to be registered ..... ................ DP 6

4........................Registration of aircraft in the Territory .............. DP 7

5......................Nationality and registration marks ................ DP 10

PART II

AIR OPERATORS' CERTIFICATES

6. Issue of air operators' certificates .................. DP 11

PART III

AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT

7........................Certificate of airworthiness to be in force .............. DP 11

8.............................Issue, renewal, etc., of certificates of airworthiness .......... DP 12

9...................Certification of maintenance .................. DP 13

10..............................Maintenance of General Purpose Category aircraft ........ DP 15
11..............................Inspection, overhaul, repair, replacement and modification ...... DP 16

12-....................Licensing of maintenance engineers ................ DP 19

13..............Equipment of aircraft...................... DP 20





Article................................... Page

14...................Radio equipment of aircraft .................. DP 21

15........................Aircraft, engine and propeller log books .............. DP 22

16.................Aircraft weight schedule .. .................. DP 22

17............................Access and inspection for airworthiness purposes .......... DP 23

PART IV
AiRcRAFT CREw LicENsiNo

18...................Composition of crew of aircraft .................. DP 23

19............................Members of flight crew-requirement of licences .......... . DP 25

20...............................Grant, Renewal and Effect of Flight Crew Licences ........ DP 28

21...............Validation of licences....................... DP 32
22...............Personal flying log book .................... DP 32
23...............Instruction in flying....................... DP 32
24...............Glider pilot-minimurn age .................... DP 33

PART V
OPERATION OF
AnteRAFr

25...............Operations Manual..................... DP 33

26............Training Manual.. .. .............. . DP 34

27..........................Public transport-operator's responsibilities ............ DP 35

28.................................Loading-public transport aircraft and suspended loads .. 1 .. DP 36

29........................Public transport-operating conditions .............. DP 37

30.....................................Aircraft registered in the Territory-aerodrome operating minima .. DP 39

31.......................................Aircraft not registered in the Territory-aerodrome operating minima DP 41

32..........................Pre-flight action by commander of aircraft ............ DP 42

33.................Pilots to remain at controls .................... DP 42

34..............................Public transport of passengers-duties of commander ........ DP 43

35...................Operation of radio in aircraft .................. DP 44
35A..................Minimum Navigation Performance ................ DP 46

36..............................Use of flight recorders and preservation of records ........ DP 46

37............Towing of gliders.. .. .................. DP 46

38..............................Towingi picking up and raising of persons and articles ........ DP 47

39.....................Dropping of persons and articles .. .......... DP48
39A....................Issue of Aerial Application Certificates .......... DP 48

40..........................Carriage of weapons and of munitions of war ............ DP 49

41...................Carriage of dangerous goods .................. DP 50
42...................Method of carriage of persons .................. DP 50
43...................Exits and break-in markings .................. DP 51






44...................Imperilling safety of aircraft .................. DP 52
45. Imperilling safety of any person or property DP 52
46...................Drunkenness in aircraft..... .............. DP 52
47. Smoking in aircraft DP 53
48...................Authority of commander of aircraft ................ DP 53
49. Stowaways DP 53





Article.................................... page
PART VI
FATiGuE OF CREW

50..........................Application and interpretation of Part VI ............ DP 53
51..........................Fatigue of crew-operatoes responsibilities ............ DP 54

52........................Fatigue of crew-responsibilities of crew .............. DP 54
53........................Flight times-responsibilities of flight crew ............ DP 55

PART VII
DOCU~ AND RiEcoRDs

54.................Documents to be carried .. .................. DP 55

55............Records to be kept.. .. .................. DP 55

56.......................Production of documents and records .............. DP 55

57...................Preservation of documents, etc . .................. DP 57

58. Revocation, suspension and variation of certificates, licences and other

documents.. .. ............ DP 57

59............................Offences in relation to documents and records .......... DP 58

PART VIII
CONTROL OF AIR
TRAFFic

60.......................Rules of the air and air traffic control .............. DP 58

61. Licensing of air traffic controllers, student air traffic controllers and

aerodrome flight information service officers............... DP 59

62............................Prohibition of unlicensed air traffic controllers .......... DP 61
62A. Flight Information Service Manual DP 62

63.....................Incapacity of air traffic controllers ................ DP 63
64.....................Power to prohibit or restrict flying ................ DP 63

65.................Balloons, kites and airships .................... DP 64

PARTIX
AERODRomEs, AERONAUTICAL LIGHTS AND DANGERous
UGHTs

66.....................................Aerodromes: public transport of passengers and instruction in flying .. DP 64

67...................Use of Government aerodromes .................. DP 65

68.................Licensing of aerodromes .. .................. DP 65
69.................Radio equipment at aerodromes ................ DP 66
70.................Records at aerodromes..... ................ DP 67

71............................Charges at aerodromes licensed for public use .......... DP 68

72. Use of aerodromes by aircraft of Contracting States and of the Common-

wealth.. ..... .......... DP 69

73..............................Noise and vibration caused by aircraft on aerodromes ........ DP 69







74..............Aeronautical lights..... .............. DP 69

75............Dangerous lights.... ................ DP 69
76............Customs airports.... ................ DP 70

76A. Aviation Fuel at Aerodromes......................... DP 70





Article..................................... pagle

PART X
GENERAL

77.............Prohibited Areas.... ................ DP 71

78. Restriction with respect to aerial photography and survey from aircraft

registered outside the Territory......................DP 72

79................Mandatory reporting.. .. .................. DP 72

80....................Power to prevent aircraft flying .................. DP 73

81.............................Right of access to aerodromes and other places .......... DP 74

82................Obstruction of persons.. .................. DP 74
83................Enforcement of directions .................... DP 74

84.........Penalties.. .. ................ DP 74

85......................Extra-territorial effect of the Order ..... ............ DP 75

86. Application of Order to British-controlled aircraft not registered in the

Territory.. .. ............ DP 76

87..................................Application of Order to the Crown and visiting forces, etc . ...... DP 76

88...............Exemption from Order.. .. .................. DP 77
89...............Appeal to Supreme Court.. .. .................. DP 77
90...............Application of Order.. .. .................. DP 77

91......................Regulations by the Governor: Fees ................ DP 77

92...........Interpretation.. ................ DP 78

93.........Saving.. .. ................ DP 87
94.........Small aircraft.. .. .................. DP 88

SCHEDULES

Schedule 1-Part A. Table of General Classification of Aircraft.......... DP 88

Part B. Nationality and Registration Marks of Aircraft Registered in

the Territory............ .........
..... DP 88
Part C. Aircraft Dealer's Certificate-Conditions............ DP
90
Schedule 2-A and B Conditions............... ............DP 90
Schedule 3-Categories of Aircraft............ .........
..... DP 92
Schedule 4-Maintenance Engineers: Privileges of Licences ............DP 92
Schedule 5-Aircraft Equipment............... ............DP 93
Schedule 6-Radio Equipment to be carried in aircraft.. ............... DP 104
Schedule 7-Aircraft, Engine and Propeller Log Books ..............DP 106
Schedule 8-Areas Specified in connection with the Carriage of Flight Navigators as

Members of the Flight Crews or Approved Navigational Equipment on

Public Transport Aircraft......................... DP 107 Schedule 9-Flight Crew of
Aircraft: Licences and Ratings............... DP 109 Schedule 10-Air Traffic Controllers: Ratings ...
.................... DP 118 Schedule 1 1-Public Transport: Operational Requirements.......... ...






..DP 119 Schedule 12-Documents to be Carried by Aircraft Registered in the Territory..DP 124
Schedule 13-Perialties................................... DP 125 Schedule 14-Rules of the Air and
Air Traffic Control.................DP 126 Schedule 1 5-Air Navigation (General) Regulations ...
............... DP 165 Schedule 16-Terfitories to which this Order applies.................DP 189





At the Court of Saint James, the 9th day of March 1977

Present,

The Counsellors of State in Council

Whereas Her Majesty, in pursuance of the Regency Acts 1937 to 1953,
was pleased, by Letters Patent dated the 3rd day of February 1977, to
delegate to the six Counsellors of State therein named or any two or
more of them full power and authority during the period of Her
Majesty's absence from the United Kingdom to summon and hold on
Her Majesty's behalf Her Privy Council and to signify thereat Her
Majesty's approval for anything for which Her Majesty's approval in
Council is required:

Now, therefore, Her Majesty Queen Elizabeth The Queen Mother
and Her Royal Highness The Princess Anne, being authorized thereto
by the said Letters Patent, and in pursuance of the powers conferred by
the Civil Aviation Act 1949(a), the Civil Aviation Act 1949 (Overseas
Territories) Order 1969(b) as amended by the Civil Aviation Act 1971
(Overseas Territories) Order 1976(c) and all other powers enabling Her
Majesty, and by and with the advice of Her Majesty's Privy Council, do
on Her Majesty's behalf order, and it is hereby ordered, as follows:

CITATION, COMMENCEMENT AND
REVOCATION

1. (1) This Order may be cited as the Air Navigation (Overseas
Territories) Order 1977.

(2) This Order shall come into operation-

(a)on 9th April 1977, for the purposes of Articles 60(6), 88 and
91; and

(b) on 9th June 1977, for all other purposes.

2. (1) Subject to the following provisions of this Article, the
following Orders are hereby revoked, that is to say

The Air Navigation (Overseas Territories) Order 1976(d);

The Air Navigation (Overseas Territories) (Amendment) Order
1976(e);

Provided that nothing in the above revocations shall atfect the
proviso to Article 2(1) of the Air Navigation (Overseas Territories)

(a) 1949 c. 67. (b) S.I. 1969/592 (1969 1, p. 1650). (c) S.I. 197611912
(1976 Ill, p. 5123). (d) S.I. 1976/421 (1976 1, p. 1107). (e) S.I. 197611776
(1976 111, p. 4718).





Order 1976 (which saved the Thirteenth Schedule to the Colonial Air
Navigation Order 1961(a), and that proviso shall remain in force, but as if
the reference therein to Article 91 of the Air Navigation (Overseas
Territories) Order 1976 were a reference to Article 91 of this Order.

(2) Section 38(2) of the Interpretation Act 1889(b) (which relates to
the effect of repeals) shall apply to this Order as if this Order were an
Act of Parliament and as if the Orders revoked by paragraph (1) of this
Article were Acts of Parliament thereby repealed.

(3) Notwithstanding the revocation of the Orders mentioned in
paragraph (1) of this Article, any instrument (that is to say any
regulation, direction, instrument, rule or other requirement, any notice
and any certificate, licence, approval, permission, exemption, log book,
record or other document) issued, made, served or granted under those
Orders, or under any enactment revoked by any of those Orders, if in
force ai the commencement of this Order, shall (except to the extent that
such instrument is inconsistent with the provisions of this Order, and
without prejudice to Article 58 of this Order or to any power to amend
any such instrument) continue in force until superseded, revoked or
otherwise terminated and, so far as it could have been issued, made,
served or granted under this Order, shall have effect as if issued, made,
served or granted under this Order and this Order shall apply to or in
relation to such instrument accordingly:

Provided that any such instrument which is expressed to remain in
force for a definite period shall not remain in force after the expiration of
that period unless it shall be renewed in accordance with the provisions
of this Order or in accordance with any prescribed provisions.

PART I

REGISTRATION AND MARKING OF
AIRCRAFT

3. (1) An aircraft shall not fly in or over the Territory unless it is
registered in:

(a) some part of the Commonwealth; or

(b) a Contracting State; or

(c)some other country in relation to which there is in force an
agreement between Her Majesty's Government in the United
Kingdom and the Government of that country which makes
provision for the flight over the Territory of aircraft registered
in that country:

(a) S.I. 1961/2316 (1961 111, p. 4146). (b) 1889 c. 63.





Provided that:
(i) a glider may fly unregistered, and shall be deemed to be
registered in the Territory for the purposes of Articles 13,
14, 19 and 32 of this Order, on any flight which:
(a)begins and ends in the Territory without passing over
any other country, and
(b)is not for the purpose of public transport or aerial
work;
(ii) any aircraft may fly unregistered on any flight which:
(a)begins and ends in the Territory without passing over
any other country, and
(b)is in accordance with the 'B Conditions' set forth in
Schedule 2 to this Order;
(iii) this paragraph shall not apply to any kite or captive
balloon.

(2) If an aircraft flies over the Territory in contravention of
paragraph (1) of this Article in such manner or circumstances that
if the aircraft had been registered in the Territory an offence against
this Order or any regulations made thereunder would have been
committed, the like offence shall be deemed to have been committed
in respect of that aircraft.

4. (1) The Governor shall be the authority for the registration
of aircraft in the Territory and shall cause a register to be kept.

(2) Subject to the provisions of this Article, an aircraft shall
not be registered or continue to be registered in the Territory if it
appears to the Governor that:
(a)the aircraft is registered outside the Territory and that such
registration does not cease by operation of law upon the
aircraft being registered in the Territory; 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
part of the Commonwealth; or
(d)it would be inexpedient in the public interest for the aircraft
to be or to continue to be registered in the Territory.

(3) The following persons and no others shall be qualified to
hold a legal or beneficial interest by way of ownership in an aircraft
registered in the Territory or a share therein:
(a)the Crown in right of Her Majesty's Government in the
United Kingdom or in right of the Government of the
Territory;
(b) British subjects;
(c) citizens of the Republic of Ireland;





(d) British protected persons;

(e)bodies incorporated in some part of the Commonwealth and
having their principal place of business in any part of the
Commonwealth;

firms carrying on business in Scotland.

In this sub-paragraph 'firm' has the same meaning as in the
Partnership Act 1890(a)

(4) If an unqualified person residing or having a place of business
in the Territory holds a legal or beneficial interest by way of ownership
in an aircraft, or a share therein, the Governor, upon being satisfied that
the aircraft may otherwise be properly so registered, may register the
aircraft in the Territory. The person aforesaid shall not cause or permit
the aircraft, while it is registered in pursuance of this paragraph, to be
used for the purpose of public transport or aerial work.

(5) If an aircraft is chartered by demise to a person qualified as
aforesaid the Governor may, whether or not an unqualified person is
entitled as owner to a legal or beneficial interest therein, register the
aircraft in the Territory 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 the Territory
shall be made in writing to the Governor, 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 the
Territory 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 the Territory and being satisfied that the aircraft may properly be so
registered, the Governor 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 Governor;

(c)the name of the constructor of the aircraft and its designation;

(d) the serial number of the aircraft;

(a) 1890 c. 39.





(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.

(8) The Governor shall furnish to the person in whose name
the aircraft is registered (hereinafter in this Article referred to as
'the registered owner') a certificate of registration, which shall
include the foregoing particulars and the date on which the certificate
was issued:

Provided that the Governor 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 Governor 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 Governor may grant to any person qualified as afore-
said an aircraft dealer's certificate if he is satisfied that he has a
place of business in the Territory 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 the Territory an un-
qualified person becomes entitled to a legal or beneficial interest
by way of ownership in the aircraft or a share therein, the registra-
tion of the aircraft shall thereupon become void and the certificate
of registration shall forthwith be returned by the registered owner
to the Governor.

(11) Any person who is the registered owner of an aircraft
registered in the Territory shall forthwith inform the Governor in
writing of:
(a)any change in the particulars which were furnished to the
Governor 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 para-
graph (5) of this Article, the termination of the demise
charter.

(12) Any person who becomes the owner of an aircraft registered
in the Territory shall forthwith inform the Governor in writing to
that effect.

(13) The Governor 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 if he is
satisfied that there has been a change in the ownership of the aircraft.

(14) The Governor may, by regulations, adapt or modify the
foregoing provisions of this Article as he deems necessary or expedient
for the purpose of providing for the temporary transfer of aircraft to or
from the Territory register, either generally or in relation to a particular
case or class of cases.

(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 Governor to cancel the
registration of an aircraft if in his opinion it would he inexpedient in the
public interest to do so.

(17) The registration of an aircraft which is the subject of an
undischarged mortgage entered in the Register of Aircraft Mortgages
kept in the Territory pursuant to an Order in Council made under section
16 of the Civil Aviation Act 1968(a) which extends to the Territory shall
not become void by virtue of paragraph (10) of this Article, nor shall the
Governor cancel the registration of such an aircraft pursuant to this
Article unless all persons shown in the Register of Aircraft Mortgages
as mortgagees of that aircraft have consented to the cancellation.

(18) The Governor shall transmit to the Civil Aviation Authority
particulars of all registrations and of changes in or cancellations of
registrations, entered in the register.

5. (1) An aircraft (other than an aircraft permitted _by or under this
Order to fly without being registered) shall not fly unless it bears
painted thereon or affixed thereto, in the manner required by the law of
the country in which it is registered, the nationality and registration
marks required -by that law.

(2) The marks to be borne by aircraft registered in the Territory
shall comply with Part B of Schedule 1 to this Order.

(3) An aircraft shall not bear any marks which purport to indicate:

(a)that the aircraft is registered in a country in which it is not in
fact registered; or

(a) 1968 c. 61.





(b)that the aircraft is a State aircraft of a particular country if it is
not in fact such an aircraft unless the appropriate authority of
that country has sanctioned the bearing of such marks.

PART II

AIR OPERATORS' CERTIFICATES

6. (1) An aircraft registered in the Territory shall not fly on any
flight for the purpose of public transport, otherwise than under and in
accordance with the terms of an air operators' certificate granted to the
operator of the aircraft under paragraph (2) of this Article, certifying
that the holder of the certificate is competent to secure that aircraft
operated by him on such flights as that in question are operated safely.

(2) The Governor may grant to any person applying therefor an air
operator's certificate if he is satisfied that that person is competent,
having regard in particular to his previous conduct and experience, his
equipment, organization, staffing, maintenance and other arrangements,
to secure the safe operation of aircraft of the types specified in the
certificate on flights of the description and for the purposes so
specified. The certificate may be granted subject to such conditions as
the Governor thinks fit and shall, subject to the provisions of Article 58
of this Order, remain in force for the period specified in the certificate.

PART III

AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT

7. (1) An aircraft shall not fly unless there is in force in respect
thereof a certificate of airworthiness duly issued or rendered valid under
the law of the country in which. the aircraft is registered, and any
conditions subject to which the certificate was issued or rendered valid
are complied with:

Provided that the foregoing prohibition shall not apply to flights,
beginning and ending in the Territory without passing over any other
country, of:

(a)a glider, if it is not being used for the public transport of
passengers or aerial work;

(b)a balloon, if it is not being used for the public transport of
passengers;

(c) a kite;

(d)an aircraft flying in accordance with the 'A Conditions' or the
'B Conditions' set forth in Schedule 2 to this Order;

(e)an aircraft flying in accordance with the conditions of a permit
to fly issued by the Governor in respect of that aircraft.





(2) In the case of an aircraft registered in the- Territory the
certificate of airworthiness referred to in paragraph (1) of this Article
shall be a certificate issued or rendered valid in accordance with the
provisions of Article 8 of this Order.

8. (1) The Governor may issue in respect of any aircraft a certificate
of airworthiness if he is satisfied that the aircraft is fit to fly having
regard to:

(a)the design, construction, workmanship and materials of the
aircraft (including in particular any engines fitted therein), and
of any equipment carried in the aircraft which he considers
necessary for the airworthiness of the aircraft; and

(b)the results of flying trials, and such other tests of the aircraft
as he may require:

Provided that, if the Governor has issued a certificate of
airworthiness in respect of an aircraft which, in his- opinion, is a
prototype aircraft or a modification of a prototype aircraft, he may
dispense with flying trials in the case of any other aircraft if he is
satisfied that it conforms to such prototype or modification.

(2) Every certificate of airworthiness shall specify such categories
as are, in the opinion of the Governor, appropriate to the aircraft in
accordance with Schedule 3 to this Order and the -certificate shall be
issued subject to the condition that the aircraft shall be flown only for
the purposes indicated in the said Schedule in relation to those
categories:

Provided that the Governor -shall not specify the General Purpose
Category in any certificate of airworthiness issued or renewed on or
after 1 December 1978. (a)

(3) The Governor may issue the certificate of airworthiness subject
to such other conditions relating to the airworthiness of the aircraft as
he thinks fit.

.(4) The certificate of airworthiness may designate the performance
group to which the aircraft belongs for the purposes of the requirements
referred to in Article 29(1) of this Order.

(5) The Governor may, subject to such conditions as he thinks fit,
issue a certificate of validation rendering valid for the purposes of this
Order a certificate of airworthiness issued in respect of any aircraft
under the law of any country other than the Territory.

(6) Subject to the provisions of this Article and of Article 58 of this
Order, a certificate of airworthiness or validation issued under this
Article shall remain in force for such period as may be specified therein,
and may be renewed from time to time by the Governor for such further
period as he thinks fit.

(a) Replaced, S.I. 1978 No. 1520. (L.N. 83/80)





(7) A certificate of airworthiness or a certificate of validation
issued in respect of an aircraft shall cease to be in force:

(a)if the aircraft, or such of its equipment as is necessary for the
airworthiness of the aircraft is overhauled, repaired or
modified, or if any part of the aircraft or of such equipment is
removed or is replaced, otherwise than in a manner and with
material of a type approved by the Governor either generally
or in relation to a class of aircraft or to the particular aircraft; or

(b)until the completion of any inspection of the aircraft or of any
such equipment as aforesaid, being an inspection required by
the Governor to be made for the purpose of ascertaining
whether the aircraft remains airworthy; or

(e)until the completion to the satisfaction of the Governor of any
modification of the aircraft or of any such equipment as
aforesaid, being a modification required by the Governor for
the purpose of ensuring that the aircraft remains airworthy.

(8) Without prejudice to any other provision of this Order the
Governor may, for the purposes of this Article, accept reports furnished
to him by a person whom he may approve, either absolutely or subject
to such conditions as he thinks fit, as qualified to furnish such reports.

9. (1) An aircraft registered in the Territory (not being an aircraft in
respect of which a certificate of airworthiness of the General Purpose
Category or the Special Category is in force) shall not fly for the
purpose of public transport or dropping or projecting any material for
agricultural, public health or similar purposes unless:

(a)the aircraft (including in particular its engines), together with
its equipment and radio station, is maintained in accordance
with maintenance schedules approved by the Governor in
relation to that aircraft;

(b)there are in force in respect of that aircraft certificates (in this
Order referred to as 'certificates of maintenance') issued in
accordance with the provisions of this Article and certifying
that maintenance has been carried out in accordance with
such maintenance schedules:

Provided that an aircraft may, notwithstanding that subparagraphs
(a) and (b) have not been complied with in relation to the radio station
therein, fly for the sole purpose of enabling persons to be trained to
perform duties in aircraft.

(2) An aeroplane registered in the Territory (not being an aeroplane
in respect of which a certificate of airworthiness of the General Purpose
Category or the Special Category is in force) shall not fly unless the
flight data recording system, if any, required by or under this Order to
be carried, is maintained in accordance with





a maintenance schedule approved by the Governor in relation to that
equipment and there is in force in respect of that equipment a certificate
of maintenance issued in accordance with the provisions of this Article
and certifying that maintenance has been carried out in accordance with
such maintenance schedule.

(3) Every certificate of maintenance shall come into force upon
being issued and shall cease to be in force upon the expiration of the
period of its validity in elapsed time or flying time, whichever may be the
earlier, as specified in the relevant maintenance schedule, and the period
of validity of the certificate shall be recorded in the certificate at the time
when it-is issued.

(4) A certificate of maintenance may be issued for the purposes of
this Article only by

(a)the holder of an aircraft maintenance engineer's licence
granted under this Order,, being a licence which entitles him to
issue that certificate; or

(b)the holder of a licence as such an engineer granted under the
law of a country other than the Territory and rendered valid
under this Order, in accordance with the privileges endorsed
on the licence; or

(c)the holder of a licence as such an engineer granted under the
law of any country specified in Regulation 10 in Schedule 15
to this Order, in accordance with the privileges endorsed on
the licence and subject to any conditions specified in that
Schedule; or

(d)a person whom the Governor has authorized to issue a
certificate of maintenance in a particular case, and in
accordance with that authority; or

(e)a person approved by the Governor as being competent to
issue such certificates, and in accordance with that approval:

Provided that, upon approving a maintenance schedule, the
Governor may direct that certificates of maintenance relating to that
schedule, or to any part thereof specified in its direction, may be issued-
only by the holder of such a licence as is so specified.

(5) Certificates of maintenance shall be issued in duplicate. One of
the duplicates shall, during the period of validity of the certificate, be
carried in the aircraft when Article 54 of this Order so requires, and the
other shall be kept by the operator elsewhere than in the aircraft.

(6) At the end of every flight by an aircraft registered in the
Territory for any of the purposes specified in paragraph (1) of this
Article, the commander of the aircraft shall enter-in a technical log:

(a) the times when the aircraft took off and landed; and

(b)particulars of any defect in any part of the aircraft or its
equipment which is known to him, being a part to which





a maintenance schedule relates, or, if no such defect is known
to him, an entry to that effect,

and he shall sign and date such entries:

Provided that in the case of a number of consecutive flights
beginning and ending on the same day and with the same person as
commander of the aircraft, the commander of an aircraft

(i) flying for the purpose of public transport where each of the
aforesaid consecutive flights begins at the same aerodrome
and ends at that aerodrome, or

00 flying for the purpose of dropping or projecting any material for
agricultural, public health or similar purposes, may, except where he
becomes aware of a defect during an earlier flight, make the entries
as aforesaid in a technical log at the end of the last of such
consecutive flights.

(7) Upon the rectification of any defect which has been entered in a
technical log in accordance with paragraph (6) of this Article, a copy of
the certificate of compliance required by Article 11 of this Order in
respect of the work done for the rectification of the defect shall be
entered in the technical log in such a position or manner as to be readily
identifiable with the entry of the defect to which it relates.

(8) The technical log referred to in paragraphs (6) and (7) of this
Article shall be carried in the aircraft when Article 54 of this Order so
requires and copies of the entries referred to in those paragraphs shall
be kept on the ground.

(9) Subject to the provisions of Article 57 of this Order every
certificate of maintenance shall be preserved by the operator of the
aircraft for a period of two years following the expiration of the period of
validity of the certificate and for such further period as the Governor
may require in any particular case.

10. (1) An aircraft registered in the Territory being an aircraft in
respect of which a certificate of airworthiness of the General Purpose
Category is in force shall not fly unless the aircraft (including in
particular its engines), together with its equipment and radio station, is
maintained in accordance with a maintenance schedule approved by the
Governor in relation to that aircraft and if the aircraft is flying for the
purpose of the public transport of passengers, unless there is in force a
certificate (in this Order referred to as a -certificate of release') issued in
accordance with the provisions of this Article and certifying that
maintenance has been carried out in accordance with such a
maintenance schedule:

Provided that an aircraft may, notwithstanding that the radio
station has not been so maintained, fly for the sole purpose of enabling
persons to be trained to perform duties in aircraft.

(2) Every certificate of release shall come into force upon being
issued and shall cease to be in force upon the expiration of the





period of its validity as specified in the relevant maintenance schedule,
and the period of validity of the certificate shall be recorded in the
certificate at the time when it is issued.

(3) A certificate of release may be issued for the purposes of this
Article only by

(a)the holder of an aircraft maintenance engineer's licence
granted under this Order, being a licence which entitles him to
issue that certificate; or

(b)the holder of a licence as such an engineer granted under the
law of a country other than the Territory and rendered valid
under this Order, in accordance with the privileges endorsed
on the licence; or

(c)the holder of a licence as such an engineer granted under the
law of any country specified in Regulation 10 in Schedule 15 to
this Order, in accordance with the privileges endorsed on the
licence and subject to any conditions specified in that
Schedule; or

(d)a person whom the Governor has authorized to issued a
certificate of release in a particular case, and in accordance
with that authority.

(4) Certificates of release shall be issued in duplicate. One of the
duplicates shall, during the period of validity of the certificate, be carried
in the aircraft when Article 54 of this Order so requires, and the other
shall be kept by the operator elsewhere than in the aircraft.

(5) At the end of every flight by any such aircraft as aforesaid the
commander of the aircraft shall enter in a log book

(a) the times when the aircraft took off and landed; and

(b)particulars of any defect in any part of the aircraft or its
equipment which is known to him, being a part to which a
maintenance schedule relates, or, if no such defect is known to
him, an entry to that effect,

and he shall sign and date every such entry:

Provided that in the case of a number of consecutive flights
beginning and ending on the same day and with the same person as
commander of the aircraft, that person may, except where he becomes
aware of a defect during an earlier flight, make the entry as aforesaid in a
log book at the end of the last of such consecutive flights.

11. (1) An aircraft registered in the Territory, being an aircraft in
respect of which a certificate of airworthiness issued or rendered valid
under this Order is in force, shall not fly (except as provided for in
paragraph (2) of this Article) if any part of the aircraft or of such of its
equipment as is necessary for the airworthiness of the aircraft, has been
overhauled, repaired, replaced or modified, or has been inspected as
provided in Article 8(7)(b) of





this Order, unless there is in force a certificate of compliance issued
in accordance with this Article and relating to the overhaul, repair,
replacement, modification or inspection, as the case may be:

Provided that:
(a)unless the Governor gives a direction to the contrary in
the particular case nothing in this paragraph shall require
a certificate of compliance to be in force in respect of an
aircraft of which the maximum total weight authorized
does not exceed 2,730 kg. and in respect of which a cer-
tificate of airworthiness of the Special Category is in force;
(b)if a repair or replacement of a part of an aircraft or its
equipment is carried out when the aircraft is at such place
that it is not reasonably practicable-
(i) for the repair or replacement to be carried out in
such a manner that a certificate of compliance can be
issued under this Article in respect thereof, or
(ii) for such a certificate to be issued while the aircraft
is at that place,
the aircraft may fly to a place at which such a certificate can be
issued, being the nearest place:
(aa)to which the aircraft can, in the reasonable opinion of the
commander thereof, safely fly by a route for which it is
properly equipped, and
(bb)to which it is reasonable to fly having regard to any hazards
to the liberty or health of any person on board;
and in such case the commander of the aircraft shall cause written
particulars of the flight, and the reasons for making it, to be given
to the Governor within 10 days thereafter.

(2) Nothing in paragraph (1) of this Article shall prevent an
aircraft of which the maximum total weight authorized does not
exceed 2,730 kg. from flying otherwise than for the purpose of public
transport if the only repairs or replacements in respect of which a
certificate of compliance is not in force are of such a description as
are specified in Regulation 13 in Schedule 15 to this Order and have
been carried out, personally by the owner or operator of the aircraft
being the holder of a pilot's licence granted or rendered valid under
this Order. In that event the owner or operator, as the case may
be, of the aircraft, shall keep in the aircraft log book kept in respect
of the aircraft pursuant to Article 15 of this Order a record which
identifies the repair or replacement and shall sign and date the entries,
and, subject to the provisions of Article 57 of this Order, shall
preserve the log book for a period of 2 years from the date of the
last entry therein. (a) Any equipment or parts used in carrying out
such repairs or replacements shall be of a type approved by the

(a) Amended, S.I. 1978 No. 1520. (L.N. 83180)





Governor whether generally or in relation to a class of aircraft or
the particular aircraft.

(3) Neither:
(a)equipment provided in compliance with Schedule 5 to this
Order (except paragraph (3) thereof), nor
(b)radio apparatus provided for use in an aircraft or in any
survival craft carried in an aircraft, whether or not such
apparatus is provided in compliance with this Order or any
regulation made thereunder, (a)
shall be installed, or place on board for use, in an aircraft registered
in the Territory after being overhauled, repaired or modified, unless
there is in force in respect thereof at the time when it is installed or
placed on board a certificate of compliance issued in accordance
with this Article and relating to the overhaul, repair or modification,
as the case may be.

(4) For the purposes of this Order, 'certificate of compliance,$
means a certificate that the part of the aircraft or its equipment has
been overhauled, repaired, replaced or modified, as the case may be,
in a manner and with material of a type approved by the Governor
either generally or in relation to a class of aircraft or the particular
aircraft and which identifies the overhaul, repair, replacement or
modification to which it relates and includes particulars of the work
done; and in relation to an inspection required by the Governor, that
the inspection has been made in accordance with the requirement of
the Governor and that any consequential repair or replacement has
been carried out as aforesaid.

(5) A certificate of compliance may be issued for the purposes
of this Article only by-
(a)the holder of an aircraft maintenance engineer's licence
granted under this Order, being a licence which entitles
him to issue that certificate; or
(b)the holder of a licence as such an engineer granted under
the law of a country other than the Territory and rendered
valid under this Order, in accordance with the privileges
endorsed on the licence; or
(c)the holder of a licence as such an engineer granted under
the law of any country specified in Regulation 10 in
Schedule 15 to this Order, in accordance with the privileges
endorsed on the licence and subject to any conditions
specified in that Schedule; or
(d)the holder of a licence or authorization as such an engineer
granted or issued by or under the law of any Contracting
State in which the overhaul, repair, replacement, modifica-
tion or inspection has been carried out, but only in respect

(a) Replaced, S.I. 1978 No. 1520. (L.N. 83180)





of aircraft of which the maximum total weight authorized does
not exceed 2,730 kg.; or

(e)a person approved by the Governor as being competent to
issue such certificates, and in accordance with that
approval;or

(f) a person whom the Governor has authorized to issue the
certificate in a particular case, and in accordance with that
authority; or

(g)in relation only to the adjustment and compensation of direct
reading magnetic compasses, the holder of an Airline
Transport Pilot's Licence (Aeroplanes), a Senior Commercial
Pilot's Licence (Aeroplanes) or a Flight Navigator's Licence
granted or rendered valid under this Order.

(6) Subject to the provisions of Article 57 of this Order, a certificate
of compliance shall be preserved by the operator of the aircraft to which
it relates for the period of time for which he is required to preserve the
log book relating to the same part of the aircraft or to the same
equipment or apparatus as the case may be. (a)

(7) In this Article, the expression 'repair' includes in relation to a
compass the adjustment and compensation thereof and the expression
'repaired' shall be construed accordingly.

12. (1) The Governor may grant aircraft maintenance engineer's
licences, subject to such conditions as he thinks fit, of a category
specified in Schedule 4 to this Order, upon his being satisfied that the
applicant is a fit person to hold the licence and has furnished such
evidence and passed such examinations and tests as the Governor may
required of him for the purpose of establishing that he has sufficient
knowledge, experience, competence and skill in aeronautical
engineering.

(2) The Governor may include in a licence of any category a rating,
subject to such conditions as he thinks fit, specifying a type of aircraft
or equipment, upon being satisfied as aforesaid that the applicant is
qualified to issue the certificates specified in Schedule 4 in relation to
that category in respect of aircraft or equipment of that type, and a
rating shall be deemed to form part of the licence.

(3) A licence of any category shall, subject to any conditions
included in the licence, entitle the holder to issue the certificates
specified in Schedule 4 in relation to that category in respect of aircraft
or equipment of a type specified in a rating included in the licence.

(4) A licence shall, subject to the provisions of Article 58 of this
Order, remain in force for the period specified therein, not exceeding 2
years, but may be renewed by the Governor from time

(a) Replaced, S.I. 1978 No. 1520. (L.N. 83180)





to time upon his being satisfied that the applicant is a fit person and is
qualified as aforesaid.

(5) The Governor may issue a certificate rendering valid for the
purposes of this Order any licence as an aircraft maintenance engineer
or aircraft radio maintenance engineer granted under the law of any
country other than the Territory. Such certificate may be issued subject
to such conditions, and for such period, as the Governor thinks fit.

(6) Upon receiving a licence granted under this Article, the holder
shall forthwith sign his name thereon in ink with his ordinary signature.

13.' (1) An aircraft shall not fly unless is so equipped as to comply
with the law of the country in which it is registered, and to enable lights
and markings to be displayed, and signals to be made, in accordance
with this Order and any regulations made thereunder.

(2) In the case of aircraft registered in the Territory the equipment
required to be provided (in addition to any other equipment required by
or under this Order) shall be that specified in such parts of Schedule 5 to
this Order as are applicable in the circumstances and shall comply with
the provisions of that Schedule. The equipment, except that specified in
paragraph (3) of the said Schedule, shall be of a type approved by the
Governor either generally or in relation to a class of aircraft or in relation
to that aircraft and shall be installed in a manner so approved.

(3) In any particular case the Governor may direct that an aircraft
registered in the Territory shall carry' such additional or special
equipment or supplies as he may specify for the purpose of facilitating
the navigation of the aircraft, the carrying out of search and rescue
operations, or the survival of the persons carried in the aircraft.

(4) The equipment carried in compliance with this Article shall be
so installed or stowed and kept stowed, and so maintained and
adjusted, as to be readily accessible and capable of being used by the
person for whose use it is intended.

(5) The position of equipment provided for emergency use shall be
indicated by clear markings in or on the aircraft. In particular in every
public transport aircraft registered in the Territory there shall be

(a)exhibited in a prominent position in every passenger
compartment; or

(b) provided individually for each passenger,

a notice stating where the lifejackets (if any) are to be found, and
containing instructions as to how they are to be used.

(6) All equipment installed or carried in an aircraft, whether or not in
compliance with this Article, shall be so installed or





stowed and kept stowed and so maintained and adjusted as not to
be a source of danger in itself or to impair the airworthiness of the
aircraft or the proper functioning of any equipment or services
necessary for the safety of the aircraft.

(7) Without prejudice to paragraph (2) of this Article, all
navigational equipment (other than radio apparatus) of any of the
following types,, namely:
(a)equipment capable of establishing the aircraft's position
in relation to its position at some earlier time by computing
and applying the resultant of the acceleration and gravita-
tional forces acting upon it, and
(b)equipment capable of establishing automatically the altitude
and relative bearing of selected celestial bodies,
when carried in an aircraft registered in the Territory (whether or
not in compliance with this Order or any regulations made there-
under) shall be of a type approved by the Governor either generally
or in relation to a class of aircraft or in relation to that aircraft and
shall be installed in a manner so approved.

(8) This Article shall not apply in relation to radio apparatus
except that specified in Schedule 5 to this Order.

14. (1) An aircraft shall not fly unless it is so equipped with
radio equipment as to comply with the law of the country in which
the aircraft is registered and to enable communications to be made
and the aircraft to be navigated, in accordance with the provisions
of this Order and any regulations made thereunder.

(2) Without prejudice to paragraph (1) of this Article, the
aircraft shall be equipped with radio equipment in accordance with
Schedule 6 to this Order.

(3) In any particular case the Governor may direct that an
aircraft registered in the Territory shall carry such additional or
special radio equipment as he may specify for the purpose of
facilitating the navigation of the aircraft, the carrying out of search
and rescue operations or the survival of the persons carried in the
aircraft.

(4) Subject to such exceptions as may be prescribed the radio
equipment provided in compliance with this Article in an aircraft
registered in the Territory shall always be maintained in serviceable
condition.

(5) All radio equipment installed in an aircraft registered in
the Territory (whether or not in compliance with this Order or any
regulations made thereunder) shall be of a type approved by the
Governor in relation to the purpose for which it is to be used, and
shall, except in the case of a glider which is permitted by Article 3(1)
of this Order to fly unregistered, be installed in a manner approved
by the Governor. Neither the equipment nor the manner in which





it is installed shall be modified except with the approval of the Governor.

15. (1) In addition to any other log books required by or under this
Order, the following log books shall be kept in respect of every aircraft
registered in the Territory: (a)

(a) an aircraft log book; and

(b)a separate log book in respect of each engine fitted in the
aircraft; and

(c)a separate log book in respect of each variable pitch propeller
fitted to the aircraft.

The log books shall include the particulars respectively specified in
Schedule 7 to this Order and in the case of an aircraft having a maximum
total weight authorized not exceeding 2,730 kg., shall be of a type
approved by the Governor. (a)

(2)(a) Each entry in the log book, other than such an entry as is
referred to in sub-paragraphs 2(d)(ii) or 3(d)(ii) of Schedule 7 to
this Order, shall be made as soon as practicable after the
occurrence to which it relates, but in no event more than 7
days after the expiration of the certificate of maintenance (if
any) in force in respect of the aircraft at the time of the
occurrence;

(b)Each entry in the log book, being such an entry as is referred
to in sub-paragraphs 2(d)(ii) or 3(d)(ii) of Schedule 7 to this
Order shall be made upon each occasion that any maintenance,
overhaul, repair, replacement, modification or inspection is
undertaken on the engine or propeller as the case may be. (b)

(3) Entries in a log book may refer to other documents, which shall
be clearly identified, and any other document so referred to shall be
deemed, for the purposes of this Order, to be part of the log book.

(4) It shall be the duty of the operator of every aircraft in respect of
which log books are required to be kept as aforesaid to keep them or
cause them to be kept in accordance with the foregoing provisions of
this Article.

(5) Subject to the provisions of Article 57 of this Order every log
book shall be preserved by the operator of the aircraft until a date two
years after the aircraft, the engine or the variable pitch propeller, as the
case may be, has been destroyed or has been permanently withdrawn
from use.

16. (1) Every flying machine and glider in respect of which a
certificate of airworthiness issued or rendered valid under this Order

(a) Amended, S.I. 1978 No. 1520. (L.N. 83/80)

(b) Replaced, S.I. 1978 No. 1520. (L.N. 83180)





is in force shall be weighed, and the position of its centre of gravity
determined, at such times and in such manner as the Governor may
require or approve in the case of that aircraft.

(2) Upon the aircraft being weighed as aforesaid the operator of the
aircraft shall prepare a weight schedule showing

(a)either the basic weight of the aircraft, that is to say, the weight
of the aircraft empty together with the weight of unusable fuel
and unusable oil in the aircraft and of such items of equipment
as are indicated in the weight schedule, or such other weight
as may be approved by the Governor in the case of that
aircraft; and

(b)either the position of the centre of gravity of the aircraft when
the aircraft contains only the items included in the basic
weight or such other position of the centre of gravity as may
be approved by the Governor in the case of that aircraft.

(3) Subject to the provisions of Article 57 of this Order the weight
schedule shall be preserved by the operator of the aircraft until the
expiration of a period of 6 months following the next occasion on which
the aircraft is weighed for the purposes of this Article.

17. The Governor may cause such inspections, investigations,
tests, experiments and flight trials to be made as he deems necessary for
the purposes of this Part of this Order and any person authorized to do
so in writing by the Governor may at any reasonable time inspect any
part of, or material intended to be incorporated in or used in the
manufacture of any part of, an aircraft or its equipment or any
documents relating thereto and may for that purpose go upon any
aerodrome or enter any aircraft factory.

PARTIV

AIRCRAFT CREW AND LICENSING

18. (1) An aircraft shall not fly unless it carries a flight crew of the
number and description required by the law of the country in which it is
registered.

(2) An aircraft registered in the Territory shall carry a flight crew
adequate in number and description to ensure the safety of the aircraft
and of at least the number and description specified in the certificate of
airworthiness issued or rendered valid under this Order or, if no
certificate of airworthiness is required under this Order to be in force,
the certificate of airworthiness, if any, last in force under this Order, in
respect of that aircraft.

(3) Unless the Governor otherwise prescribes, a flying machine
registered in the Territory and flying for the purpose of public





transport, having a maximum total weight authorized exceeding 5,700 kg.
shall carry not less than two pilots as members of the flight crew
thereof.

(4) An aircraft registered in the Territory engaged on a flight for the
purpose of public transport shall carry:

(a) a flight navigator as a member of the flight crew; or

(b)navigational equipment approved by the Governor and used
in accordance with any conditions subject to which that
approval may have been given,

if on the route or any diversion therefrom being a route or diversion
planned before take-off, the aircraft is intended to be more than 500
nautical miles from the point of take-off measured along the route to be
flown, and to pass over part of an area specified in Schedule 8 to this
Order. The flight navigator carried in compliance with this Article shall
be carried in addition to any person who is carried in accordance with
this Article to perform other duties.

(5) An aircraft registered in the Territory which is required by the
provisions of Article 14 of this Order to be equipped with radio
communication apparatus shall carry a flight radio operator as a member
of the flight crew, who, if he is required to operate radiotelegraph
apparatus, shall be carried in addition to any other person who is carried
in accordance with this Article to perform other duties.

(6) If it appears to him to be expedient to do so in the interests of
safety, the Governor may direct any particular operator of any aircraft
registered in the Territory that the aircraft operated by, him or any such
aircraft shall not fly in such circumstances as the Governor may specify
unless those aircraft carry in addition to the flight crew required to be
carried therein by the foregoing provisions of this Article such
additional persons as members of the flight crew as he may specify in
the direction. (a)

(7)(a) When an aircraft registered in the Territory carries 20 or
more passengers on a flight for the purposes of public
transport, the crew of the aircraft shall include cabin
attendants carried for the purposes of performing in the
interest of the safety of passengers duties to be assigned by
the operator or the person in command of the aircraft, but who
shall not act as members of the flight crew.

(b)The Governor may give a direction to the operator of any
aircraft registered in the Territory requiring him to include
among the crew thereof whenever the aircraft is flying for the
purpose of public transport at least one cabin attendant,
notwithstanding that the aircraft may be carrying fewer than 20
passengers.

(a) Amended, S.I. 1978 No. 1520. (L.N. 83/80)





(c)In the case of an aircraft with a total seating capacity of not
more than 200, the number of cabin attendants carried on such
a flight as is mentioned in sub-paragraph (a) of this Article,
shall be not less than one cabin attendant for every 50, or
fraction of 50, passengers carried.

(d)In the case of an aircraft with a total seating capacity of more
than 200, the number of cabin attendants carried on such a
flight as aforesaid, shall be not less than half the number of
main exits in the aircraft, and in addition, when more than 200
passengers are carried, one additional cabin attendant for
every 25, or fraction of 25, of such passengers:

Provided that, if the number of cabin attendants,
calculated in accordance with this sub-paragraph, exceeds the
number of main exits in the aircraft, it shall be sufficient
compliance with this Article if the number of cabin attendants
carried is equal to the number of main exits in the aircraft.

(e)For the purposes of this paragraph a main exit means an .exit in
the side of the aircraft at floor level intended for the
disembarkation of passengers whether normally or in an
emergency.

19. (1) Subject to the provisions of this Article, a person shall not
act as a member of the flight crew of an aircraft registered in the
Territory unless he is the holder of an appropriate licence granted or
rendered valid under this Order:

Provided that a person may within the Territory without being the
holder of such a licence

(a) act as a flight radiotelephony operator if-

(i) he does so as the pilot of a glider not flying for the
purpose of public transport or aerial work, or as a person
being trained in an aircraft registered in the Territory to
perform duties as a member of the flight crew of an aircraft;
and

(ii) he is authorized to operate the radiotelephony station by
the holder of the licence granted in respect of that station
under any enactment; and

(iii) messages are transmitted only for the purposes of
instruction, or of the safety or navigation of the aircraft; and

(iv) messages are transmitted only on a frequency
exceeding 60 MHz assigned by the Governor for use on flights
on which a flight radiotelephony operator acts in one of the
capacities specified in paragraph (i) of this proviso; and

(v) the transmitter is pre-set to one or more of the
frequencies so assigned and cannot be adjusted in flight to
any other frequency; and





(vi) the operation of the transmitter requires the use only of
external switches; and

(vii) the stability of the frequency radiated is maintained
automatically by the transmitter;

(b)subject to the provisions of Article 20(8), act as pilot in
command of an aircraft for the purpose of becoming qualified
for the grant or renewal of a pilot's licence or the inclusion or
variation of any rating in a pilot's licence if

(i) he is at least 17 years of age; and

(ii) he is the holder of a valid medical certificate to the effect
that he is fit so to act issued by a person approved by the
Governor (a); and

(iii) he complies with any conditions subject to which that
medical certificate was issued; and

(iv) no other person is carried in the aircraft; and

(v) the aircraft is not flying for the purpose of public
transport or aerial work other than aerial work which consists
of the giving of instruction in flying or the conducting of
flying tests (a); and

(vi) he so acts in accordance with instructions given by a
person holding a pilot's licence granted under this Order being
a licence which includes a flying instructor's rating or an
assistant flying instructor's rating' entitling him to give
instruction in flying the type of aircraft being flown.

(2) Subject as aforesaid, a person shall not act as a member of the
flight crew required by or under this Order to be carried in an aircraft
registered in a country other than the Territory unless

(a)in the case of an aircraft flying for the purpose of public
transport or aerial work he is the holder of an appropriate
licence granted or rendered valid under the law of the country
in which the aircraft is registered; or

(b)in the case of any other aircraft, he is the holder of an
appropriate licence granted or rendered valid under the law of
the country in which the aircraft is registered or under this
Order, and the Governor does not in the particular case give a
direction to the contrary.

(3) For the purposes of this Article, a licence granted under the law
of a Contracting State purporting to authorize the holder thereof to act
as a member of the flight crew of an aircraft, not being a licence
purporting to authorize him to act as a student pilot only, shall unless
the Governor in the particular case gives a direction to the contrary be
deemed to be a licence rendered valid under this Order but shall not
entitle the holder to act as a member of the flight crew of any aircraft
flying for the purpose of public transport or aerial work or on any flight
in respect of which he receives remuneration for his services as a
member of the flight crew.

(a) Amended, S.I. 1978 No. 1520. (L.N. 83/80)





(4) Notwithstanding the provisions of paragraph (1) of this Article,
a person may, unless the certificate of airworthiness in force in respect
of the aircraft otherwise requires, act as pilot of an aircraft registered in
the Territory for the purpose of undergoing training or tests for the
grant or renewal of a pilot's licence or for the inclusion, renewal or
extension of a rating therein without being the holder of an appropriate
licence, if the following conditions are complied with:

(i) no other person shall be carried in the aircraft or in an aircraft
being towed thereby except a person carried as a member of
the flight crew in compliance with this Order, a person
authorized by the Governor to witness the aforesaid training
or tests or to conduct the aforesaid tests, or, if the pilot in
command of the aircraft is the holder of an appropriate
licence, a person carried for the purpose of being trained or
tested as a member of the flight crew of an aircraft; and

(ii) the person acting as the pilot of the aircraft without being the
holder of an appropriate licence either

(a)within the period of 6 months immediately preceding .was
serving as a qualified pilot of aircraft in any of Her
Majesty's naval, military or air forces, and his physical
condition has not, so far as he is aware, so deteriorated
during that period as to render him unfit for the licence for
which he intends to qualify; or

(b)holds a pilot's, a flight navigator's or a flight engineer's
licence granted under Article 20 of this Order and the
purpose of the training or test is to enable him to qualify
under this Order for the grant of a pilot's licence or for the
inclusion of an additional type in the aircraft rating in his
licence and he acts under the supervision of a person
who is the holder of an appropriate licence.

(5) Notwithstanding the provisions of paragraph (1) of this Article,
a person may act as a member of the flight crew (otherwise than as a
pilot) of an aircraft registered in the Territory for the purposes of
undergoing training or tests for the grant or renewal of a flight
navigator's or a flight engineer's licence or for the inclusion, renewal or
extension of a rating thereon/ without being the holder of an appropriate
licence if he acts under supervision and in the presence of another
person who is the holder of the type of licence or rating for which the
person undergoing the training or tests is being trained or tested.

(6) Notwithstanding the provisions of paragraph (1) of this Article,
a person may act as a member of the flight crew of an aircraft registered
in the Territory without being the holder of an appropriate licence if, in
so doing, he is acting in the course of his duty as a member of any of
Her Majesty's naval, military or air forces.





(7) An appropriate licence for the purposes of this Article means a
licence which entitles the holder to perform the functions which he
undertakes in relation to the aircraft concemed and the flight on which it
is engaged.

(8) This Article shall not require a licence to be held by a person by
reason of his acting as a member of the flight crew of a glider unless

(a) he acts as a flight radio operator; or

(b)the flight is for the purpose of public transport or aerial work,
other than aerial work which consists of the giving of
instruction in flying in a glider owned or operated by a flying
club of which the person giving and the person receiving
instruction are both members.(a)

(9) Notwithstanding anything in this Article-

(i) the holder of a licence granted or rendered valid under this
Order, being a licence endorsed to the effect that the holder
does not satisfy in full the relevant international standard,
shall not act as a member of the flight crew of an aircraft
registered in the Territory in or over the territory of a
Contracting State, except in accordance with permission
granted by the competent authorities of that State;

(ii) the holder of a licence granted or rendered valid under the law
of a Contracting State, being a licence endorsed as aforesaid,
shall not act as a member of the flight crew of any aircraft in or
over the Territory except in accordance with permission
granted by the Governor, whether or not the licence is or is
deemed to be rendered valid under this Order.

20.(1) (a) The Governor may grant licences, subject to such
conditions as he thinks fit, of any of the classes specified in
Part A of Schedule 9 to this Order authorizing the holder to act
as a member of the flight crew of an aircraft registered in the
Territory, upon his being satisfied that the applicant is a fit
person to hold the licence, and is qualified by reason of his
knowledge, experience, competence, skill, physical and mental
fitness to act in the capacity to which the licence relates, and
for that purpose the applicant shall furnish such evidence and
undergo such examinations and tests (including in particular
medical examinations) as the Governor may require of him.

(b)A licence of any class shall not be granted to any person who
is under the minimum age specified for that class of licence in
Part A of the said Schedule.

(c)A licence granted under this Article shall not be valid unless it
bears thereon the ordinary signature of the holder in ink.

(a) Amended, S.I. 1978 No.. 1520. (L.N. 83/80)





(d)A licence shall, subject to the provisions of Article 58 of this
Order, remain in force for the period indicated in the licence,
not exceeding those respectively specified in the said
Schedule, and may be renewed by the Governor from time to
time upon his being satisfied that the applicant is a fit person
and qualified as aforesaid. If no period is indicated in the
licence it shall remain in force subject as aforesaid, for the
lifetime of the holder.

(2) The Governor may include in a licence a rating subject to such
conditions as he thinks fit, of any of the classes specified in Part B of
the said Schedule, upon his being satisfied that the applicant is
qualified as aforesaid to act in the capacity to which the rating relates,
and such rating shall be deemed to form part of the licence.

(3) Subject to any conditions of the licence and to the provisions of
this Order, a licence of any class shall entitle the holder to perform the
functions specified in respect of that licence in Part A of the said
Schedule under the heading 'privileges' and a rating of any class shall
entitle the holder of the licence in which such rating is included to
perform the functions specified in respect of that rating in Part B of the
said Schedule.

(4)(a) Subject to the provisions of sub-paragraph (c) of this
paragraph, the holder of a pilot's licence or a flight engineer's
licence shall not be entitled to exercise the privileges of an
aircraft rating contained in the licence on a flight unless the
licence bears a valid certificate of test or a valid certificate of
experience, which certificate shall in either case be appropriate
to the functions he is to perform on that flight in accordance
with Part C of the said Schedule and shall otherwise comply
with that Part:

Provided that the holder of a Private Pilot's Licence
(Balloons and Airships), a Commercial Pilot's Licence
(Balloons) or a Commercial Pilot's Licence (Airships) shall be
entitled to exercise the privileges of an aircraft rating
contained in the licence on a flight when the licence does not
bear such a certificate.

(b)The holder of a flight navigator's licence shall not be entitled
to perform functions on a flight to which Article 18(4) of this
Order applies unless the licence bears a valid certificate of
experience which certificate shall be appropriate to the
functions he is to perform on that flight in accordance with
Part C of Schedule 9 and shall otherwise comply with that Part.

(c)In the case of a certificate of test or a certificate of experience
issued in accordance with Part C of the said Schedule on or
after 10 November 1975 the holder of a Private Pilot's Licence
shall not be entitled to exercise the privileges of an aircraft
rating contained in the licence on





a flight unless the certificate of test or certificate of ex-
perience required by sub-paragraph (a) of this paragraph
is included in the personal flying log book required to be
kept by him under Article 22 of this Order.

(5) A person shall not be entitled to perform the functions to
which an instrument rating (aeroplanes), a flying instructor's rating,
an assistant flying instructor's rating or an instrument meteorological
conditions rating (aeroplanes) relates unless his licence bears a valid
certificate of test which certificate shall be appropriate to the func-
tions to which the rating relates in accordance with Part C of the
said Schedule and shall otherwise comply with that Part.

(6) A person who, on the last occasion when he took a test for
the purposes of paragraph (4) or (5) of this Article, failed that test
shall not be entitled to fly in the capacity for which that test would
have qualified him had he passed it.
(7)(a) The holder of a licence, other than a flight radiotele-
phony operator's licence, granted under this Article shall
not be entitled to perform any of the functions to which his
licence relates unless it includes a valid medical certificate.
(b)Every applicant for or holder of such a licence shall upon
such occasions as the Governor may require submit himself
to medical examination by a person approved by the
Governor either generally or in a particular case who shall
make a report to the Governor in such form as the Gover-
nor may require.
(c)Where the medical examination referred to in sub-
paragraph (b) of this paragraph has been conducted in the
Territory, the Governor or any person approved by him
as competent to do so may, on the basis thereof, issue a
medical certificate subject to such conditions as he thinks
fit to the effect that he has assessed the holder of the licence
as fit to perform the functions to which the licence relates.
The certificate shall, without prejudice to paragraph (8) of
this Article, be valid for such period as is therein specified
and shall be deemed to form part of the licence.
(d)Where the medical examination is conducted outside the
Territory the person conducting the examination shall, in
addition to making a report to the Governor, issue a cer-
tificate certifying, if such is, in his opinion, the case, that
the holder of the licence is fit to perform the functions to
which the licence relates and the said certificate may be
deemed by the Governor to be a medical certificate for the
purposes of this Article, and if so shall be valid for such
period as may be specified therein in writing by the person
conducting the examination.

(8)(a) A person shall not be entitled to act as a member of
the fight crew of an aircraft registered in the Territory if
he knows or has reason to believe that his physical or





mental condition renders him temporarily or permanently
unfit to perform such functions or to act in such capacity.

(b)Every holder of a medical certificate issued under Article 19 or
20 who

(i) suffers any personal injury involving incapacity to
undertake his functions as a member of the flight crew; or

(ii) suffers any illness involving incapacity to undertake
those functions throughout a period of 20 days or more; or

(iii) in the case of a woman, has reason to believe that she is
pregnant,

shall inform the Governor in writing of such injury, illness or pregnancy,
as soon as possible in the case of injury or pregnancy, and as soon as
the period of 20 days has elapsed in the case of illness. The medical
certificate shall be deemed to be suspended upon the occurrence of
such injury or the elapse of such period of illness or the confirmation of
the pregnancy, and

(aa) in the case of injury or illness the suspension shall cease upon
the holder being medically examined under arrangements
made by the Governor and pronounced fit to resume his
functions as a member of the flight crew or upon the Governor
exempting, subject to such conditions as he thinks fit, the
holder from the requirement of a medical examination; and

(bb) in the case of pregnancy, the suspension may be lifted by the
Governor for such period and subject to such conditions as
he thinks fit and shall cease upon the holder being medically
examined under arrangements made by the Governor after the
pregnancy has ended and pronounced fit to resume her
functions as a member of the flight crew.(a)

(9) Nothing in this Order shall prohibit the holder of a pilot's licence
from acting as pilot of an aircraft having a maximum total weight
authorized not exceeding 5,700 kg. when, with the permission of the
Governor, he is testing any person for the purposes of paragraph (1),
(2), (4) or (5) of this Article, notwithstanding that the type of aircraft in
which the test is conducted is not specified in the aircraft rating
included in his licence or that the licence or personal flying log book as
the case may be, does not include a valid certificate of test or a valid
certificate of experience in respect of the type of aircraft.

(10) Where any provision of Part C of Schedule 9 or Part B of
Schedule 11 to this Order permits a test to be conducted in a flight
simulator approved by the Governor, that approval may be granted
subject to such conditions as the Governor thinks fit.

(a) Amended, S.I. 1978 No. 1520. (L.N. 83180)





21. The Governor may issue a certificate of validation rendering
valid for the purposes of this Order any licence as a member of the
flight crew of aircraft granted under the law of any country other
than the Territory. A certificate of validation may be issued subject
to such conditions and for such periods as the Governor thinks fit.

22. Every member of the flight crew of an aircraft registered in
the Territory and every person who engages in flying for the purpose
of qualifying for the grant or renewal of a licence under this Order
shall keep a personal flying log book in which the following partic-
ulars shall be recorded:

The name and address of the holder of the log book.

Particulars of the holder's licence (if any) to act as a member
of the flight crew of an aircraft.

The name and address of his employer (if any).

Particulars of all flights made as a member of the flight
crew of an aircraft, or while flying for the purpose of qualifying
for the grant or renewal of a licence under this Order, as the
case may be, including-

(a)the date, duration and places of arrival and depar-
ture of each flight;
(b) the type and registration marks of the aircraft;
(c) the capacity in which the holder acted in flight;
(d)particulars of any special conditions under which the
flight was conducted, including night flying and in-
strument flying;
(e)particulars of any test or examination undertaken
whilst in flight.

Particulars of any test or examination undertaken whilst in
a flight simulator, including-
(a) the date of the test or examination;
(b) the type of simulator;
(c) the capacity in which the holder acted;
(d) the nature of the test or examination.

23. (1) A person shall not give any instruction in flying to
which this Article applies unless-
(a)he holds a licence, granted or rendered valid under this
Order, entitling him to act as pilot in command of the
aircraft for the purpose and in the circumstances under
which the instruction is to be given; and
(b)his licence includes a flying instructor's rating or an assist-
ant flying instructor's rating entitling the holder to give
the instruction.





(2) This Article applies to instruction in flying given to any person
flying or about to fly a flying machine or glider for the purpose of
becoming qualified for (a)

(a) the grant of a pilot's licence;

(b) the inclusion or variation of any rating in his licence:

Provided that this Article shall not apply to any instruction in
flying given to a person for the purpose of becoming qualified for the
inclusion in his licence of an aircraft rating entitling him to act as pilot of
a multi-engined aircraft or of an aircraft of any class appearing in column
4 of the Table in Part A of Schedule 1 to this Order if that person has
previously been entitled under this Order, or qualified in any of Her
Majesty's naval, military or air forces, to act as pilot of multi-engined
aircraft, or of an aircraft of that class as the case may be.

24. A person under the age of 16 years shall not act as pilot in
command of a glider.

PART V

OPERATION OF AIRCRAFT

25. (1) This Article shall apply to public transport aircraft registered
in the Territory except aircraft used for the time being solely for flights
not intended to exceed 60 minutes in duration, which are either

(a)flights solely for training persons to perform duties in an
aircraft; or

(b) flights intended to begin and end at the same aerodrome.

(2)(a) The operator of every aircraft to which this Article applies
shall

(i) make available to each member of his operating staff an
operations manual, and

(ii) ensure that each copy of the operations manual is kept up
to date, and

(iii) ensure that on each flight every member of the crew has
access to a copy of every part of the operations manual
which is relevant to his duties on the flight.

(b)Each operations manual shall contain all such information and
instructions as may be necessary to enable the operating staff
to perform their duties as such including in particular
information and instructions relating to the matters' specified in
Part A of Schedule 11 to this Order:

(a) Amended, S.I. 1978 No. 1520. (L.N. 83180)





Provided that the operations manual shall not be required
to contain any information or instructions available in a flight
manual accessible to the persons by whom the information or
instructions may be required.

(3)(a) An aircraft to which this Article applies shall not fly
unless, not less than 30 days prior to such flight, the operator
of the aircraft has furnished to the Governor a copy of the
whole of the operations manual for the time being in effect in
respect of the aircraft.

(b)Any amendments or additions to the operations manual shall
be furnished to the Governor by the operator before or
immediately after they come into effect:

Provided that where an amendment or addition relates to
the operation of an aircraft to which the operations manual did
not previously relate, that aircraft shall not fly for the purpose
of public transport until the amendment or addition has been
furnished to the Governor.

(c)Without prejudice to the foregoing sub-paragraphs the
operator shall make such amendments or additions to the
operations manual as the Governor may require for the
purpose of ensuring the safety of the aircraft or of persons or
property carried therein or the safety, efficiency or regularity
of air navigation.

(4) For the purposes of this Article Article 39A of and Schedule 11
to this Order 'operating staff' means the servants and agents employed
by the operator, whether or not as members of the crew of the aircraft, to
ensure that the flights of the aircraft are conducted in a safe manner, and
includes an operator who himself performs those functions.(a)

(5) If in the course of a flight on which the equipment specified in
Scale 0 in paragraph 5 of Schedule 5 hereto is required to be provided
the said equipment becomes unserviceable, the aircraft shall be operated
en the remainder of that flight in accordance with any relevant
instructions in the operations manual.

26. (1) The operator of every aircraft registered in the Territory and
flying for the purpose of public transport shall:

(a)make a training manual available to every person appointed by
the operator to give or to supervise the training, experience,
practice or periodical tests required under Article 27(2) of this
Order; and

(b)ensure that each copy of that training manual is kept up to
date.

(2) Each training manual shall contain all such information and
instructions as may be necessary to enable a person appointed

(a) Amended, S.I. 1978 No. 1520. (L.N. 83180)





by the operator to give or to supervise the training, experience, practice
and periodical tests required under Article 27(2) of this Order to perform
his duties as such including in particular information and instructions
relating to the matters specified in Part C of Schedule 11 to this Order.

(3)(a) An aircraft to which this Article applies shall not fly
unless, not less than 30 days prior to such flight the operator
of the aircraft has furnished to the Governor a copy of the
whole of his training manual relating to the crew of that
aircraft.

(b)Any amendments or additions to the training manual shall be
furnished to the Governor by the operator before or
immediately after they come into effect:

Provided that where an amendment or addition relates to
training, experience, practice or periodical tests on an aircraft
to which the training manual did not previously relate, that
aircraft shall not fly for the purpose of public transport until
the amendment or addition has been furnished to the
Governor.

(c)Without prejudice to the foregoing sub-paragraphs the
operator shall make such amendments or additions to the
training manual as the Governor may require for the purpose
of ensuring the safety of the aircraft or of persons or property
carried therein or the safety, efficiency or regularity of air
navigation.

.27. (1) The operator of an aircraft registered in the Territory shall
not permit the aircraft to fly for the purpose of public transport without
first

(a)designating from among the flight crew a pilot to be the
commander of the aircraft for the flight; and

(b)satisfying himself by every reasonable means that the
aeronautical radio stations and navigational aids serving the
intended route or any planned diversion therefrom are
adequate for the safe navigation of the aircraft; and

(c)satisfying himself by every reasonable means that the
aerodromes at which it is intended to take-off or land and any
alternate aerodrome at which a landing may be made are
suitable for the purpose and in particular are adequately
manned and equipped (including such manning and
equipment as is specified in Regulation 12 in Schedule 15 to
this Order) to ensure the safety of the aircraft and its
passengers:

Provided that the operator of the aircraft shall not be required to
satisfy himself as to the adequacy of fire-fighting, search, rescue or
other services which are required only after the occurrence of an
accident.





(2) The operator of an aircraft registered in the Territory shall not
permit any person to be a member of the crew thereof during any flight
for the purpose of public transport (except a flight for the sole purpose
of training persons to perform duties in aircraft) unless such person has
had the training, experience, practice and periodical tests specified in
Part B of Schedule 11 to this Order in respect of the duties which he is to
perform and unless the operator has satisfied himself that such person is
competent to perform his duties, and in particular to use the equipment
provided in the aircraft for that purpose. The operator shall maintain,
reserve, produce and furnish information respecting records relating to
the foregoing matters in accordance with Part B of the said Schedule 11.

(3) The operator of an aircraft registered in the Territory shall not
permit any member of the flight crew thereof, during any flight for the
purpose of the public transport of passengers, to simulate emergency
manoeuvres and procedures which the operator has reason to believe
will adversely affect the flight characteristics of the aircraft.

28. (1) The operator of an aircraft registered in the Territory shall
not cause or permit it to be loaded for a flight for the purpose of public
transport, or any load to be suspended therefrom except under the
supervision of a person whom he has caused to be furnished with
written instructions as to the distribution and securing of the load so as
to ensure that

(a) the load may safely be carried on the flight, and

(b)any conditions subject to which the certificate of airworthiness
in force in respect of the aircraft was issued or rendered valid,
being conditions relating to the loading of the aircraft, are
complied with.

(2) The instructions shall indicate the weight of the aircraft prepared
for service that is to say the aggregate of the weight of the aircraft
(shown in the weight schedule referred to in Article 16 of this Order) and
the weight of such additional items in or on the aircraft as the operator
thinks fit to include; and the instructions shall indicate the additional
items included in the weight of the aircraft prepared for service, and shall
show the position of the centre of gravity of the aircraft at that weight:

Provided that this paragraph shall not apply in relation to a flight if-

(a)the aircraft's maximum total weight authorized does not exceed
1,150 kg.; or

(b)the aircraft's maximum total weight authorized does not exceed
2,730 kg. and the flight is intended not to exceed 60 minutes in
duration and is either

(i) a flight solely for training persons to perform duties in an
aircraft; or





(ii) a flight intended to begin and end at the same
aerodrome;

(c)the aircraft is a helicopter the maximum total weight authorised
of which does not exceed 3,000 kg., and the total seating
capacity of which does not exceed five persons(a)

(3) The operator of an aircraft shall not cause or permit it to be
loaded in contravention of the instructions referred to in paragraph (1)
of this Article.

(4) The person supervising the loading of the aircraft shall, before
the commencement of any such flight, prepare and sign a load sheet in
duplicate conforming to the requirements specified in Regulation 1 in
Schedule 15 to this Order, and shall (unless he is himself the commander
of the aircraft) submit the load sheet for examination by the commander
of the aircraft who shall sign his name thereon:

Provided that the foregoing requirements of this paragraph shall
not apply if

(a)the load and the distributing and securing thereof upon the
next intended flight are to be unchanged from the previous
flight and the commander of the aircraft makes and signs an
endorsement to that effect upon the load sheet for the
previous flight, indicating the date of the endorsement, the
place of departure upon the next intended flight and the next
intended place of destination; or

(b)paragraph (2) of this Article does not apply in relation to the
flight.

(5) One copy of the load sheet shall be carried in the aircraft when
Article 54 of this Order so requires until the flights to which it relates
have been completed and one copy of that load sheet and of the
instructions referred to in this Article shall be preserved by the operator
until the expiration of a period of 6 months thereafter and shall not be
carried in the aircraft:

Provided that in the case of a helicopter, if in all the circumstances
it is not reasonably practicable for the copies of the load sheet and
instructions to be kept elsewhere than in the helicopter, they may be
carried in the helicopter in a box approved by the Governor for that
purpose.(a)

29. (1) An aircraft registered in the Territory shall not fly for the
purpose of public transport, except for the sole purpose of training
persons to perform duties in aircraft, unless the relevant requirements
specified in Regulations 3 to 8 inclusive in Schedule 15 to this Order in
respect of its weight and related performance are complied with.

(a) Added, S.I. 1978 No. 1520. (L.N. 83180)





(2) The assessment of the ability of an aircraft to comply with
paragraph (1) of this Article shall be based on the information as to its
performance contained in the certificate of airworthiness relating to the
aircraft. In the event of the information given therein being insufficient
for that purpose such assessment shall be based on the best
information available to the commander of the aircraft.

(3) A flying machine registered in the Territory when flying over
water for the purpose of public transport shall fly, except as may be
necessary for the purpose of take-off or landing, at such an altitude as
would enable the aircraft

(a)if it has one engine only, in the event of the failure of that
engine;

(b)if it has more than one engine, in the event of the failure of one
of those engines and with the remaining engine or engines
operating within the maximum continuous power conditions
specified in the certificate of airworthiness relating to the
aircraft,

to reach a place at which it can safely land at a height sufficient to
enable it to do so.

(4) Without prejudice to the provisions of paragraph (3) of this
Article, an aeroplane in respect of which there is in force under this
Order a certificate of airworthiness designating the aeroplane as being of
performance group X shall not fly over water for the purpose of public
transport so as to be more than 60 minutes flying time from the nearest
shore, unless the aeroplane has more than two power units. For the
purposes of this paragraph, flying time shall be calculated at normal
cruising speed with one power unit inoperative.

(5) Without prejudice to the provisions of paragraph (3) of this
Article a helicopter, in respect of which there is in force under this Order
a certificate of airworthiness designating the helicopter as being of
performance Group B shall not fly over water for the purpose of public
transport so as to be more than 20 seconds flying time from a point from
which it can make an autorotative descent to land suitable for an
emergency landing unless it is equipped with apparatus approved by the
Governor enabling it to land safely on water but shall not so fly on any
flight for more than three minutes except with the permission in writing
of the Governor and in accordance with any conditions subject to which
that permission may have been given. For the purpose of this
subparagraph flying time shall be calculated on the assumption that the
helicopter is flying in still air at the speed specified in the certificate of
airworthiness in force in respect of the helicopter as the speed for
compliance with regulations governing flights over water.(a)

(a) Added, S.I. 1978 No. 1520. (L.N. 83180)





(6) Without prejudice to the provisions of paragraph (3) of this
Article, a helicopter in respect of which there is in force under this Order
a certificate of airworthiness designating the helicopter as being of
performance Group A2 shall not fly over water for the purpose of public
transport for more than 15 minutes during any flight unless it is
equipped with apparatus approved by the Governor enabling it to land
safely on water.(a)

30.(1) (a) The operator of every aircraft to which Article 25 of this
Order applies shall establish and include in the operations
manual relating to the aircraft particulars of aerodrome
operating minima appropriate to every aerodrome of intended
departure or landing and every alternate aerodrome:

Provided that in relation to any flight wherein it is not
practicable to include such information in the operations
manual the operator of the said aircraft shall, prior to the
commencement of the flight, cause to be furnished, in writing,
to the commander of the aircraft particulars of the aerodrome
operating minima appropriate to every aerodrome of intended
departure or landing and every alternate aerodrome and
calculated in accordance with the specified method; and the
operator shall cause a copy of the said particulars to be
retained outside the aircraft for a minimum period of 3 months.

(b)The operator of every such aircraft shall include in the
operations manual relating to that aircraft such data and
instructions as will enable the commander of the aircraft to
calculate aerodrome operating minima appropriate to
aerodromes the use of which could not reasonably have been
foreseen by the operator prior to the commencement of the
flight.

(2) The aerodrome operating minima specified shall not, in respect
of -any aerodrome, be less favourable than any declared in respect of
that aerodrome by the competent authority, unless that authority
otherwise permits in writing.

(3) In establishing aerodrome operating minima for the purposes of
this Article the operator of the aircraft shall take into account the
following matters

(a)the type and performance and handling characteristics of the
aircraft and any relevant conditions in its certificate of
airworthiness; and

(b) the composition of its crew; and

(c)the physical characteristics of the relevant aerodrome and its
surroundings; and

(a) Added, S.I. 1978 No. 1520. (L.N. 83180)





(d)the dimensions of the runways which may be selected for
use; and
(e)whether or not there are in use at the relevant aerodrome
any aids, visual or otherwise, to assist aircraft in approach,
landing or take-off, being aids which the crew of the aircraft
are trained and equipped to use; the nature of any such
aids that are in use; and the procedures for approach,
landing and take-off which may be adopted according to
the existence or absence of such aids;
and shall establish in relation to each runway which may be selected
for use aerodrome operating minima appropriate to each set of
circumstances which can reasonably be expected.

(4) An aircraft of which Article 25 of this Order applies shall
not commence a flight at a time when-
(a)the cloud ceiling or the runway visual range at the aero-
drome of departure is less than the relevant minimum
specified for take-off; or
(b)according to the information available to the commander
of the aircraft it would not be able, without contravening
paragraph (5) of this Article, to commence or continue an
approach to landing at the aerodrome of intended destina-
tion at the estimated time of arrival there and at any
alternate aerodrome at any time at which according to a
reasonable estimate the aircraft would arrive there.

(5) An aircraft to which Article 25 of this Order applies shall
not-
(a)commence or continue an approach to landing at any aero-
drome if the runway visual range at that aerodrome is at
the time less than the specified minimum for landing: except
that an approach to landing may be continued if, when the
commander of the aircraft receives information that the
runway visual range is less than the specified minimum for
landing-
(i) the aircraft is below the specified decision height, and
(ii) the specified visual reference has been established at
the decision height and is maintained, and
(iii) the approach to landing has, at least until the
specified visual reference has been established, been made
by use of an instrument landing system notified for the
purpose of this Order; or
(b)continue an approach to landing at any aerodrome by
flying below the specified decision height unless from that
height the specified visual reference for landing is es-
tablished and is maintained.

(6) If, according to the information available, an aircraft would
as regards any flight be required by the Rules of the Air and Air
Traffic Control to be flown in accordance with the Instrument Flight





Rules at the aerodrome of intended landing, the commander of the
aircraft shall select prior to take-off an alternate aerodrome unless
no aerodrome suitable for that purpose is available.

(7) In this Article 'specified' in relation to an aircraft means
specified by the operator in, or ascertainable by reference to, the
operations manual relating to that aircraft.

31. (1) A public transport aircraft registered in a country
other than the Territory shall not fly in or over the Territory unless
the operator thereof shall have furnished to the Governor such
particulars as he may from time to time have required relating to
the aerodrome operating minima specified by the operator in relation
to aerodromes in the Territory for the purpose of limiting their use
by the aircraft for take-off or landing, including any instructions
given by the operator in relation to such aerodrome operating
minima. The aircraft shall not fly in or over the Territory unless
the operator shall have made such amendments or additions to the
aerodrome operating minima so specified and any instructions so
given as the Governor may require for the purpose of ensuring the
safety of the aircraft or the safety, efficiency or regularity of air
navigation.

(2) The aircraft shall not begin or end a flight at an aerodrome
in the Territory in contravention of the aerodrome operating minima
so specified in relation to that aerodrome or of the instructions
referred to in paragraph (1) of this Article.

(3) Without prejudice to the provisions of paragraph (2) of
this Article, a public transport aircraft registered in a country other
than the Territory shall not-

(a)commence or continue an approach to landing at any aero-
drome in the Territory if the runway visual range at that
aerodrome is at the time less than the specified minimum
for landing: except that an approach to landing may be
continued if, when the commander of the aircraft receives
information that the runway visual range is less than the
specified minimum for landing-

(i) the aircraft is below the specified decision height, and
(ii) the specified visual reference has been established at
the decision height and is maintained, and
(iii) the approach to landing has, at least until the
specified visual reference has been established, been made
by use of an instrument landing system notified for the
purpose of this Order; or

(b)continue an approach to landing at any aerodrome in the
Territory by flying below the specified decision height
unless from that height the specified visual reference is
established and is maintained.





(4) In this Article 'specified' in relation to an aircraft means
specified by the operator in, or ascertainable by reference to, the
operations manual relating to that aircraft.

32. The commander of an aircraft registered in the Territory shall
satisfy himself before the aircraft takes off

(a)that the flight can safely be made, taking into account the
latest information available as to the route and aerodromes to
be used, the weather reports and forecasts available, and any
alternative course of action which can be adopted in case the
flight cannot be completed as planned;

(b)that the equipment (including radio apparatus) required by or
under this Order to be carried in the circumstances of the
intended flight is carried and is in a fit condition for use;

(c)that the aircraft is in every way fit for the intended flight, and
that where certificates of maintenance or certificates of release
are required by Article 9(1) or Article 10(1) respectively of this
Order to be in force, they are in force and will not cease to be
in force during the intended flight;

(d)that the load carried by the aircraft is of such weight, and is so
distributed and secured, that it may safely be carried on the
intended flight;

(e)in the case of a flying machine or airship, that sufficient fuel,
oil and engine coolant (if required) are carried for the intended
flight, and that a safe margin has been allowed for
contingencies, and, in the case of a flight for the purpose of
public transport, that the instructions in the operations manual
relating to fuel, oil and engine coolant have been complied
with;

in the case of an airship or balloon, that sufficient ballast is
carried for the intended flight;

(g)in the case of a flying machine, that, having regard to the
performance of the flying machine in the conditions to be
expected on the intended flight, and to any obstructions at the
places of departure and intended destination and on the
intended route, it is capable of safely taking off, reaching and
maintaining a safe height thereafter, and making a safe landing
at the place of intended destination;

(h)that any pre-flight check system established by the operator
and set forth in the operations manual or elsewhere has been
complied with by each member of the crew of the aircraft.

33. (1) The commander of an aircraft registered in the Territory,
being a flying machine or glider, shall cause one pilot to remain at the
controls at all times while the aircraft is in flight. If the aircraft is required
by or under this Order to carry two pilots, the commander shall cause
both pilots to remain at the controls





during take-off and landing. If the aircraft carries two or more pilots
(whether or not it is required to do so) and is engaged on a flight for the
purpose of the public transport of passengers the commander shall
remain at the controls during take-off and landing.

(2) Each pilot at the controls shall be secured in his seat by either a
safety belt with or without one diagonal shoulder strap, or a safety
harness except that during take-off and landing a safety harness shall
be worn if it is required by Article 13 of this Order to be provided. (a)

34. (1) This Article applies to flights for the purpose of the public
transport of passengers by aircraft registered in the Territory.

(2) In relation to every flight to which this Article applies the
commander of the aircraft shall

(a)-before the aircraft takes off, take all reasonable steps to
ensure that all passengers are made familiar with the position
and method of use of emergency exits, safety belts, safety
harnesses, oxygen equipment and lifejackets, and all other
devices required by or under this Order and intended for use
by passengers individually in case of an emergency occurring
to the aircraft:

Provided that in relation to lifeJackets this requirement
may, except in the case of a seaplane, be complied with at any
time before the aircraft, reaches a point beyond gliding
distance from land;

(b)if the aircraft is not a seaplane but is intended in the course of
the flight to reach a point more than 30 minutes flying time
(while flying in still air at the speed specified in the relevant
certificate of airworthiness as the speed for compliance with
regulations governing flights over water) from the nearest
land, take all reasonable steps to ensure that before that point
is reached, all passengers are given a practical demonstration
of the method of use of the lifejackets required by or under
this Order for the use of passengers;

(c)if the aircraft is a seaplane, take all reasonable steps to ensure
that before the aircraft takes off all passengers are given a
practical demonstration of the method of use of the equipment
referred to in the preceding sub-paragraph;

(d)before the aircraft takes off, and before it lands, take all
reasonable steps to ensure that the crew of the aircraft are
properly secured in their seats and that any persons carried in
compliance with Article 18(7) of this Order are properly
secured in seats which shall be in a passenger compartment
and which shall be so situated that those persons can readily
assist passengers;

(a) Replaced, S.I. 1978 No. 1520. (L.N. 83180)





(e)before the aircraft takes off, and before it lands, and when-
ever by reason of turbulent air or any emergency occurring
during flight he considers the precaution necessary, take all
reasonable steps to ensure that all passengers are properly
secured in their seats by safety belts or safety harnesses;
(f)in an emergency, take all reasonable steps to ensure that
all passengers are instructed in the emergency action which
they should take;
(g)except in a case where a pressure greater than 700 millibars
is maintained in all passenger and crew compartments
throughout the flight, take all reasonable steps to ensure
that-
(i) before the aircraft reaches flight level 130 the method
of use of the oxygen provided in the aircraft in compliance
with the requirements of Article 13 of this Order is demon-
strated to all passengers;
(ii) on reaching such altitude all passengers are recom-
mended to use oxygen;
(iii) during any continuous period exceeding 30 minutes
when the aircraft is flying above flight level 100 but not
above flight level 130, and whenever the aircraft is flying
above flight level 130, oxygen is used by all the crew of
the aircraft.

35. (1) The radio station in an aircraft shall not be operated,
whether or not the aircraft is in flight, except in accordance with
the conditions of the licence issued in respect of that station under
the law of the country in which the aircraft is registered, and by a
person duly licensed or otherwise permitted to operate the radio
station under that law.

(2) Whenever an aircraft is in flight in such circumstances that
it is required by or under this Order to be equipped with radio
communications apparatus, a continuous radio watch shall be
maintained by a member of the flight crew listening to the signals
transmitted upon the frequency notified, or designated by a message
received from an appropriate aeronautical radio station, for use by
that aircraft:

Provided that-
(a)the radio watch may be discontinued or continued on
another frequency to the extent that a message as afore-
said so permits; and
(b)the watch may be kept by a device installed in the aircraft
if-
(i) the appropriate aeronautical radio station has been
informed to that effect and has raised no objection; and
(ii) that station is notified, or in the case of a station
situated in a country other than the Territory, otherwise
designated as transmitting a signal suitable for that purpose.





(3) The radio station in an aircraft shall not be operated so as to
cause interference which impairs the efficiency of aeronautical
telecommunications or navigational services, and in particular emissions
shall not be made except as follows:

(a)emissions of the class and frequency for the time being in use,
in accordance with general international aeronautical practice,
in the airspace in which the aircraft is flying;

(b)distress, urgency and safety messages and signals, in
accordance with general international aeronautical practice;

(c)messages and signals relating to the flight of the aircraft, in
accordance with general international aeronautical practice;

(d)such public correspondence messages as may be permitted by
or under the aircraft radio station licence referred to in
paragraph (1) of this Article.

(4) In every aircraft registered in the Territory which is equipped
with radio communication apparatus a telecommunication log book shall
be kept in which the following entries shall be made:

(a) the identification of the aircraft radio station;

(b)the date and time of the beginning and end of every radio
watch maintained in the aircraft and of the frequency on which
it was maintained;

(c)the date and time, and particulars of all messages and signals
sent or received, including in particular details of any distress
signals or distress messages sent or received;

(d)particulars of any action taken upon the receipt of a distress
signal or distress message;

(e)particulars of any failure or interruption of radio
communications and the cause thereof:

Provided that a telecommunication log book shall not be required
to be kept in respect of communication by radiotelephony with a radio
station on land or on a ship which provides a radio service for aircraft.

(5) The flight radio operator maintaining radio watch shall sign the
entries in the telecommunication log book indicating the times at which
he began and ended the maintenance of such watch.

(6) The telecommunication log book shall be preserved by the
operator of the aircraft until a date 6 months after the date of the last
entry therein.

(7) In any flying machine registered in the Territory which is
engaged on a flight for the purpose of public transport the pilot and the
flight engineer (if any) shall not make use of a hand-held microphone
(whether for the purpose of radio communication or of
intercommunication within the aircraft) whilst the aircraft is flying in
controlled airspace below flight level 150 or is taking off or landing.





35A. An aircraft registered in the Territory shall not fly in airspace
prescribed for the purposes of this Article by Regulation 15 of Schedule
15 to this Order unless

(a)it is equipped with navigation systems which enable the
aircraft to maintain the prescribed navigation performance
capability; and

(b)the navigation systems required by paragraph (a) hereof are
approved by the Governor and installed and maintained in a
manner approved by the Governor; and

(c)the operating procedures for the navigation systems required
by paragraph (a) hereof are approved by the Governor; and

(d)the equipment is operated in accordance with the approved
procedures while the aircraft is flying in the said airspace.(a)

36. (1) On any flight on which a flight data recorder or a cockpit
voice recorder is required by sub-paragraph 4(4) or (5) of Schedule 5 to
this Order to be carried in an aeroplane, it shall always be in use from the
beginning of the take-off run to the end of the landing run.(b)

(2) The operator of the aeroplane shall at all times, subject to the
provisions of Article 57 of this Order, preserve

(a)the last 25 hours of recording made by any flight data recorder
required by or under this Order to be carried in an aeroplane;
and

(b)a record of not less than one representative flight, that is to
say, a recording of a flight made within the last twelve months
which includes a take-off, climb, cruise, descent approach to
landing and landing, together with a means of identifying the
record with the flight to which it relates;

and shall preserve such records for such period as the Governor may in
a particular case direct.

37. (1) An aircraft in flight shall not tow a glider unless the
certificate of airworthiness issued or rendered valid in respect of the
towing aircraft under the law of the country in which that aircraft is
registered includes an express provision that it may be used for that
purpose.

(2) The length of the combination of towing aircraft, tow rope and
glider in flight shall not exceed 150 metres.

(3) The commander of an aircraft which is about to tow a glider
shall satisfy himself, before the towing aircraft takes off--

(a)that the tow rope is in good condition and is of adequate
strength for the purpose, and that the combination of

(a) Added, S.I. 1978 No. 1520. (L.N. 83/80) (b)
Amended, S.I. 1978 No. 1520. (L.N. 83/80)





towing aircraft and glider is capable of flying in the manner
referred to in Article 32(g) of this Order;

(b)that signals have been agreed and communication established
with persons suitably stationed so as to enable the glider to
take off safely;

(c)that emergency signals have been agreed between the
commander of the towing aircraft and the commander of the
glider, to be used, respectively, by the commander of the
towing aircraft to indicate that the tow should immediately be
released by the glider, and by the commander of the glider to
indicate that the tow cannot be released.

(4) The glider shall be attached to the towing aircraft by means of
the tow rope before the aircraft takes off.

38. (1) Subject to the provisions of this Article, an aircraft in flight
shall not, by means external to the aircraft, tow any article, other than a
glider, or pick up or raise any person, animal or article, unless the
certificate of airworthiness issued or rendered valid in respect of that
aircraft under the law of the country in which the aircraft is registered
includes an express provision that it may be used for that purpose.

(2) An aircraft in flight shall not tow any article, other than a glider,
at night or when flight visibility is less than one nautical mile.

(3) The length of the combination of towing aircraft, tow rope, and
article in tow, shall not exceed 150 metres.

(4) A helicopter shall not fly at any height over a congested area of
a city, town or settlement at any time when any article, person or animal
is suspended from the helicopter.

(4A) A passenger shall not be carried in a helicopter at any time
when an article, person or animal is suspended therefrom other than a
passenger who has duties to perform in connection with the article,
person or animal. (a)

(5) Nothing in this Article shall-

(a)prohibit the towing in a reasonable manner by an aircraft in
flight of any radio aerial, any instrument which is being used
for experimental purposes, or any signal, apparatus or article
required or permitted by or under this Order to be towed or
displayed by an aircraft in flight;

(b)prohibit the picking up or raising of any person, animal or
article in an emergency or for the purpose of saving life;

(c)apply to any aircraft while it is flying in accordance with the
'B Conditions' set forth in Schedule 2 to this Order;

(d)be taken to permit the towing or picking up of a glider
otherwise than in accordance with Article 37 of this Order.

(a) Added, S.I. 1978 No. 1520. (L.N. 83180)





39. (1) Except under and in accordance with the terms of an aerial
application certificate granted under Article 39A of this Order articles
and animals (whether or not attached to a parachute) shall not be
dropped, or permitted to drop, from an aircraft in flight so as to
endanger persons or property.(a)

(2) Articles, animals and person (whether or not attached to a
parachute) shall not be dropped, or permitted to drop, to the surface
from an aircraft flying over the Territory:

Provided that this paragraph shall not apply to the descent of
persons by parachute from an aircraft in an emergency, or to the
dropping of articles by, or with the authority of, the commander of the
aircraft in any of the following circumstances:

(a) the dropping of articles for the purpose of saving life;

(b)the jettisoning, in case of emergency, of fuel or other articles in
the aircraft;

(c) the dropping of ballast in the form of fine sand or water;

(d)the dropping of articles solely for the purpose of navigating
the aircraft in accordance with ordinary practice or with the
provisions of this Order;

(e)the dropping at an aerodrome in accordance with prescribed
regulations of ropes, banners, or similar articles towed by
aircraft;

(f)the dropping of articles for the purposes of public health or as
a measure against weather conditions, surface icing or oil
pollution, or for training for the dropping of articles for any
such purposes, if the articles are dropped with the permission
of the Governor and in accordance with any conditions subject
to which that permission may have been given.(a)

(3) For the purposes of this Article dropping includes projecting
and lowering.

(4) Nothing in this Article shall prohibit the lowering of any person,
animal or article from a helicopter to the surface, if the certificate of
airworthiness issued or rendered valid in respect of the helicopter under
the law of the country in which it is registered includes an express
provision that it may be used for that purpose.

39A. (1) On or after 1 December 1978 an aircraft shall not be used
for the dropping of articles for the purposes of agriculture, horticulture
or forestry or for training for the dropping of articles for any of such
purposes, otherwise than under and in accordance with the terms of an
aerial application certificate granted to the operator of the aircraft under
paragraph (2) of this Article.

(a) Ammded, S.I. 1978 No. 1520. (L.N. 83180)





(2) The Governor may grant to any person applying therefor an
aerial application certificate if he is satisfied that that person is a fit
person to hold the certificate and is competent, having regard in
particular to his previous conduct and experience, his equipment,
organization, staffing and other arrangements, to secure the safe
operation of the aircraft specified in the certificate on flights for the
purposes specified in paragraph (1) of this Article. The certificate may
be granted subject to such conditions as the Governor thinks fit
including, without prejudice to the generality of the foregoing,
conditions for ensuring that the aircraft and any article dropped from it
does not endanger persons or property in the aircraft or elsewhere, and
shall, subject to the provisions of Article 58 of this Order, remain in
force for the period specified in the certificate.

(3) Every applicant for and holder of an aerial application certificate
shall make available to the Governor upon application and to every
member of his operating staff upon the certificate being granted an aerial
application manual which shall contain all such information and
instructions as may be necessary to enable the operating staff to
perform their duties as such. The holder of a certificate shall make such
amendments of or additions to the manual as the Governor may require.

(4) For the purposes of this Article 'operating staff has the
meaning ascribed to it in Article 25(4) of this Order.(a)

40. (1) An aircraft shall not carry any munitions of war.

(2) It shall be unlawful for any person to take or cause to be taken
on board an aircraft, or to deliver or cause to be delivered for carriage
thereon, any goods which he knows or has reason to believe or suspect
to be M. munitions of war.

(3) For the purposes of this Article -munitions of war- means such
weapons and ammunition as are designed for use in warfare or against
the person, including parts designed for such weapons and
ammunition.(b)

(4) Without prejudice to paragraphs (1) and (2) of this Article, it
shall be unlawful for a person to carry or have in his charge any
weapon on board an aircraft registered in the Territory:

Provided that a weapon, not being a munition of war, may be
carried as passenger's baggage if it is stowed in a part of the aircraft
inaccessible to passengers and if, in the case of a firearm, it is not
loaded.

(5) Nothing in this Article shall apply to weapons or ammunition
taken or carried on board an aircraft registered in a country other than in
the Territory, if the weapons or ammunition, as the

(a) Added, S.I. 1978 No. 1520. (L.N. 83/80) (b)
Replaced, S.I. 1978 No. 1520. (L.N. 83/80)





case may be, may under the law of the country in which the aircraft is
registered be lawfully taken or carried on board for the purpose of
ensuring the safety of the aircraft or of persons on board.

41. (1) Dangerous goods shall not be carried in an aircraft except as
follows:

(a)goods carried in accordance with any regulations which the
Governor may make to permit dangerous goods to be carried
either in aircraft generally or in aircraft of any class specified in
the regulations;

(b)goods carried with the written permission of the Governor, and
in accordance with any conditions to which such permission
may be subject;

(c)goods carried in aircraft with the consent of the operator
thereof for the purpose of ensuring the proper navigation or
safety of the aircraft or the well-being of any person on board;

(d)goods permitted to be carried under the laws of the country in
which the aircraft is registered, if there is in force in relation to
such country an agreement between Her Majesty's
Government in the United Kingdom and the Government of
that country permitting the carriage of dangerous goods within
the Territory in aircraft registered in that country.

(2) Dangerous goods permitted by or under this Order to be carried
in an aircraft shall not be loaded as cargo therein unless

(a)the consignor of the goods has furnished the operator of the
aircraft with particulars in writing of the nature of the goods
and the danger to which they give rise; and

(b)the goods or any container in which they are packed are
clearly marked so as to indicate that danger to the person
loading the goods in the aircraft.

The operator of the aircraft shall, before the flight begins inform
the commander of the aircraft of the identity of the goods the danger to
which they give rise and the weight or quantity of the goods.

(3) It shall be unlawful for any person to take or cause to be taken
on board an aircraft, or to deliver or cause to be delivered for loading
thereon, any goods which he knows or has reason to believe or suspect
to be dangerous goods the carriage of which is prohibited by this
Article.

(4) The provisions of this Article shall be additional to and not in
derogation from the provisions of Article 40 of this Order.

42. A person shall not be in or on any part of an aircraft in flight
which is not a part designed for the accommodation of persons and in
particular a person shall not be on the wings or undercarriage





of an aircraft. A person shall not be in or on any object, other than a
glider or flying machine, towed by or attached to an aircraft in flight:

Provided that a person may have temporary access to

(a)any part of an aircraft for the purpose of taking action
necessary for the safety of the aircraft or of any person,
animal or goods therein;

(b)any part of an aircraft in which cargo or stores are carried,
being a part which is designed to enable a person to have
access thereto while the aircraft is in flight.

43. (1) This Article shall apply to every public transport aircraft
registered in the Territory.

(2) Whenever an aircraft to which this Article applies is carrying
passengers, every exit therefrom and every internal door in the aircraft
shall be in working order, and during take-off and landing and during
any emergency, every such exit and door shall be kept free of
obstruction and shall not be fastened by locking or otherwise so as to
prevent, hinder or delay its use by passengers:

Provided that

(a)an exit may be obstructed by cargo if it is an exit which, in
accordance with arrangements approved by the Governor
either generally or in relation to a class of aircraft or a
particular aircraft, is not required for use by passengers;

(b)a door between the flight crew compartment and any adjacent
compartment to which passengers have access may be locked
or bolted if the commander of the aircraft so determines, for
the purpose of preventing access by passengers to the flight
crew compartment;

(c)nothing in this paragraph shall apply to any internal door
which is so placed that it cannot prevent, hinder or delay the
exit of passengers from the aircraft in an emergency if it is not
in working order.

(3) Every exit from the aircraft being an exit intended to be used by
passengers in normal circumstances, shall be marked with the word
'Exit' in capital letters and every exit, being an exit intended to be used
by passengers in an emergency only, shall be marked with the words
'Emergency Exit' in capital letters.

(4)(a) Every exit from the aircraft shall be marked with
instructions in English and with diagrams, to indicate the
correct method of opening the exit.

(b)The markings shall be placed on or near the inside surface of
the door or other closure of the exit and, if it is openable from
the outside of the aircraft, on or near the exterior surface.





(5)(a) Every aircraft to which this Article applies, being an aircraft
of which the maximum total weight authorized exceeds 3,600
kg., shall be marked upon the exterior surface of its fuselage
with markings to show the areas (in this paragraph referred to
as 'break-in areas') which can, for purposes of rescue in an
emergency, be most readily and effectively broken into by
persons outside the aircraft.

(b)The break-in areas shall be rectangular in shape and shall be
marked by right-angled corner markings, each arm of which
shall be 10 centimetres in length along its outer edge and 2.5
centimetres in width.

(c)The words 'Cut Here in Emergency' shall be marked across
the centre of each break-in area in capital letters.

(6) The markings required by this Article shall-

(a) be painted, or affixed by other equally permanent means;

(b)be red in colour and, in any case in which the colour of the
adjacent background is such as to render red markings not
readily visible, be outlined in white or some other contrasting
colour in such a manner as to render them readily visible;

(c) be kept at all times clean and unobscured.

(7) If one, but not more than one, exit from an aircraft becomes
inoperative at a place where it is not reasonably practicable for it to be
repaired or replaced, nothing in this Article shall prevent that aircraft
from carrying passengers until it next lands at a place where the exit can
be repaired or replaced:

Provided that

(a)the number of passengers carried and the position of the seats
which they occupy is in accordance with arrangements
approved by the Governor either in relation to the particular
aircraft or to a class of aircraft; and

(b)in accordance with arrangements so approved, the exit is
fastened by locking or otherwise, the words 'Exit' or
'Emergency Exit' are covered, and the exit is marked by a red
disc at least 23 centimetres in diameter with a horizontal white
bar across it bearing the words 'No exitin red letters.

44. A person shall not wilfully or negligently act in a manner likely
to endanger an aircraft, or any person therein.

45. A person shall not wilfully or negligently cause or permit an
aircraft to endanger any person or property.

46. (1) A person shall not enter any aircraft when drunk, or be
drunk in any aircraft.





(2) A person shall not, when acting as a member of the crew of any
aircraft or being carried in any aircraft for the purpose of so acting, be
under the influence of drink or a drug to such an extent as to impair his
capacity so to act.

47. (1) Notices indicating when smoking is prohibited shall be
exhibited in every aircraft registered in the Territory so as to be visible
from each passenger seat therein.

(2) A person shall not smoke in any compartment of an aircraft
registered in the Territory at a time when smoking is prohibited in that
compartment by a notice to that effect exhibited by or on behalf of the
commander of the aircraft.

48. Every person in an aircraft registered in the Territory shall obey
all lawful commands which the commander of that aircraft may give for
the purpose of securing the safety of the aircraft and of persons or
property carried therein, or the safety, efficiency or regularity of air
navigation.

49. A person shall not secrete himself for the purpose of being
carried in an aircraft without the consent of either the operator or the
commander thereof or of any other person entitled to give consent to
his being carried in the aircraft.

PART VI

FATIGUE OF CREW

50. (1) Articles 51 and 52 of this Order apply in relation to any
aircraft registered in the Territory which is either:

(a) engaged on a flight for the purpose of public transport, or

(b) operated by an air transport undertaking:

Provided that the said Articles shall not apply in relation to a flight
made only for the purpose of instruction in flying given by or on behalf
of a flying club or flying school, or a person who is not an air transport
undertaking.

(2) In this Part of this Order, the following expressions shall, except
where the context otherwise requires, have the meanings hereby
respectively assigned to them, that is to say

(a)'flight time', in relation to any person, means all time spent by
that person in an aircraft whether or not registered in the
Territory (other than an aircraft of which the maximum total
weight authorized does not exceed 1,600 kg. and which is not
flying for the purpose of public transport or aerial work) while
it is in flight and he is carried therein as a member of the crew
thereof;

(b)'day' means a continuous period of 24 hours beginning at mid-
night Greenwich Mean Time.





51. (1) The operator of an aircraft to which this Article applies
shall not cause or permit that aircraft to make a flight unless:

(a)he has established a scheme for the regulation of flight
times for every person flying in that aircraft as a member
of its crew; and
(b)the scheme is approved by the Governor subject to such
conditions as he thinks fit; and
(c) either---
(i) the scheme is incorporated in the operations manual
required by Article 25 of this Order; or
(ii) in a case where an operations manual is not required
by that Article, the scheme is incorporated in a document,
a copy of which has been made available to every person
flying in that aircraft as a member of its crew; and

(d)he has taken all such steps as are reasonably practicable
to ensure that the provisions of the scheme will be complied
with in relation to every person flying in that aircraft as a
member of its crew.

(2) The operator of an aircraft to which this Article applies
shall not cause or permit any person to fly therein as a member of
its crew if he knows or has reason to believe that that person is
suffering from, or, having regard to the circumstances of the flight
to be undertaken, is likely to suffer from, such fatigue while he is so
flying as may endanger the safety of the aircraft or of its occupants.

(3) The operator of an aircraft to which this Article applies
shall not cause or permit any person to fly therein as a member of
its flight crew unless the operator has in his possession an accurate
and up-to-date record in respect of that person and in respect of
the 28 days immediately preceding the flight showing-

(a) all his flight times; and
(b)brief particulars of the nature of the functions performed
by him in the course of his flight times.

(4) The record referred to in paragraph (3) of this Article shall,
subject to the provisions of Article 57, be preserved by the operator
of the aircraft until a date 12 months after the flight referred to in
that paragraph.

52. (1) A person shall not act as a member of the crew of an
aircraft to which this Article applies if he knows or has reason to
believe that he is suffering from, or, having regard to the circum-
stances of the flight to be undertaken, is likely to suffer from, such
fatigue as may endanger the safety of the aircraft or of its occupants.

(2) A person shall not act as a member of the flight crew of an
aircraft to which this Article applies unless he has ensured that the
operator of the aircraft is aware of his flight times during the period
of 28 days preceding the flight.





53. A person shall not act as a member of the flight crew of an
aircraft registered in the Territory if at the beginning of the flight the
aggregate of all his previous flight times:

(a)during the period of 28 consecutive days expiring at the end
of the day on which the flight begins exceeds 100 hours; or

(b)during the period of 12 months expiring at the end of the
previous mouth exceeds 900 hours:

Provided that this Article shall not apply to a flight made

(i) in an aircraft of which the maximum total weight authorized
does not exceed 1,600 kg. and which is not flying for the
purposes of public transport or aerial work; or

(ii) in an aircraft not flying for the purpose of public transport nor
operated by an air transport undertaking, if at the time when
the flight begins the aggregate of all the flight times of the
aforesaid person since he was last medically examined and
found fit by a person approved by the Governor for the
purpose of Article 20(7) does not exceed 25 hours.

PART VII

DOCUMENTS AND RECORDS

54. (1) An aircraft shall not fly unless it carries the documents
which it is required to carry under the law of the country in which it is
registered.

(2) An aircraft registered in the Territory shall, when in flight, carry
documents in accordance with Schedule 12 to this Order:

Provided that, if the flight is intended to begin and end at the same
aerodrome and does not include passage over the territory of any
country other than the Territory, the documents may be kept at that
aerodrome instead of being carried in the aircraft.

55. The operator of a public transport aircraft registered in the
Territory shall in respect of any flight by that aircraft during which it
may fly at an altitude of more than 49,000 feet, keep a record in a manner
prescribed of the total dose of cosmic radiation to which the aircraft is
exposed during the flight together with the names of the members of the
crew of the aircraft during the flight.

56. (1) The commander of an aircraft, shall within a reasonable time
after being requested to do so by an authorized person, cause to be
produced to that person

(a)the certificates of registration and airworthiness in force in
respect of the aircraft;

(b) the licences of its flight crew;

(c)such other documents as the aircraft is required by Article 54
of this Order to carry when in flight.

(2) The operator of an aircraft registered in the Territory shall,
within a reasonable time after being requested to do so by an





authorized person, cause to be produced to that person such of the

following documents or records as may have been requested by that
person being documents or records which are required, by or under this
Order, to be in force or to be carried, preserved or made available:

(a)the documents referred to in Schedule 12 to this Order as
Documents A, B and G;

(b)the aircraft log book, engine log books and variable pitch
propeller log books required under this Order to be kept;

(c)the weight schedule, if any, required to be preserved under
Article 16 of this Order;

(d)in the case of a public transport aircraft or aerial work aircraft,
the documents referred to in Schedule 12 to this Order as
Documents D, E, F, H and J;

(e)any records of flight times, duty periods and rest periods which
he is required by Article 51(4) of this Order to preserve, and
such other documents and information in the possession or
control of the operator, as the authorized person may require
for the purpose of determining whether those records are
complete and accurate;

any such operations manuals as are required to be made
available under Article 25(2)(a)(i) of this Order;

(g)the record made by any flight recorder required to be carried by
or under this Order;

(h)the record made from any cosmic radiation detection equipment
together with the record of the names of the members of the
crew of the aircraft which are required to be kept under Article
55 of this Order.

(3)(a) The holder of a licence granted or rendered valid under this
Order shall, within a reasonable time after being requested to do
so by an authorized person, cause to be produced to that
person his licence, including any certificate of validation. The
requirements of this paragraph shall be deemed to have been
complied with, except in relation to licences required by Article
54 of this Order to be carried in the aircraft or kept at an
aerodrome, if the licence requested is produced within five days
after the request has been made at a police station in the
Territory specified, at the time of the request, by the person to
whom the request is made.

(b)The foregoing provisions of this paragraph shall apply to a
medical certificate issued pursuant to Article 19(1)(b)(ii) as
they apply to a licence granted or rendered valid under this
Order.

(4) Every person required by Article 22 of this Order to keep a
personal flying log book shall cause it to be produced within a
reasonable time to an authorized person after being requested to do so
by him within two years after the date of the last entry therein.





57. A person required by this Order to preserve any document or
record by reason of his being the operator of an aircraft shall, if he
ceases to be the operator of the aircraft, continue to preserve the
document or record as if he had not ceased to be the operator, and in
the event of his death the duty to preserve the document or record shall
fall upon his personal representative:

Provided that if

(a)another person becomes the operator of the aircraft and it
remains registered in the Territory he or his personal
representative shall deliver to that other person upon demand
the certificates of maintenance, release and compliance, the log
books and the weight schedule and any record made by a
flight data recorder and preserved in accordance with Article
36(2) of this Order which are in force or required to be
preserved in respect of that aircraft;

(b)an engine or variable pitch propeller is removed from the
aircraft and installed in another aircraft operated by another
person and registered in the Territory he or his personal
representative shall deliver to that other person upon demand
the log book relating to that engine or propeller;

(e)any person in respect of whom a record has been kept by him
in accordance with Article 51(4) of this Order becomes a
member of the flight crew of a public transport aircraft
registered in the Territory and operated by another person he
or his personal representative shall deliver those records to
that other person upon demand,

and it shall be the duty of that other person to deal with the document
or record delivered to him as if he were the first-mentioned operator.

58. (1) The Governor may, if he thinks fit, provisionally suspend or
vary any certificate, licence, approval, permission, exemption,
authorization or other document issued, granted or having effect under
this Order, pending inquiry into or consideration of the case. The
Governor may, on sufficient ground being shown to his satisfaction
after due inquiry, revoke, suspend or vary any such certificate, licence,
approval, permission, exemption, authorization or other document.

(2) The holder or any person having the possession or custody of
any certificate, licence, approval, permission, exemption, authorization or
other document which has been revoked, suspended or varied under
this Order shall surrender it to the Governor within a reasonable time
after being required to do so by him.

(3) The breach ofany condition subject to which any certificate,
licence, approval, permission, exemption, authorization or other
document, other than a licence issued in respect of an aerodrome, has
been granted or issued, or which has effect under this Order shall,





in the absence of provision to the contrary in the document, render the
document invalid during the continuance of the breach.

(4) Notwithstanding paragraph (1) of this Article, a flight manual,
performance schedule or other document incorporated by reference in
the certificate of airworthiness may be varied on sufficient ground being
shown to the satisfaction of the Governor, whether or not after due
inquiry.

59. (1) A person shall not with intent to deceive-

(a)use any certificate, licence, approval, permission exemption,
authorization or other document issued or required by or
under this Order which has been forged, altered, revoked or
suspended, or to which he is not entitled; or

(b)lend any certificate, licence, approval, permission, exemption,
authorization or other document issued or having effect or
required by or under this Order to, or allow it to be used by,
any other person; or

(c)make any false representation for the purpose of procuring for
himself or any other person the grant, issue, renewal or
variation of any such certificate, licence, approval, permission,
exemption, authorization or other document.

(2) A person shall not wilfully mutilate, alter or render illegible any
log book or other record required by or under this Order to be
maintained or any entry made therein, or knowingly make, or procure or
assist in the making of, any false entry in or material omission from any
such log book or record or destroy any such log book or record during
the period for which it is required under this Order to be preserved.

(3) All entries made in writing in any log book or record referred to
in paragraph (2) of this Article shall be made in ink or indelible pencil.

(4) A person shall not wilfully or negligently make in a load sheet
any entry which is incorrect in any material particular, or any material
omission from such a load sheet.

(5) A person shall not purport to issue any certificate for the
purposes of this Order or the regulations made thereunder unless he is
authorized to do so under this Order.

(6) A person shall not issue any such certificate as aforesaid unless
he has satisfied himself that all statements in the certificate are correct.

PART VIII

CONTROL OF AIR TRAFFIC

60. (1) Every person and every aircraft shall comply with such of
the Rules of the Air and Air Traffic Control contained in





Schedule 14 to this Order as may be applicable to that person or aircraft
in the circumstances of the case.

(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 and Air Traffic Control.

(3) It shall be lawful for the Rules of the Air and Air Traffic Control
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 the
Territory within which the aircraft then is.

(4) If any departure from the Rules of the Air and Air Traffic
Control is made for the purpose of avoiding immediate danger, the
commander of the aircraft shall cause written particulars of the
departure, and of the circumstances giving rise to it, to be given within
ten 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 Governor.

(5) Nothing in the Rules of the Air and Air Traffic Control 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.

(6) The Governor may make rules of the air and air traffic control
supplementary to but not inconsistent with, the Rules of the Air and Air
Traffic Control contained in Schedule 14 to this Order.

61. (1) The Governor may grant a licence subject to such conditions
as he thinks fit to any person to act as an air traffic controller, as a
student air traffic controller or as an aerodrome flight information service
officer, upon his being satisfied that the applicant is a fit person to hold
the licence and is qualified by reason of his knowledge, experience,
competence, skill, physical and mental fitness so to act, and for that
purpose the applicant shall furnish such evidence and undergo such
examinations and tests (including in particular medical examinations) as
the Governor may require of him: (a)

Provided that the Governor shall not grant

(a)a student air traffic controller's licence or an aerodrome flight
information service officer's licence to a person under the age
of 18 years; or (a)

(a) Amended, S.I. 1978 No. 1520. (L.N. 83180)





(b)an air traffic controller's licence which includes an Aerodrome
Control Rating, an Approach Control Rating or an Area
Control Rating, to a person under the age of 20 years; or

(c)an air traffic controller's licence which includes any other
rating, to a person under the age of 21 years.

(2) Every licence to act as an air traffic controller shall include (a)
ratings of one or more of the classes set forth in Schedule 10 to this
Order specifying the type of air traffic control service which the holder of
the licence is competent to provide, (b) a list of the places at which, and
(c) the type of radar equipment, if any, with the aid of which he may
provide the service. If throughout any period of 90 days the holder of
the licence has not at any time provided at a particular place the type of
air traffic control service specified in the rating, the rating shall, without
prejudice to the Governor's powers under Article 58 of this Order, cease
to be valid for that place at the end of that period, and upon a rating
ceasing to be valid for a place the holder of the licence shall forthwith
inform the Governor to that effect and shall forward the licence to the
Governor to enable it to be endorsed accordingly.

(3) Every licence to act as a student air traffic controller shall be
valid only for the purpose of authorizing the holder to provide air traffic
control service under the supervision of another person who is present
at the time and is the holder of valid air traffic controller's licence which
includes a rating specifying the type of air traffic control service which
is being provided by the student air traffic controller and valid at the
place in question.

(M) Every licence to act as an aerodrome flight information service
officer shall be valid only for the purpose of authorizing the holder to
provide an aerodrome flight information service at an aerodrome
specified in the licence. If, throughout any period of 180 days the holder
of the licence has not at any time provided such a service at a particular
aerodrome, the licence shall cease to be valid for that aerodrome at the
end of that period,(a)

(4) A licence to act as an air traffic controller as a student air traffic
controller or as an aerodrome flight information service officer shall not
be valid unless the holder of the licence has signed his name thereon in
ink with his ordinary signature.(b)

(5) Subject to the provisions of Article 58 of this Order, a licence to
act as an air traffic controller as a student air traffic controller or as an
aerodrome flight information service officer shall remain in force for the
period indicated in the licence and may be renewed by the Governor
from time to time, upon his being satisfied

(a) Added, S.I. 1978 No. 1520. (L.N. 83180) (b)
Amended, S.I. 1978 No. 1520. (L.N. 83180)





that the applicant is a fit person and is qualified as aforesaid.(a) If no
period is indicated in the licence, it shall remain in force, subject as
aforesaid for the lifetime of the holder.

(6) Every applicant for and holder of an air traffic controller's
licence or a student air traffic controller's licence shall upon such
occasions as the Governor may require

(a)submit himself to medical examination by a person approved
by the Governor either generally or in a particular case who
shall make a report to the Governor in such form as the
Governor may require; and

(b)submit himself to such examinations and tests and furnish
such evidence as to his knowledge, experience, competence
and skill, as the Governor may require.(b)

(7) On the basis of the medical examination referred to in paragraph
(6) of this Article, the Governor or any person approved by him as
competent to do so may issue a medical certificate subject to such
conditions as he thinks fit to the effect that the holder of the licence has
been assessed as fit to perform the functions to which the licence
relates. The certificate shall, without prejudice to Article 63 of this
Order, be valid for such period as is therein specified, and shall be
deemed to form part of the licence.

(8) The holder of an air traffic controller's licence or student air
traffic controller's licence shall not provide any type of air traffic control
service at any such aerodrome or place as is referred to in Article 62(1)
of this Order unless his licence includes a medical certificate issued and
in force under paragraph (7) of this Article.

62. (1) A person shall not provide at any place any type of air traffic
control service or an aerodrome flight information service or hold
himself out, whether by use of a radio call sign or in any other way, as a
person who may provide any type of air traffic control service or an
aerodrome flight information service unless:

(a)in the case of an air traffic control service, he is the holder,
and complies with the terms of:

(i) a valid student air traffic controller's licence granted under
this Order and he is supervised in accordance with
Article 61(3) of this Order; or

(ii) a valid air traffic controller's licence so granted authorizing
him to provide that type of service at that place; or

(iii) a valid air traffic controller's licence so granted which does
not authorize him to provide that type of service at that
place, but he is supervised by a person who is present at
the time and who is the holder of a valid air

(a) Amended, S.I. 1978 No. 1520. (L.N. 83/80)
(b) Replaced, S.I. 1978 No. 1520. (L.N. 83/80)





traffic controller's licence so granted which authorizes him
to provide at that place the type of air traffic control
service which is being provided; or

(b)in the case of an aerodrome flight information service, he is the
holder and complies with the terms of an aerodrome flight
information service officer's licence granted under this Order
authorizing him to provide such a service at that place:

Provided that a licence shall not be required by any person who
acts in the course of his duty as a member of any of Her Majesty's
naval, military or air forces or a visiting force.(a)

(2) The holder of an air traffic controller's licence shall not be
entitled to perform any of the functions specified in Schedule 10 to this
Order in respect of a rating at any place unless:

(a)his licence includes that rating and the rating is valid for the
place at which, and the type of radar equipment, if any, with
the aid of which, the functions are performed; or

(b)he is supervised by a person who is present at the time and
who is the holder of a valid air traffic controller's licence
granted under this Order which authorizes him to provide at
that place the type of air traffic control service which is being
provided.(a)

(2A) A person shall not provide any type of air traffic control
service or an aerodrome flight information service unless he identifies
himself in such a manner as may be notified.(b)

(3) Nothing in a licence granted under Article 61 of this Order shall
permit any person to operate manually any direction-finding equipment
for the purpose of providing air traffic control service to an aircraft at a
time when he is providing air traffic control service or making signals to
that aircraft or to another aircraft.

(4) Nothing in this Article shall prohibit the holder of a valid air
traffic controller's licence from providing at any place for which the
licence includes a valid rating, information to aircraft in flight in the
interests of safety.

62A. (1) A person shall not provide an aerodrome flight information
service at any aerodrome unless:

(a)the service is provided in accordance with the standards and
procedures specified in an aerodrome information service
manual in respect of that aerodrome;

(b)the manual is produced to the Governor within a reasonable
time after a request for its production is made by the Governor;

(a) Replaced, S.I. 1978 No. 1520. (L.N. 83180)
(b) Added, S.I. 1978 No. 1520. (L.N. 83/80)





(c)such amendments or additions as the Governor may from time
to time require have been made to the manual.(a)

63. (1) Every holder of an air traffic controller's licence granted
under Article 61 of this Order who

(a)suffers any personal injury or illness involving incapacity to
undertake the functions to which his licence relates
throughout a period of 20 consecutive days; or

(b)in the case of a woman, has reason to believe that she is
pregnant, shall inform the Governor in writing of such injury,
illness or pregnancy as soon as possible.

(2) An air traffic controller's licence shall be deemed to be
suspended upon the elapse of such period of injury or illness as is
referred to in paragraph (1)(a) of this Article. The suspension of the
licence shall cease:

(a)upon the holder being medically examined under arrangements
made by the Governor and pronounced fit to resume his
functions under the licence; or

(b)upon the Governor exempting the holder from the requirement
of a medical examination subject to such conditions as the
Governor may think fit.

(3) Upon the pregnancy of the holder of an air traffic controller's
licence being confirmed, the licence shall be deemed to be suspended
and such suspension may be lifted by the Governor subject to such
conditions as he thinks fit, and shall cease upon the holder being
medically examined under arrangements made by the Governor after the
pregnancy has ended and pronounced fit to resume her functions under
the licence.(b)

64. (1) Where the Governor deems it necessary in the public
interest to restrict or prohibit flying over any area of the Territory or
along any route therein by reason of

(a)the intended gathering or movement of a large number of
persons, or

(b)the intended holding of an aircraft race or contest or of an
exhibition of flying, or

(c)national defence or any other reason affecting the public
interest,

the Governor may make regulations prohibiting, restricting or imposing
conditions on flight, either generally or in relation to any class of
aircraft, over any such area or along any such route, and an aircraft shall
not fly in contravention of such regulations.

(a) Added, S.I. 1978 No. 1520. (L.N. 83180) (b)
Replaced, S.I. 1978 No. 1520. (L.N. 83180)





(2) If the commander of an aircraft becomes aware that the aircraft is
flying in contravention of any such regulations which have been made
for any of the reasons referred to in paragraph (1)(c) of this Article he
shall forthwith cause a signal of distress to be made by radio or by one
of the prescribed visual signals, and shall (unless otherwise instructed
by the appropriate air traffic control unit or by a commissioned officer of
Her Majesty's naval, military or air forces), cause the aircraft to land at
the aerodrome, being an aerodrome suitable for that purpose, which it
can reach by flying to the least possible extent over the area to which
the regulations relate. The aircraft shall not begin to descend while over
such area.

65. (1) Within the Territory-

(a)a captive balloon or kite shall not be flown at a height of more
than 60 metres above the ground level or within 60 metres of
any vessel, vehicle or structure;

(b)a captive balloon shall not be flown within 5 kilometres of an
aerodrome;

(e)a balloon exceeding 2 metres in any linear dimension at any
stage of its flight, including any basket or other equipment
attached to the balloon, shall not be flown in controlled
airspace;

(d)a kite shall not be flown within 5 kilometres of an aerodrome;

(e) an airship shall not be moored,

without the permission in writing of the Governor and in accordance
with any conditions subject to which that permission may be granted.

(2) A captive balloon when in flight shall be securely moored, and
shall not be left unattended unless it is fitted with a device which
ensures its automatic deflation if it breaks free of its moorings.

PART IX

AERODROMES, AERONAUTICAL LIGHTS AND DANGEROUS LIGHTS

66. (1) An aircraft to which this paragraph applies shall not take-off
or land at a place in the Territory other than

(a)an aerodrome licensed under this Order for the take-off and
landing of such aircraft; or

(b)a Government aerodrome notified as available for the takeoff
and landing of such aircraft, or in respect of which the person
in charge of the aerodrome has given his permission for the
particular aircraft to take-off or land as the case may be,

and in accordance with any condition subject to which the aerodrome
may have been so licensed or notified, or subject to which such
permission may have been given.

[to be omitted in cases falling under Article 4 of the Order] Restrictions on dumping in the sea. Licences. Right to make representations. Publicity. Enforcement of Act. Enforcement of Conventions. Miscellaneous provisions as to enforcement officers. Evidence. Offence - general provisions. Crown land. Financial provisions. Interpretation. L.N. 131/76. Savings. Liability for oil pollution. Exceptions from liability under s. 1. Restriction of liability for oil pollution. Limitation of liability under s. 1. Limitation actions. Restriction on enforcement of claims after establishment of limitation fund. Concurrent liabilities of owners and others. Establishment of limitation fund outside Hong Kong. Extinguishment of claims. Compulsory insurance against liability for pollution. Issue of certificate by Governor. Rights of third parties against insurers. Jurisdiction of Hong Kong courts and registration of foreign judgments. Government ships. Liability for cost of preventive measures where s. 1 does not apply. Saving for recourse actions. Meaning of 'the Convention', 'Convention country' and 'Convention State'. Interpretation of other expressions. Construction and Commencement. Interpretation of Part I. Part I. Contributions by importers of oil and others. Part I. Power to obtain information. Part I. Liability of the Fund. Part I. Part I. Indemnification where damage is caused by ship registered in Fund Convention country, Jurisdiction and effect of judgments. Part I. Extinguishment of claims. Subrogation and rights of recourse. Part I. Modification of limitation of liability under Act of 1971. Part V. Offences by bodies corporate. Construction. Citation, commencement, repeals and extent. Sections 4(10), 6(5). Article 2 Article 4 9 & 10 Geo. 6. C. 19. 52 & 53 Vict. C. 63. 22 & 23 Geo. 5. C. 4. Citation and commencement. Revocation. Aircraft to be registered. Registration of aircraft in the Territory. Nationality and registration marks. Issue of air operators' certificates. Certificate of airworthiness to be in force. Issue , renewal, etc., of certificates of airworthiness. Certification of maintenance. Maintenance of General Purpose Category aircraft. Inspection, overhaul, repair, replacement and modification. Licensing of maintenance engineers. Equipment of aircraft. Radio equipment of aircraft. Aircraft, engine and propeller log books. Aircraft weight schedule. Access and inspection for airworthiness purposes. Composition of crew of aircraft. Members of flight crew - requirement of licences. Grant, Renewal and Effect of Flight Crew Licences. Validation of license. Personal flying log book. Instruction in flying. Glider pilot - minimum age. Operations Manual. Training manual. Public transport - operator's responsibilities. Loading - public transport aircraft and suspended loads. Public transport - operating conditions. Aircraft registered in the Territory - aerodrome operating minims. Aircraft not registered in the Territory - aerodrome operating minima. Pre-flight action by commander of aircraft. Pilots to remain at controls. Public transport of passengers - duties of commander. Operation of radio in aircraft. Minimum Navigation Performance. Use of flight recorders and preservation of records. Towing of gliders. Towing, picking up and raising of persons and articles. Dropping of persons and articles. Issue of Aerial Application Certificates. Carriage of weapons and of munitions of war. Carriage of dangerous goods. Method of carriage of persons. Exits and break-up markings. Imperilling safety of aircraft. Imperilling safety of any person or property. Drunkenness in aircraft. Smoking in aircraft. Authority of commander of aircraft. Stowaways. Application and interpretation of Part VI. Fatigue of crew - operator's responsibilities. Fatigue of crew - responsibilities of crew. Flight times - responsibilities of flight crew. Documents to be carried. Records to be kept. Production of documents and records. Preservation of documents, etc. revocation, suspension and variation of certificates, licences and other documents. Offences in relation to documents and records. Rules of the air and air traffic control. Licensing of air traffic controllers, student air traffic controllers and aerodrome flight information service officers. (a) Prohibition of unlicensed air traffic controllers. Flight Information Service Manual. Incapacity of air traffic controllers. Power to prohibit or restrict flying. Balloons, kites and airships. Aerodromes: public transport of passengers and instruction in flying. Use of Government aerodromes. Licensing of aerodromes. Radio equipment of aerodromes. Records at aerodromes. Charges at aerodromes licensed for public use. Use of aerodromes by aircraft of Contracting States and of the Commonwealth. Noise and vibration caused by aircraft on aerodromes. Aeronautical lights. Dangerous lights. Customs airports. Aviation Fuel at Aerodrumes. Prohibited Areas. Restriction with respect to aerial photography and survey from aircraft registered outside the Territory. Mandatory reporting. Power to prevent aircraft flying. Right of access to aerodromes and other places. Obstruction of persons. Enforcement of directions. Penalties. Extra-territorial effect of the Order. Application of Order to British-controlled aircraft not registered in the Territory. Application of Order to the Crown and visiting forces, etc. Exemption from Order. Appeal to Supreme Court. Application of Order. Regulations by the Governor: Fees. Interpretation. Saving. Small aircraft. Citation and commencement. Interpretation. Applications. Authority to whom application is to be made. Persons not of full age or capacity. Oaths of allegiance. Certificates of naturalization. Declarations of renunciation. 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Citation, commencement, extent and interpretation. Connections with Hong Kong. Loss of British Dependent Territories citizenship. Right to acquire new status of British National (Overseas). Removal of Hong Kong from list of dependent territories. Provisions for reducing statelessness. British Nationality Acts. Consequential amendments. (App. II, p. A1.) Citation and commencement. Interpretation. Applications. (App. III, p. EG 1.) Authority to whom application is to be made. Persons not of full age or capacity. Declarations of renunciation. Authority to whom declaration of renunciation is to be made. Notice of proposed deprivation of status. Time limit for applying for inquiry. Cancellation of registration of person deprived of status. Evidence. All applications. Applications by persons not of full age or capacity. (App. II, p. A1.) (App. III, p. EG1.) Citation and commencement. Notice of inquiry. Attendance and representation. Conduct of proceedings and evidence. Powers of enforcement. Postponement and adjournment. Quorum and delegation. Notification of committee's conclusions. L.N. 76/79. L.N. 76/79. Shipping casualties. Right to recover in respect of unreasonable loss or damage. Offences in relation to s. 12. Service of directions under s. 12. Application of ss. 12 to 15 to certain foreign and other ships. Enforcement and application of fines. Interpretation. Saving for other restrictions, rights of action etc. Short title.

Paragraph (1) of this Article applies to-

(a)aeroplanes of which the maximum total weight authorized
exceeds 2,730 kg. and which are flying for the purpose of the
public transport of passengers or for the purpose of
instruction in flying;

(b)aeroplanes of which the maximum total weight authorized does
not exceed 2,730 kg. engaged on either--

(i) schedule journeys for the purpose of the public
transport of passengers; or

(ii) flights for the purpose of the public transport of
passengers beginning and ending at the same aerodrome; or

(iii) flights for the purpose of instruction in flying; or

(iv) flights for the purpose of the public transport of
passengers at night;

(c)helicopters and gyroplanes engaged on such flights as are
specified in sub-paragraphs (i), (ii) and (iii) above;

(d)gliders (other than gliders being flown under arrangements
made by a flying club and carrying no person other than a
member of the club) which are flying for the purpose of the
public transport of passengers or for the purpose of
instruction in flying.

(3)(a) The person in charge of any area in the Territory intended
to be used for the taking-off or landing of helicopters at night
other than such a place as is specified in paragraph (1) of this
Article shall cause to be in operation, whenever a helicopter
flying for the purpose of public transport of passengers is
taking-off or landing at that area by night, such lighting as will
enable the pilot of the helicopter

(i) in the case of landing, to identify the landing area in
flight, to determine the landing direction and to make a safe
approach and landing;

(ii) in the case of taking-off, to make a safe take-off.

(b)A helicopter flying for the purpose of the public transport of
passengers at night shall not take-off or land at a place to
which. sub-paragraph (a) of this paragraph applies unless
there is in operation such lighting.

67. The Governor may cause to be notified subject to such
conditions as he thinks fit any Government aerodrome as an aerodrome
available for the take-off and landing of aircraft engaged on flights for
the purpose of the public transport of passengers or for the purpose of
instruction in flying or of any classes of such aircraft.

68. (1) The Governor may grant to any person applying therefor a
licence in respect of any aerodrome in the Territory if he is satisfied that





(a)that person is competent, having regard to his previous
conduct and experience, his equipment, organization, staffing,
maintenance and other arrangements, to secure that the
aerodrome and its aerodrome traffic zone are safe for use by
aircraft; and

(b)the aerodrome is safe for use by aircraft, having regard in
particular to the physical characteristics of the aerodrome and
of its surroundings.

(2) An aerodrome licence may be granted subject to such
conditions as the Governor thinks fit and shall, subject to the provisions
of Article 58 of this Order, remain in force for the period specified in the
licence.

(3) Without prejudice to the generality of paragraph (2) of this
Article, the Governor may grant a licence (in this Order referred to as 'a
licence for public use') which shall be subject to the condition that the
aerodrome shall at all times when it is available for the take off or landing
of aircraft be so available to all persons on equal terms and conditions.

(4) The holder of an aerodrome licence granted under this Order
shall--

(a)furnish to any person on request information concerning the
terms of the licence; and

(b)in the case of a licence for public use, cause to be notified the
times during which the aerodrome will be available for the take-
off or landing of aircraft engaged on flights for the purpose of
public transport of passengers or instruction in flying.

(5) The holder of an aerodrome licence granted under this Order
shall not contravene or cause or permit to be contravened any condition
of the aerodrome licence

(a)during the times notified pursuant to paragraph (4)(b) of this
Article in relation to any aircraft;

(b)at any time in relation to such aircraft engaged on such flights
as are specified in Article 66(2) of this Order,

but the licence shall not cease to be valid by reason only of such a
contravention.(a)

69. (1) This Article shall apply to all aerodromes licensed under this
Order (other than aerodromes at which an air traffic control service is
provided by the Governor) used for the taking-off or landing of aircraft
of which the maximum total weight authorized exceeds 2,730 kg. and
which are engaged on flights for the purpose of the public transport of
passengers.

(a) Replaced, S.I. 1978 No. 1520. (L.N. 83180)





(2) A person shall not cause or permit any radar or radio navigation
equipment to be used to facilitate an aircraft's approach to land and
landing at an aerodrome to which this Article applies, unless it is

(a)approved by the Governor as suitable for the service to be
provided;

(b)installed and maintained in a manner approved by the
Governor;

(c)flight checked, overhauled, repaired or modified only by, or
under the supervision of a person approved by the Governor.

70. (1) The licensee of an aerodrome to which Article 69 applies,
shall

(a)keep a written record in respect of each installation of radar or
radio navigation equipment provided by him and used to
facilitate an aircraft's approach to land and landing at the
aerodrome, which record shall include particulars of functional
tests and flight checks of the equipment as well as the
particulars of any overhaul, repair, replacement or modification
thereof;

(b)preserve the written record for a period of one year or such
longer period as the Governor may in a particular case direct,
and shall within a reasonable time after being requested to do
so by an authorized person, produce such record to that
person.

(2) The licensee of every aerodrome licensed under this Order
which is provided with means of two-way radio communication with
aircraft and either with radar equipment or with very high frequency
direction finding apparatus for the purpose of providing holding aid, let-
down aid or approach aid, shall provide at the aerodrome apparatus
which is capable of recording the terms or content of any radio message
or signal transmitted to any aircraft (either alone or in common with
other aircraft) or received from any aircraft, by the air traffic control unit
at the aerodrome.

(3) The apparatus provided in compliance with paragraph (2) of this
Article shall

(a)be of a type approved by the Governor in relation to the
aerodrome; and

(b) be installed in a manner so approved; and

(c) always be maintained in serviceable condition; and

(d)be in use at all times when any navigation services are being
provided by the air traffic control unit at the aerodrome to any
aircraft flying for the purpose of the public transport of
passengers.

(4) The licensee of the aerodrome shall ensure that each record
made by the apparatus provided in compliance with paragraph (2) of
this Article includes





(a) the date or dates on which the record was made;
(b)a means of identifying the person at the aerodrome by
whom the message or signal was transmitted, the aircraft
to or from which and the frequency on which the message
or signal was transmitted or received, and the time at
which each message or signal transmitted from the aero-
drome was transmitted;
(c)the time (if any) at which the radio station at the aerodrome
opened or closed as the case may be within the period
covered by each such record.

(5) If at any time the apparatus provided in compliance with
paragraph (2) of this Article ceases to be capable of recording the
matters required by this Article to be included in the record, the
licensee of the aerodrome shall ensure that those matters are
recorded in writing.

(6) The licensee of the aerodrome shall preserve any record
made in compliance with paragraph (2) of this Article for a period
of 30 days or such other period as may be prescribed from the date
on which the message or signal was recorded or for such longer
period as the Governor may in a particular case direct, and shall,
within a reasonable time after being requested to do so by an au-
thorized person, produce such record to that person.

(7) A person required by this Article to preserve any record by
reason of his being the licensee of an aerodrome shall, if he ceases
to be the licensee of the aerodrome, continue to preserve the record
as if he had not ceased to be licensee, and in the event of his death
the duty to preserve the record shall fall upon his personal
representative:

Provided that if another person becomes the licensee of the
aerodrome he or his personal representative shall deliver the record
to that other person on demand, and it shall be the duty of that
other person to deal with the record delivered to him as if he were
the first mentioned licensee.

71. (1) The Governor may, in relation to any aerodrome in
respect of which a licence for public use has been granted, or to
such aerodromes generally or to any class 'thereof, prescribe the
charges, or the maximum charges, which may be made for the use
of the aerodrome and for any services performed at the aerodrome
to or in connection with aircraft, and may further prescribe the
conditions to be observed in relation to those charges and the
performance of those services.

(2) The licensee of an aerodrome in relation to which the
Governor has made any regulations under paragraph (1) of this
Article shall not cause or permit any charges to be made in con-
travention of those regulations and shall cause particulars of the
prescribed charges to be kept exhibited at the aerodrome in such a





place and manner as to be readily available for the information of any
person affected thereby.

(3) The licensee of any aerodrome in respect of which a licence for
public use has been granted shall, when required by the Governor,
furnish to the Governor such particulars as he may require of the
charges established by the licensee for the use of the aerodrome or of
any facilities provided at the aerodrome for the safety, efficienyc or
regularity of air navigation.

72. The person in charge of any aerodrome in the Territory which is
open to public use by aircraft registered in the Territory (whether or not
the aerodrome is a licensed aerodrome) shall cause the aerodrome, and
all air navigation facilities provided thereat, to be available for use by
aircraft registered in other Contracting States or in any part of the
Commonwealth on the same terms and conditions as for use by aircraft
registered in the Territory.

73. The conditions under which noise and vibration may be caused
by aircraft (including military aircraft) on Government aerodromes,
licensed aerodromes or on aerodromes at which the manufacture, repair
or maintenance of aircraft is carried out by persons carrying on
business as manufacturers or repairers of aircraft shall be as specified in
Regulation 9 in Schedule 15 to this Order, and section 41(2) of the Act
as set out in Schedule 2 of the Civil Aviation Act 1949 (Overseas
Territories) Order 1969(a) shall apply to any such aerodrome.

74. (1) A person shall not establish or maintain an aeronautical
light within the Territory except with the permission of the Governor
and in accordance with any conditions which may be prescribed, or
subject to which the permission may be granted.

(2) A person shall not alter the character of an aeronautical light
within the Territory except with the permission of the Governor and in
accordance with any conditions subject to which the permission may be
granted.

(3) In the case of an aeronautical light, being a beacon, which is or
may be visible from any waters within an area of a lighthouse authority,
the Governor shall not give his permission for the purpose of this
Article except with the consent of that authority.

(4) A person shall not wilfully or negligently injure or interfere with
any aeronautical light established and maintained by, or with the
permission of, the Governor.

75. (1) A person shall not exhibit in the Territory any light which

(a)by reason of its glare is liable to endanger aircraft taking off
from or landing at an aerodrome; or

(a) S.I. 1969/592 (1969 1, p. 1650)





(b) by reason of its liability to be mistaken for an aeronautical

light is liable to endanger aircraft.

(2) If any light which appears to the Governor to be such a light as
aforesaid is exhibited the Governor may cause a notice to be served
upon the person who is the occupier of the place where the light is
exhibited or having charge of the light, directing that person, within a
reasonable time to be specified in the notice, to take such steps as may
be specified in the notice for extinguishing or screening the light and for
preventing for the future the exhibition of any other light which may
similarly endanger aircraft.

(3) The notice may be served either personally or by post, or by
affixing it in some conspicuous place near to the light to which it relates.

(4) In the case of a light which is or may be visible from any waters
within the area of a lighthouse authority, the powers of the Governor
under this Article shall not be exercised except with the consent of that
authority.

76. (1) The Governor may, subject to such conditions as he may
think fit, by order designate any aerodrome to be a place for the landing
or departure of aircraft for the purpose of the enactments for the time
being in force relating to customs.

(2) The Governor may by order revoke any designation so made.

76A. (1) A person who has the management of any aviation fuel
installation on an aerodrome in the Territory shall not cause or permit
any fuel to be delivered to that installation or from it to an aircraft
unless:

(a) when the aviation fuel is delivered into the installation he

is satisfied that:

(i) the installation is capable of storing and dispensing the
fuel so as not to render it unfit for use in aircraft; and

(ii) the installation is marked in a manner appropriate to the
grade of fuel stored or if different grades are stored in
difrerent parts each part is so marked; and

(iii). in the case of delivery into the installation or part thereof
from a vehicle or vessel, the fuel has been sampled and is
of a grade appropriate to that installation or that part of
the installation as the case may be and is fit for use in
aircraft;

(b) when any aviation fuel is dispensed from the installation

he is satisfied as the result of sampling that the fuel is fit for
use in aircraft:

Provided that this paragraph shall not apply in respect of fuel
which has been removed from an aircraft and is intended for use





in another aircraft operated by the same operator as the aircraft from
which it has been removed.

(2) A person to whom paragraph (1) of this Article applies shall
keep a written record in respect of each installation of which he has the
management, which record shall include--

(a)particulars of the grade and quantity of aviation fuel delivered
and the date of delivery;

(b)particulars of all samples taken of the aviation fuel and of the
results of tests of those samples;

(c)particulars of the maintenance and cleaning of the installation;

and he shall preserve the written record for a period of 12 months or
such longer period as the Governor may in a particular case direct and
shall, within a reasonable time after being requested to do so by an
authorized person, produce such record to that person.

(3)(a) A person shall not cause or permit any aviation fuel to be
dispensed for use in an aircraft if he knows or has reason to
believe that the aviation fuel is not fit for use in aircraft.

(b) If it appears to the Governor or an authorized person
that any aviation fuel is intended or likely to be delivered
in contravention of any provision of this Article, hte
Governor or that authorized person may direct the person
having the management of the installation not to permit
aviation fuel to be dispensed from that installation until
the direction has been revoked by the Governor or by an
authorized person.

(4) For the purpose of this Article-

'aviation fuel' means fuel intended for use in aircraft;

'aviation fuel installation' means any apparatus or container, including
a vehicle, designed, manufactured or adapted for the storage of
aviation fuel or for the delivery of such fuel to an. aircraft.(a)

PART X

GENERAL

77. (1) The Governor may by proclamation declare any specifically
defined area in the Territory to be a prohibited area.

(2) Except as may be provided in the proclamation whereby the
prohibited area is established, or in any subsequent proclamation
issued by the Governor, no aircraft shall fly over, or land in, any
prohibited area.

(a) Added, S.I. 1978 No. 1520. (L.N. 83180)





78. An aircraft registered in a Contracting State other than the

United Kingdom, or in a foreign country, shall not fly over the Territory
for the purpose of aerial photography or aerial survey except with the
permission of the Governor granted under this Article to the operator or
the charterer of the aircraft and in accordance with any conditions to
which such permission may be subject.

79. (1) Subject to the provisions of this Article, every person

who-

(a)is the operator or the commander of a public transport aircraft
which is registered in the Territory and has a maximum total
weight authorized of more than 2,300 kg.; or

(b)carries on the business of manufacturing, repairing or
overhauling such an aircraft, or any equipment or part thereof;
or

(e)signs a certificate of maintenance, release or compliance in
respect of such an aircraft, part or equipment; or

(d)performs a function for which he requires an air traffic
controller's licence; or

(e) is the licensee or manager of a licensed aerodrome,

shall-

(i) make a report to the Governor of any reportable occurrence of
which he knows and which is of such a description as is
specified in Regulation 14 in Schedule 15 to this Order. The
report shall be made within such time, by such means, and
shall contain such information as is so specified and it shall
be presented in such form as the Governor may in any
particular case approve, and

(ii) make a report to the Governor, within such time, by such
means, and containing such information as the Governor may
specify in a notice in writing served upon him, being
information which is in his possession or control and which
relates to a reportable occurrence which has been reported by
him or by another person to the Governor in accordance with
this Article.

(2) In this Article 'reportable occurrence' means-

(a)any incident relating to such an aircraft or any defect in or
malfunctioning of such an aircraft or any part or equipment of
such an aircraft, being an incident, malfunctioning or defect
endangering, or which if not corrected would endanger, the
aircraft, its occupants, or any other person;

(b) any defect in or malfunctioning of any facility on the

0

ground used or intended to be used for purposes of or in
connection with the operation of such an aircraft, being a
defect or malfunctioning endangering, or which if not
corrected would endanger, such an aircraft or its occupants:





Provided that any accident notified to the Governor in pursuance
of regulations made under section 10 of the Act as set out in Schedule 2
of the Civil Aviation Act 1949 (Overseas Territories) Order 1969(a) shall
not constitute a reportable occurrence for purposes of this Article.

(3) Subject to paragraph (1)(ii) of this Article, nothing in this
Article shall require a person to report any occurrence which he has
reason to believe has been or will be reported by another person to the
Governor in accordance with this Article.

(4) A person shall not make any report under this Article if he
knows or has reason to believe that the report is false in any particular.

(5) Without prejudice to Article 36(2) and subject to the provisions
of Article 57 of this Order, the operator of an aircraft shall, if he has
reason to believe that a report has been or will be made in pursuance of
this Article, preserve any data from a flight data recorder relevant to the
reportable occurrence for fourteen days from the date on which a report
of that occurrence is made to the Governor or for such longer period as
the Governor may in a particular case direct:

Provided that the record may be erased if the aircraft is outside the
Territory and it is not reasonably practicable to preserve the record until
the aircraft reaches the Territory.

80. (1) If it appears to the Governor or an authorized person that
any aircraft is intended or likely to be flown

(a)in such circumstances that any provision of Articles 3, 5, 6, 7,
18, 19, 28, 36, 39A or 40 of this Order would be contravened in
relation to the flight; or(b)

(b)in such circumstances that the flight would be in
contravention of any other provision of this Order or any
regulations made thereunder and be a cause of danger to any
person or property whether or not in the aircraft; or

(c)while in a condition unfit for the flight, whether or not the
flight would otherwise be in contravention of any provision of
this Order or of any regulation made thereunder,

the Governor or that authorized person may direct the operator or the
commander of the aircraft that he is not to permit the aircraft to make the
particular flight or any other flight of such description as may be
specified in the direction, until the direction has been revoked by the
Governor or by an authorized person, and the Governor or that
authorized person may take such steps as are necessary to detain the
aircraft.

(a) S.I. 19691592 (1969 1, p. 1650). (b)
Amended, S.I. 1978 No. 1520. (L.N. 83/80)





(2) For the purposes of paragraph (1) of this Article the
Governor or any authorized person may enter upon and inspect
any aircraft.

(3) If it appears to the Governor or an authorized person that
any aircraft is intended or likely to be flown in such circumstances
that any provision of Article 77 or 78 of this Order or any provision
relating to the licensing of air transport in the Territory would be
contravened in relation to the flight, the Governor or that authorized
person may direct the operator or the commander of the aircraft
that he is not to permit the aircraft to make the particular flight or
any other flight of such description as may be specified in the
direction until the direction has been revoked by the Governor or
by an authorized person, and the Governor or any authorized
person may take such steps as are necessary to detain the aircraft.

(4) For the purposes of paragraph (3) of this Article the Gover-
nor or any authorized person may enter upon any aerodrome and
may enter upon and inspect any aircraft.

81. The Governor and any authorized person shall have the
right of access at all reasonable times-
(a)to any aerodrome, for the purpose of inspecting the aero-
drome, or
(b)to any aerodrome for the purpose of inspecting any air-
craft on the aerodrome or any document which he has
power to demand under this Order, or for the purpose of
detaining any aircraft under the provisions of this Order;
and
(c)to any place where an aircraft has landed, for the purpose
of inspecting the aircraft or any document which he has
power to demand under this Order and for the purpose of
detaining the aircraft under the provisions of this Order:

Provided that access to a Government aerodrome shall only be
obtained with the permission of the person in charge of the aero-
drome.

82. A person shall not wilfully obstruct or impede any person
acting in the exercise of his powers or the performance of his duties
under this Order.

83. Any person who fails to comply with any direction given to
him under any provision of this Order or any regulations made
thereunder shall be deemed for the purposes of this Order to have
contravened that provision.

84. (1) If any provision of this Order or of any regulations
made thereunder is contravened in relation to an aircraft, the
operator of that aircraft and the commander thereof, shall (without
prejudice to the liability of any other person under this Order for





that contravention) be deemed for the purposes of the following
provisions of this Article to have contravened that provision unless he
proves that the contravention occurred without his consent or
connivance and that he exercised all due diligence to prevent the
contravention.

(2) If it is proved that an act or omission of any person which
would otherwise have been a contravention by that person of a
provision of this Order or of any regulations made thereunder was due
to any cause not avoidable by the exercise of reasonable care by that
person the act or omission shall be deemed not to be a contravention by
that person of that provision.

(3) Where a person is charged with contravening a provision of
this Order or of any regulations made thereunder by reason of his
having been a member of the flight crew of an aircraft on a flight for the
purpose of public transport or aerial work the flight shall be treated
(without prejudice to the liability of any other person under this Order)
as not having been for that purpose if he proves that he neither knew
nor had reason to know that the flight was for that purpose.

(4) If any person contravenes any provision of this Order, or of any
regulations made thereunder, not being a provision referred to in
paragraphs (5) or (6) of this Article, he shall be liable on summary
conviction, to a fine not exceeding
subsequent conviction for the like offence to a fine not-exceeding

(5) If any person contravenes any provision specified in Part A of
Schedule 13 to this Order he shall be liable on summary conviction to a
fine not exceeding
conviction for the like offence to a fine not exceeding
conviction on indictment to a fine not exceeding
for a term not exceeding 6 months.(a)

(6) If any person contravenes any provision specified in Part B of
the said Schedule he shall be liable on summary conviction to a fine not
exceeding
imprisonment for a term not exceeding two years or both.(a)

85. (1) Except where the context otherwise requires, the provisions
of this Order,

(a)in so far as they apply (whether by express reference or
otherwise) to aircraft registered in the Territory, shall apply to
such aircraft wherever they may be;

(b)in so far as they apply as aforesaid to other aircraft shall
apply to such other aircraft when they are within the
Territory;

(a) Amended, S.I. 1977 No. 820. (L.N. 224177)





(C)in so far as they prohibit, require or regulate (whether by
express reference or otherwise) the doing of anything by
persons in, or by any of the crew of, any aircraft registered in
the Territory, shall apply to such persons and crew, wherever
they may be; and

(d)in so far as they prohibit, require or regulate as aforesaid the
doing of anything in relation to any aircraft registered in the
Territory by other persons shall, where such persons are
British subjects, British protected persons, or citizens of the
Republic of Ireland, apply to them wherever they may be.

(2) Nothing in this Article shall be construed as extending to make
any person guilty of an offence in any case in which it is provided by
section 3(1) of the British Nationality Act 1948(a) (which limits the
criminal liability of certain persons who are not citizens of the United
Kingdom and colonies) that that person shall not be guilty of an offence.

86. The Governor may direct that such of the provisions of this
Order and of any regulations made or having effect thereunder as may
be specified in the direction shall have effect as if reference in those
provisions to British aircraft registered in the Territory included
references to the aircraft specified in the direction, being an aircraft not
so registered but for the time being under the management of a person
who, or of persons each of whom, is qualified to hold a legal or
beneficial interest by way of ownership in an aircraft registered in the
Territory.

87. (1) Subject to the following provisions of this Article, the
provisions of this Order shall apply to or in relation to aircraft belonging
to or exclusively employed in the service of Her Majesty, as they apply
to or in relation to other aircraft and for the purposes of such application
the Department or other authority for the time being responsible on
behalf of Her Majesty for the management of the aircraft shall be deemed
to be the operator of the aircraft and in the case of an aircraft belonging
to Her Majesty, to be the owner of the interest of Her Majesty in the
aircraft:

Provided that nothing in this Article shall render liable to any
penalty any Department or other authority responsible on behalf of Her
Majesty for the management of any aircraft.

(2) Save as otherwise expressly provided the naval, military and air
force authorities and members of any visiting force and any international
headquarters and the members thereof and property held or used for the
purpose of such a force or headquarters shall be exempt from the
provisions of this Order and of any regulations made thereunder to the
same extent as if that force or headquarters

(a) 1948 c. 56.





formed part of the forces of Her Majesty raised in the United King-
dom and for the time being serving in the Territory.

(3) Save as otherwise provided by paragraph (4) of this Article,
Article 73 of this Order and the Rules of the Air and Air Traffic
Control, nothing in this Order shall apply to or in relation to any
military aircraft.

(4) Where a military aircraft is flown by a civilian pilot and is
not commanded by a person who is acting in the course of his duty
as a member of any of Her Majesty's naval, military or air forces or
as a member of a visiting force or international headquarters, the
following provisions of this Order shall apply on the occasion of
that flight, that is to say, Articles 44, 45, 46 and 64 and in addition
Article 60 (so far as applicable) shall apply.

88. The Governor may exempt from any of the provisions of
this Order (other than Articles 78 and 89 thereof) or any regula-
tions made thereunder, any aircraft or persons or classes of aircraft
or persons, either absolutely or subject to such conditions as he
thinks fit.

89. (1) Subject to paragraph (2) of this Article, an appeal shall
lie to the Supreme Court or to such other court as may be prescribed
from any decision of the Governor that a person is not a fit person
to hold a licence to act as an aircraft maintenance engineer, member
of the flight crew of an aircraft, air traffic controller or student air
traffic controller, and if the court is satisfied that on the evidence
submitted to the Governor he was wrong in so deciding, the court
may reverse the Governor's decision:

Provided that an appeal shall not lie from a decision of the
Governor that a person is not qualified to hold the licence by reason
of a deficiency in his knowledge, experience, competence, skill,
physical or mental fitness.

(2) The respondent to any appeal under this Article shall be
the Attorney General or other principal legal officer of the Govern-
ment of the Territory.

90. The provisions of this Order apply to the territories men-
tioned in Schedule 16 to this Order, any one of which is in this
Order referred to in the expression 'the Territory'.

91. (1) The Governor may make regulations for prescribing
anything which, under the provisions of this Order, is to be
prescribed.

(2) The Governor with the approval of a Secretary of State
may make regulations amending the Air Navigation (General)
Regulations contained in Schedule 15 to this Order.





(3) Without prejudice to the generality of paragraph (1) of this
Article, such Regulations may prescribe the fees to be charged in
connection with the issue, validation, renewal, extension or variation of
any certificate, licence or other document (including the issue of a copy
thereof), or the undergoing of any examination, test, inspection or
investigation or the grant of any permission or approval, required by, or
for the purpose of, this Order or any regulations made thereunder.

(4) Upon an application being made in connection with which any
fee is chargeable in accordance with the said provisions the applicant
may be required before the application is entertained to pay the whole or
to deposit a portion of the fee or fees so chargeable. _If, after such
payment or deposit has been made, the application is withdrawn by the
applicant or otherwise ceases to have effect or is refused by the
Governor, the Governor may, subject as hereinafter provided, refund the
amount of such payment or deposit. Where the amount paid or
deposited is wholly or to any extent attributable to a fee chargeable in
respect of an investigation which would have been carried out in
connection with the application if it had not been so withdrawn or
ceased to have effect or been refused but which has not been carried out
by reason only of such withdrawal, cesser or refusal, the Governor may
refund the amount so attributable or, in a case where an investigation
has been partially completed, so much of that amount as in the opinion
of the Governor is reasonable having regard to the stage to which the
investigation has progressed at the time of such withdrawal, cesser or
refusal:

Provided that, if in any case the amount deposited by the applicant
is not sufficient to cover the fee, as ultimately assessed, chargeable in
respect of any investigation in so far as the same has been carried out at
the time when the application is withdrawn by him or otherwise ceases
to have effect or is refused by the Governor the amount representing the
balance of such fee shall be payable by the applicant.

In this paragraph the expression 'investigation' includes an
inspection, examination, calculation or test.

92. (1) In this Order, unless the context otherwise requires--

'The Act' means the Civil Aviation Act 1949(a);

'Aerial work' means any purpose (other than public transport) for
which an aircraft is flown if hire or reward is given or promised in
respect of the flight or the purpose of the flight;

'Aerial work aircraft' means an aircraft (other than a public transport
aircraft) flying, or intended by the operator to fly, for the purpose of
aerial work;

'Aerial work undertaking' means an undertaking whose business
includes the performance of aerial work;

(a) 1949 c. 67.





'Acrobatic manoeuvres' includes loops, spins, rolls, bunts, stall turns,
inverted flying and any other similar manoeuvre;

'Aerodome' means any area of land or water designed, equipped, set
apart or commonly used for affording facilities for the landing and
departure of aircraft and includes any area or space, whether on the
ground, on the roof of a building or elsewhere, which is designed,
equipped or set apart for affording facilities for the landing and
departure of aircraft capable of descending or climbing vertically,
but shall not include any area the use of which for affording
facilities for the landing and departure of aircraft has been
abandoned and has not been resumed;

'Aerodrome flight information unit' means a person appointed by the
Governor or by any other person maintaining an aerodrome to give
information by means of radio signals to aircraft flying or
intending to fly within the aerodrome traffic zone of that aerodrome
and 'aerodrome flight information service' shall be construed
accordingly;(a)

'Aerodrome operating minima' in relation to the operation of an
aircraft at an aerodrome means the cloud ceiling and runway visual
range for take-off, and the decision height, runway visual range
and visual reference for landing, specified by the operator in, or
ascertainable by reference to, the operations manual as being the
minima for the operation of that aircraft at that aerodrome;

'Aerodrome traffic zone' in relation to any aerodrome means the
airspace extending, from the surface to a height of 2,000 feet above
the level of the aerodrome and within a distance of 11 nautical miles
of its boundaries except any part of that airspace which is within
the aerodrome traffic zone of another aerodrome which is notified
for the purposes of this Order as being the controlling aerodrome;

'Aeronautical light' means any light established for the purpose of
aiding air navigation;

'Aeronautical radio station' means a radio station on the surface,
which transmits or receives signals for the purpose of assisting
aircraft;

'Air traffic control unit means a person appointed by the Governor or
by any other person maintaining an aerodrome or place to give
instructions or advice or both instructions and advice by means of
radio signals to aircraft in the interests of safety but does not
include a person so appointed solely to give information to aircraft,
and 'Air traffic control service' shall be construed accordingly;(b)

'Air transport undertaking' means an undertaking whose business
includes the carriage by air of passengers or cargo for hire or
reward;

(a) Added, S.I. 1978 No. 1520. (L.N. 83/80)
(b) Replaced, S.I. 1978 No. 1520. (L.N. 83/80)





'Approach to landing' means that portion of the flight of the aircraft in
which it is descending below a height of 1,000 feet above the
decision height of the relevant minimum for landing;

'Appropriate aeronautical radio station' means in relation to an aircraft
an aeronautical radio station serving the area in which the aircraft
is for the time being;

'Appropriate air traffic control unit' means in relation to an aircraft the
air traffic control unit serving the area in which the aircraft is for the
time being;

'Authorized person' means any person authorized by the Governor
either generally or in relation to a particular case or class of cases,
and references to a person authorized by the Governor include
references to the holder for the time being of any office designated
by the Governor;

'Beneficial interest' has the same meaning as in section 57 of the
Merchant Shipping Act 1894(a);

'Cargo' includes mail and animals;

'Certificate of airworthiness' includes any validation thereof and any
flight manual, performance schedule or other document, whatever
its title, incorporated by reference in that certificate relating to the
certificate of airworthiness;

'Certificate of maintenance', 'certificate of release' and -certificate of
compliance' have the meanings respectively assigned to them

0

by Articles 9(1), 10(1) and 11(4) of this Order;

'The Civil Aviation Authority' refers to the body corporate constituted
in accordance with the provisions of section 1 of the Civil Aviation
Act 1971(b);

'Cloud ceiling' in relation to an aerodrome means the vertical distance
from the elevation of the aerodrome to the lowest part of any cloud
visible from the aerodrome which is sufficient to obscure more than
one-half of the sky so visible;

'Commander' in relation to an aircraft means the member of the flight
crew designated as commander of that aircraft by the operator
thereof, or, failing such a person the person who is for the time
being the pilot in command of the aircraft;

'The Commonwealth' means the United Kingdom, the Channel Islands,
the Isle of Man, the countries mentioned in section 1(3) of the
British Nationality Act 1948 and all other territories forming part of
Her Majesty's dominions or in which Her Majesty has jurisdiction;

'Competent authority' means in relation to the Territory, the Governor,
and in relation to any other country the authority responsible under
the law of that country for promoting the safety of civil aviation;

(a) 1894 c. 60. (b)
1971 c. 75.





'Congested area' in relation to a city, town or settlement, means any
area which is substantially used for residential, industrial,
commercial or recreational purposes;

'Contracting State' means any State (including the United Kingdom
which is a party to the Convention on International Civil Aviation
signed on behalf of the Government of the United Kingdom at
Chicago on the 7th December 1944;

'Controlled airspace' means control areas and control zones;

'Control area' means airspace which has been notified as such and
which extends upwards from a notified altitude;

'Control zone' means airspace which has been notified as such and
which extends upwards from the surface;

'Co-pilot' in relation to an aircraft means a pilot who in performing his
duties as such is subject to the direction of another pilot carried in
the aircraft;

'Country' includes a territory except in sub-paragraph (b) of paragraph
(3) of this Article;

'Crew' has the meaning assigned to it by paragraph (5) of this Article;

'Decision height' in relation to the operation of an aircraft at an
aerodrome means the minimum height specified by the operator in,
or ascertainable by reference to, the operations manual as being
the minimum height to which an approach to landing can safely be
made by that aircraft at that aerodrome without visual reference to
the ground;

'Flight' and 'to fly' have the meanings respectively assigned to them
by paragraph (4) of this Article;

'Flight crew' in relation to an aircraft means those members of the crew
of the aircraft who respectively undertake to act as pilot, flight
navigator, flight engineer and flight radio operator of the aircraft;

'Flight level' means one of a series of levels of equal atmospheric
pressure, separated by notified intervals and each expressed as the
number of hundreds of feet which would be indicated at that level
on a pressure altimeter calibrated in accordance with the
International Standard Atmosphere and set to 1013.2 millibars;

-Flight simulator' means apparatus by means of which flight conditions
in an aircraft are simulated on the ground;

'Flight visibility' means the visibility forward from the flight deck of an
aircraft in flight;

'Government aerodrome' means any aerodrome in the Territory which
is under the control of the Governor or is in the occupation of any
Government Department or visiting force;





'Governor' means the officer for the time being administering the
Government of the Territory, and includes in relation to any
purpose of this Order, other than the purposes of Article 91
thereof, any person authorized by the Governor for that purpose,
and to the extent (if any) that in accordance with the Constitution
of the Territory responsibility for civil aviation has been assigned
to a Minister, a reference to the Governor includes a reference to
such Minister;

'hirer' means a person who takes or has taken goods from -an owner
under a hire-purchase agreement and includes a person to whom
the hirer's rights or liabilities under the agreement have passed by
assignment or by operation of law;

'hire-purchase agreement' means an agreement for the bailment of
goods under which the bailee may buy the goods, or under which
the property in the goods will or may pass to the bailee;

'Instrument Flight Rules' means Instrument Flight Rules contained in
the Rules of the Air and Air Traffic Control;

'Instrument Meteorological Conditions' means weather precluding
flight in compliance with the Visual Flight Rules;

'International Headquarters' means an international headquarters
designated by Order in Council under section 1 of the International
Headquarters and Defence Organizations Act 1964(a) as extended
to the Territory;

'To land' in relation to aircraft includes alighting on the water;

'Legal personal representative' has the same meaning as in section 742
of the Merchant Shipping Act 1894(b);

'Licence' includes any certificate of competency or certificate of validity
issued with the licence or required to be held in connection with the
licence by the law of the country in which the Licence is granted;

'Licence for public use' has the meaning assigned to it by Article 68(2)
of this Order;

'Licensed aerodrome' means an aerodrome licensed under this Order;

'Lifejacket' includes any device designed to support a person
individually in or on the water;

'Log book' in the case of an aircraft log book, engine log book or
variable pitch propeller log book or personal flying log book,
includes a record kept either in a book, or by any other means
approved by the Governor in the particular case;(c)

(a) 1964 c. 5.
(b) 1894 c. 60.
(c) Amended, S.I. 1978 No. 1520., (L.N. 83180)





-Maximum total weight authorized- in relation to an aircraft means the
maximum total weight of the aircraft and its contents at which the
aircraft may take off anywhere in the world, in the most favourable
circumstances in accordance with the certificate of airworthiness in
force in respect of the aircraft;

'Military aircraft' includes the naval, military or air force aircraft of
any country and

(a)any aircraft being constructed for the naval, military or air
forces of any country under a contract entered into by the
Secretary of State; and

(b)any aircraft in respect of which there is in force a certificate
issued by the Secretary of State that the aircraft is to be treated
for the purposes of this Order as a military aircraft;

'Nautical mile' means the International Nautical Mile, that is to say, a
distance of 1,852 metres;

'Navigation services' includes information, directions and other
facilities furnished, issued or provided for the purposes of or in
connection with the navigation or movement of aircraft;

'Night' means the time between half an hour after sunset and half an
hour before sunrise, sunset and sunrise being determined at
surface level;

'Notified' means shown in any of the following publications issued in
the Territory whether before or after the coming into operation of
this Order, that is to say, 'Notams (Notices to Airmen)',
'Information Circulars-, or such other official publication so issued
for the purpose of enabling any of the provisions of this Order to
be complied with;

'Operator' has the meaning assigned to it by paragraph (6) of this
Article;

'Pilot in command' in relation to an aircraft means a person who for the
time being is in charge of the piloting of the aircraft without being
under the direction of any other pilot in the aircraft;

'Prescribed' means prescribed by regulations made by the Governor
under this Order, and the expression 'prescribe' shall be construed
accordingly;

'Pressurised aircraft' means an aircraft provided with means of
maintaining in any compartment a pressure greater than that of the
surrounding atmosphere;

'Public transport' has the meaning assigned to it by paragraph (7) of
this Article;

'Public transport aircraft' means an aircraft flying, or intended by the
operator of the aircraft to fly, for the purpose of public transport;





'Record' includes, in addition to a record in writing--

(a)any disc, tape, sound-track or other device in which sounds or
signals are embodied so as to be capable (with or without the
aid of some other instrument) of being reproduced therefrom;

(b)any film, tape or other device in which visual images are
embodied so as to be capable (as aforesaid) of being
reproduced therefrom; and

(c) any photograph;

and any reference to a copy of a record includes, in the case of a
record falling within paragraph (a) only of this definition, a
transcript of the sounds or signals embodied therein, in the case of
a record falling within paragraph (b) only of this definition, a still
reproduction of the images embodied therein, and in the case of a
record falling within both those paragraphs, such a transcript
together with such a still reproduction;

'Replacement' in relation to any part of an aircraft or its equipment
includes the removal and replacement of that part whether or not by
the same part, and whether or not any work is done on it, but does
not include the removal and replacement of a part which is
designed to be removable solely for the purpose of enabling
another part to be inspected, repaired, removed or replaced or cargo
to be loaded;

'Rules of the Air and Air Traffic Control' means the Rules contained in
Schedule 14 to this Order and any supplementary rules made by the
Governor under Article 60(6) of this Order;

'Runway visual range' in relation to a runway or landing strip means
the maximum distance in the direction of take-off or landing, as the
case may be, at which the runway or landing strip or the markers or
lights delineating it can be seen from a point 5 metres above its
centre line; and in the case of an aerodrome in the Territory the
distance, if any, communicated to the commander of the aircraft by
or on behalf of the person in charge of the aerodrome as being the
runway visual range shall be taken to be the runway visual range
for the time being;

'Scheduled journey- means one of a series of journeys which are
undertaken between the same two places and which together
amount to a systematic service;

'Seaplane' has the same meaning as for the purpose of section 52 of the
Act;

'Special VFR flight' means a flight which is a special VFR flight for the
purposes of the Rules of the Air. and Air Traffic Control

'Supreme Court' means the highest court exercising original
jurisdiction in respect of the Territory;

'The Territory' has the meaning assigned to it by Article 90 of this
Order and includes the dependencies of the Territory and the
adjacent territorial waters;





'Visual Flight Rules' means Visual Flight Rules contained in the

Rules of the Air and Air Traffic Control;

'Visual Meteorological Conditions' means weather permitting

flight in accordance with the Visual Flight Rules.

(2) In this Order references to sums expressed in terms of sterling
shall be construed as references to the equivalent sums in the currency
of the Territory calculated at such rate of exchange as may be prescribed
or as the Governor may by order direct.

(3)(a) In its application to any territory which is mentioned in
Schedule 16 to this Order but is not mentioned in the First
Schedule to the Visiting Forces Act (Application to Colonies)
Order, 1954(a), as amended from time to time, this Order shall
have effect as if

(i) the whole of paragraph (2) was omitted from Article 87;

(ii) the words 'or as a member of a visiting force' were
omitted from paragraph (4) of Article 87; and

(iii) in paragraph (1) of this Article the words 'or visiting
force' were omitted from the definition of 'Government
aerodrome'.

(b)In relation to any territory which is mentioned in Schedule 16
to this Order and is also mentioned in the First Schedule to
the Visiting Forces Act (Application to Colonies) Order, 1954,
as amended from time to time, the expression 'visiting force'
in this Order means any such body, contingent or detachment
of the forces of any country as is a visiting force for the
purposes of any of the provisions of the Visiting Forces Act,
1952(b), which extend to that territory, in respect of that
country, by virtue of any Order in Council made under
subsection (2) of section 1 or under section 15 of that Act.

(4) An aircraft shall be deemed to be in flight-

(a)in the case of a piloted flying machine, from the moment when,
after the embarkation of its crew for the purpose of taking off,
it first moves under its own power, until the moment when it
next comes to rest after landing;

(b)in the case of a pilotless flying machine, or a glider, from the
moment when it first moves for the purpose of taking off until
the moment when it next comes to rest after landing;

(c)in the case of an airship or free balloon, from the moment
when it first becomes detached from the surface until the
moment when it next becomes attached thereto or comes to
rest thereon;

(a) S.I. 19541636 (1954 11, p. 2460).

(b) 1952 c. 67.





and the expressions 'a flight' and 'to fly' shall be construed
accordingly.

(5) Every person employed or engaged in an aircraft in flight on the
business of the aircraft shall be deemed to be a member of the crew
thereof.

(6) References in this Order to the operator of an aircraft are, for the
purpose of the application of any provision of this Order in relation to
any particular aircraft, references to the person who at the relevant time
has the management of that aircraft, and cognate expressions shall be
construed accordingly:

Provided that for the purposes of the application of any provision
in Part III of this Order, when by virtue of any charter or other agreement
for the hire or loan of an aircraft a person other than an air transport
undertaking or an aerial work undertaking has the management of that
aircraft for a period not exceeding 14 days, the foregoing provisions of
this paragraph shall have effect as if that agreement had not been
entered into.

(7)(a) Subject to the provisions of this paragraph, an aircraft in
flight shall for the purposes of this Order be deemed to fly for
the purpose of public transport

(i) if hire or reward is given or promised for the carriage of
passengers or cargo in the aircraft on that flight; or

(ii) if any passengers or cargo are carried gratuitously in the
aircraft on that flight by an air transport undertaking, not being
persons in the employment of the undertaking (including, in
the case of a body corporate, its directors and, in the case of
the British Airways Board, the members of the Board), persons
with the authority of the Governor either making any
inspection or witnessing any training, practice or test for the
purposes of this Order, or cargo intended to be used by any
such passengers as aforesaid, or by the undertaking; or

(iii) for the purposes of Part III of this Order, if hire or
reward is given or promised for the right to fly the aircraft on
that flight (not being a single-seater aircraft of which the
maximum total weight authorized does not exceed 9 10 kg. and
in respect of which a certificate of airworthiness of the Special
Category is in force) otherwise than under a hire-purchase
agreement;

and the expression 'public transport of passengers' shall be
construed accordingly:

Provided that, notwithstanding that an aircraft may be
flying for the purpose of public transport by reason of sub-
paragraph (a)(iii) of this paragraph it shall not be deemed to be
flying for the purpose of the public transport of passengers
unless hire or reward is given for the carriage of those
passengers.





(b)Where under a transaction effected by or on behalf of a
member of an association of persons on the one hand and the
association of persons or any member thereof on the other
hand, a person is carried in, or is given the right to fly, an
aircraft in such circumstances that hire or reward would be
given or promised if the transaction were effected otherwise
than aforesaid, hire or reward shall, for the purposes of this
Order, be deemed to have been given or promised,
notwithstanding any rule of law as to such transactions.

(8) The expressions appearing in the 'General Classification of
Aircraft' set forth in Part A of Schedule 1 to this Order shall have the
meanings thereby assigned to them.

(9) The Interpretation Act 1889 applies for the purpose of the
interpretation of this Order and otherwise in relation thereto as it applies
for the purpose of the interpretation of and in relation to, an Act of
Parliament of the United Kingdom, and as if this Order were such an Act
of Parliament.

(10) A power to make regulations under this Order shall include the
power to make different provisions with respect to different classes of
aircraft, aerodromes, persons or property and with respect to different
circumstances and with respect to different parts of the Territory and to
make such incidental and supplementary provisions as are necessary or
expedient for carrying out the purposes of the Order.

(11) Unless the context otherwise requires any reference in the Order
to any Act of Parliament shall be construed as a reference to that Act as
amended, extended or applied by or under any other Act.

(12)(a) Any power conferred by this Order to issue, make, serve or
grant any instrument shall be construed as including a power
exercisable in the like manner and subject to the like
conditions, if any, to vary, revoke, cancel or otherwise
terminate the instrument.

(b)In this paragraph 'instrument' includes any regulation,
direction, instruction, rule or other requirement, any notice and
any certificate, licence, approval, permission, exemption,
authorization, log book, record or other document.

93. (1) Subject to the provisions of Articles 68 and 72 of this Order,
nothing in this Order or the regulations made thereunder shall confer
any right to land in any place as against the owner of the land or other
persons interested therein.

(2) Nothing in this Order shall oblige the Governor to accept an
application from the holder of any current certificate, licence, .approval,
permission, exemption, authorization or other document, being an
application for the renewal of that document, or for the





granting of another document in continuation of or in substitution for
the current document, if the application is made more than 60 days
before the current document is due to expire.

94. The provisions of this Order, other than Articles 45 and 65
thereof, shall not apply to or in relation to

(a)any balloon which at any stage of its flight is not more than 2
metres in any linear dimension including any basket or other
equipment attached to. the balloon;

(b) any kite weighing not more than 2 kg.;

(c)any other aircraft weighing not more than 5 kg. without its
fuel.

N. E. LEIGH,

Clerk of the Privy Council.

SCHEDULE1 Articles 4(6), 23(2) and 92(8)

PART A

TABLE OF GENERAL CLASSIFICATION OF
AIRCRAFT

col. 1 Col. 2 col. 3 Col. 4

Non-mechanicallyFree Balloon
Lighter than drivenCaptive Balloon
air aircraft Mechanically driven Airship
Non-mechanically Glider
driven Kite
Aeroplane (Land-
Aircraft plane)
Aeroplane (Seaplane)
Heavier than Aeroplane
air aircraft Mechanically driven (Amphibian)
(flying machines)Aeroplane (Self-
launching Motor
Glider)
Gyroplane
Helicopter

PART B Article 5(2)

NATIONALITY AND REGISTRATION MARKS OF
AIRCRAFT
REGISTERED IN THE TERRITORY

1. The nationality mark of the aircraft shall be a group of two capital letters
in Roman character and the registration mark shall be a group of three capital
letters in Roman character assigned by the Governor on the registration of the
aircraft. The letters shall be without ornamentation and a hyphen shall be placed
between the nationality mark and the registration mark.

2. The nationality and registration marks shall be painted on the aircraft or
shall be affixed thereto by any other means ensuring a similar degree of
permanence in the following manner:





1. Position. of marks

(a) Flying machines and Gliders

(i)Wings: Except on aircraft having no fixed wing surface, the marks
shall appear on the lower surface of the wing structure, and shall be on
the left half of the lower surface of the wing structure unless they
extend across the whole surface of both wings. So far as possible the
marks shall be located equidistant from the leading and trailing edges
of the wings. The tops of the letters shall be towards the leading edge
of the wing.

(ii) Fuselage (or equivalent structure) or Vertical Tail Surface: The
marks shall also be either on each side of the fuselage (or equivalent
structure) between the wings and the tail surfaces, or on the upper
halves of the vertical tail surfaces. When on a single vertical tail
surface they shall be on both sides of the tail. When there is more
than one vertical tail surface, the marks shall appear on the outboard
sides of the outer tails.

(b) Airships and Balloons

(i) Airships: The marks shall be on each side of the airship and also on
the upper surface on the line of symmetry. They shall be placed
lengthwise near the maximum cross-section of the airship.

(ii) Spherical Balloons: The marks shall be in two places diametrically
opposite. They shall be placed near. the maximum horizontal
circumference of the balloon.

(iii) Non-Spherical Balloons: The marks shall be on each side. They shall
be placed near the maximum cross-section of the balloon
immediately above either the rigging band or the points of
attachment of the basket suspension cables.

(iv) In the case of all airships and balloons the side marks shall be so
placed as to be visible both from the sides and from the ground.

11. Size of Marks

(a) Flying Machines and Gliders

(i)Wings: The letters constituting each group of marks shall be of equal
height. The height of the letters shall be at least 50 centimetres.

(ii) Fuselage (or equivalent structure) or Vertical Tail Surfaces: The
marks on the fuselage (or equivalent structure) shall not interfere
with the visible outlines of the fuselage (or equivalent structure). The
marks on the vertical tail surfaces shall be such as to leave a margin
of at least 5 centimetres along each side of the vertical tail surface.
The letters constituting each group of marks shall be of equal height.
The height of the marks shall be at least 30 centimetres:

Provided that where owing to the structure of the aircraft a
height of 30 centimetres is not reasonably practicable, the height
shall be the greatest height reasonably practicable in the
circumstances, but not less than 15 centimetres.

(b) Airships and Balloons

The letters constituting each group of marks shall be of equal

height. The height of the letters shall be at least 75 centimetres.

111. Width and Spacing of Marks







(a) The width of each letter (except the letter I) and the length of the

hyphen between the nationality mark and registration mark shall be

two-thirds of the height of a letter.

(b) The letters and hyphen shall be formed by solid lines and shall be of a

colour clearly contrasting with the background on which they appear.

The thickness of the lines shall be one-sixth of the height of a letter.

(c) Each letter shall be separated from the letter which it immediately

precedes or follows by a space equal to half the width of a letter.

A hyphen shall be regarded as a letter for this purpose.

3. The nationality and registration marks shall be displayed to the best
advantage, taking into consideration the constructional features of the aircraft and
shall always be kept clean and visible.





4. In addition to the foregoing requirements of this Schedule the nationality
and registration marks shall also be inscribed, together with the name and address of
the registered owner of the aircraft, on a fireproof metal plate affixed in a
prominent position to the fuselage or car or basket, as the case may be, and near
the main entrance to the aircraft.

PART C Article 4(8)

AIRCRAFT DEALER'S CERTIFICATE-CONDITIONS

(1) The operator of the aircraft shall be the registered owner of the aircraft,
who shall be the holder of an aircraft dealer's certificate granted under this Order.

(2) The aircraft shall fly only for the purpose of:

(a) testing the aircraft; or

(b)demonstrating the aircraft with a view to the sale of that aircraft or of
other similar aircraft; or

(c)proceeding to or from a place at which the aircraft is to be tested or
demonstrated as aforesaid, or overhauled, repaired or modified; or

(d)delivering the aircraft to a person who has agreed to buy, lease or sell
it; or

(e) proceeding to or from a place for the purpose of storage.

(3) Without prejudice to the provisions of Article 32 of this Order the
operator of the aircraft shall satisfy himself before the aircraft takes off that the
aircraft is in every way fit for the intended flight.

(4) The aircraft shall fly only within the Territory.

SCHEDULE 2 Articles 3(1), 7(1) and 38(5)

A AND B CONDITIONS

The A Conditions and B Conditions referred to in Articles 3(1), 7(1) and 38(5)
of this Order are as follows:

A Conditions

(1) The aircraft shall be either an aircraft in respect of which a certificate

of airworthiness or validation has previously been in force under this
Order, or an aircraft identical in design with an aircraft in respect of which
such a certificate is or has been in force.

(2) The aircraft shall fly only for the purpose of enabling it to:

(a)qualify for the issue or renewal of a certificate of airworthiness or of
the validation thereof or the approval of a modification of the
aircraft, after an application has been made for such issue, renewal,
validation or approval as the case may be; or

(b)proceed to or from a place at which any inspection: approval, test or
weighing of, or the installation of equipment in the aircraft is to take
place for a purpose referred to in sub-paragraph (a), after such an
application has been made, or at which the installation of furnishings
in, or the painting of, the aircraft is to be undertaken; or

(c)proceed to or from a place at which the aircraft is to be or has been
stored.







(3) The aircraft and its engines shall be certified as fit for flight by the

holder of an aircraft maintenance engineer's licence granted under this
Order, being a licence which entitles him to issue that certificate or by a
person approved by the Governor for the purpose of issuing certificates
under this condition, and in accordance with that approval.





(4)The aircraft shall carry the minimum flight crew specified in any
certificate of airworthiness or validation which has previously been in
force under this Order in respect of the aircraft, or is or has previously
been in force in respect of any other aircraft of identical design.

(5)The aircraft shall not carry any persons or cargo except persons
performing duties in the aircraft in connection with the flight or persons
who are carried in the aircraft to perform duties in connection with a
purpose referred to in paragraph (2) of these Conditions.

(6)The aircraft shall not fly over any congested area of a city, town or
settlement except to the extent that it is necessary to do so in order to
take off from or land at a Government aerodrome or a licensed
aerodrome, in accordance with normal aviation practice.

(7)Without prejudice to the provisions of Article 18(2) of this Order, the
aircraft shall carry such flight crew as may be necessary to ensure the
safety of the aircraft.

B Conditions

(1)The flight shall be made under the supervision of a person approved by
the Governor for the purposes of these Conditions, and subject to any
additional conditions which may be specified in such approval.

(2)If it is not registered in the Territory or under the law of any country
referred to in Article 3 of this Order, the aircraft shall be marked in a
manner approved by the Governor for the purposes of these Conditions,
and the provisions of Articles 14, 15, 19, 32, 35, 54 and 56 of this Order
shall be complied with in relation to the aircraft as if it was registered in
the Territory so far as such provisions are applicable to the aircraft in the
circumstances.

(3) The aircraft shall fly only for the purpose of-

(a)experimenting with or testing the aircraft (including in particular its
engines) and its equipment; or

(b)enabling it to qualify for the issue of a certificate of airworthiness or
the validation thereof, or the approval of a modification of the
aircraft; or

(c)proceeding to or from a place at which any experiment, inspection.
approval, test or weighing of, or the installation of equipment in. the
aircraft is to take place for a purpose referred to in sub

paragraph (a) or (b), or at which the installation of furnishings in, or
the painting of, the aircraft is to be undertaken; or

(d)demonstrating the aircraft with a view to the sale of that aircraft or
of other similar aircraft.

(4)Without prejudice to the provisions of Article 18(2) of this Order. the
aircraft shall carry such flight crew as may be necessary to ensure the
safety of the aircraft.

(5)The aircraft shall not carry any cargo. or any persons other than the
flight crew except the following:

(a)persons employed by the operator who carry out during the flight
duties in connection with the purposes specified in paragraph (3) of
these Conditions;

(b)persons employed by manufacturers of component part of the
aircraft (including its engines) who carry out during the flight duties






in connection with the purposes so specified;

(c)persons approved by the Governor under Article 8(8) of this Order
as qualified to furnish reports for the purposes of that Article;

(d)persons, other than those carried under the preceding provisions of
this paragraph, who are carried in the aircraft in order to carry out a
technical evaluation of the aircraft or its operation.

(6)The aircraft shall not fly, except in accordance with procedures which
have been approved by the Governor in relation to that flight, over any
congested area of a city, town or settlement.





SCHEDULE 3 Article 8

1. Categories of Aircraft

Transport Category (Passenger).

General Purpose Category.

Transport Category (Cargo).

Aerial Work Category.

Private Category.

Special Category.

2. The purposes for which the aircraft may fly are as follows:

Transport Category (Passenger): Any purpose.

General Purpose Category: Any purpose.

Transport Category (Cargo): Any purpose, other than the public transport of
passengers.

Aerial Work Category: Aerial work only.

Private Category: Any purpose other than public transport or aerial work.

Special Category: Any purpose, other than public transport, specified in the
certificate of airworthiness but not including the carriage of passengers
unless expressly permitted.

SCHEDULE 4 Article 12

MAINTENANCE ENGINEERS: PRIVILEGES OF
LICENCES

An aircraft maintenance engineer may, subject to the conditions of his
licence, issue certificates as follows:

Aircraft Maintenance Engineers-Category A (Aircraft)

In relation to aircraft (not including engines) of a description specified in his
licence, being aircraft in respect of which a type rating has been included in his
licence

(a)certificates of maintenance or certificates of release in accordance with the
maintenance schedules approved under this Order;

(b)certificates of compliance in respect of inspections, repairs, replacements
and modifications so approved;

(c) certificates of fitness of aircraft for flight under the 'A Conditions'.

Aircraft Maintenance Engineers-Category B (Aircraft)

In relation to aircraft (not including engines) of a description specified in his
licence, being aircraft in respect of which a type rating has been included in his
licence

Certificates of compliance in respect of inspections, overhauls, repairs,
replacements and modifications approved under this Order.

Aircraft Maintenance Engineers-Category C (Engines)







In relation to engines of a description specified in his licence, being engines in
respect of which a type rating has been included in his licence

(a)certificates of maintenance or certificates of release in accordance with the
maintenance schedules approved under this Order;

(b)certificates of compliance in respect of inspections, repairs, replacements
and modifications so approved;

(c)certificates of fitness of aircraft engines for flight under the 'A
Conditions'.

Aircraft Maintenance Engineers-Category D (Engines)

In relation to engines of a description specified in his licence, being engines in
respect of which a type rating has been included in his licence

Certificates of compliance in respect of inspections, overhauls, repairs,
replacements and modifications approved under this Order.





Aircraft Maintenance Engineers-Category X

Compasses.

Instruments.

Electrical Equipment.

Automatic Pilots.

In relation respectively to compasses, instruments, electrical equipment or
automatic pilots of a description specified in his licence, being compasses,
instruments, electrical equipment or automatic pilots in respect of which a type
rating has been included in his licence

(a)certificates of maintenance or certificates of release in accordance with
the maintenance schedules approved under this Order;

(b)certificates of compliance in respect of inspections, repairs, replacements
and modifications so approved.

Aircraft Maintenance Engineers--Category R (Radio)

In relation to aircraft radio stations of a description specified in his licence,
being radio stations in respect of which a type rating has been included in his
licence

(a)certificates of maintenance or certificates of release in accordance with
the maintenance schedules approved under this Order;

(b)certificates of compliance in respect of inspections, repairs, replacements
and modifications so approved.(a)

SCHEDULE 5 Articles 11(3) and 13(2)

AIRCRAFT
EQUIPMENT

1 Every aircraft ofa description specified in the first column ofthe Table set
forth in paragraph 4 of this Schedule and which is registered in the Territory shall
be provided, when flying in the circumstances specified in the second column of the
said Table, with adequate equipment, and for the purpose of this paragraph the
expression 'adequate equipment' shall mean the scales of equipment respectively
indicated in that Table:

Provided that, if the aircraft is flying in a combination of such circumstances
the scales of equipment shall not on that account be required to be duplicated.

2. The equipment carried in an aircraft as being necessary for the
airworthiness of the aircraft shall be taken into account in determining whether
this Schedule is complied with in respect of that aircraft.

3. The following items of equipment shall not be required to be of a type
approved by the Governor:

(i) The equipment referred to in Scale A (ii).

(ii) First Aid Equipment and Handbook, referred to in Scale B.

(iii) Time-pieces, referred to in Scale F.

(iv) Torches, referred to in Scales G, H and J.

(v) Whistles, referred to in Scale H.







(vi) Sea anchors, referred to in Scales I and J.

(vii) Rocket signals, referred to in Scale 1.

(viii) Equipment for mooring, anchoring or manoeuvring aircraft on the water,
referred to in Scale 1.

(ix) Paddles, referred to in Scale J.

(x) Food and water, referred to in Scales J, U and V.

(xi) First aid equipment, referred to in Scales J, U and V.

(xii) Stoves, cooking utensils, snow shovels, ice saws, sleeping bags and Arctic
suits, referred to in Scale V.

(xiii) Megaphones, referred to in Scale Y.

(a) Amended, S.I. 1978 No. 1520. (L.N. 83180)





4. TABLE

scale of

Description of aircraft Circumstances of Flight Equipment
Required

(1) Gliders (a) flying for purposes other than public
transport or aerial work when flying
by night. A
(b) flying for the purpose ofpublic trans-
port or aerial work; and A, B, D and
F(i)
(i) when flying by night C and G

(ii) when carrying out acrobatic
manoeuvres m

(2) Flying machines(a) flying for purposes other than public
transport; and A
(i) when flying by night C and D
(ii) when flying under Instrument
Flight Rules
(aa) outside controlled airspace D
(bb) within controlled airspace E with E(iv)
duplicated
and F
(iii) when carrying out acrobatic
manoeuvres ea m
(b) flying for the purpose ofpublic trans-
port; and A, B, D and
(i) when flying under Instrument F(i)
Flight Rules except flights
outside controlled airspace by
flying machines having a maxi-
mum total weight authorized E with E(iv)
not exceeding 1, 150 kg. duplicated
and F
(ii) when flying by night; and in C and G
the case of flying machines of
which the maximum total E with E(iv)
weight authorized exceeds 1, 150 duplicated
kg. and F
(iii) when flying over water beyond H
gliding distance from land
(,v) when flying over water-
(aa) in the case of an acro-
plane---
(aaa) classified in its cer-
tificate of airworthi-
ness as being of per-
formance group A. C
or X; or
(bbb) having no performance
froup classification in
ts certificate of air-
worthiness and of such
a weight and perfor-
mance that with any
one of its power units
inoperative and the re-
maining power unit or
units operating within
the maximum contin-
uousg er conditions






spec m the certifi-
rate of airworthiness,
performance schedule
or flight manual relat-
ing to the aeroplane
issued or rendered
valid by the Governor
it is capable of a
gradient of climb of
at least 1 in 200 at an
altitude of 5,000 feet
in the International
Standard Atmosphere
specified in or ascer-
tainable by reference
to the certificate of
airworthiness in force
in respect of that
aircraft.
when either more than 400
nautical miles or more than
90 minutes flying time*
from the nearest aerodrome
at which an emergency
landi g can be made H and 1

For the purposes of this Table, flying time shall be calculated on the assumption that the
aircraft is flying in still air at the speed specified in the relevant Certificate of Airworthiness as the
speed for compliance with regulations governing flights over water.





Scale of
Description of ai~ Circumstances of Flight Equipment
Required
(bb) in the case of all other
flying machines, when
more than 30 minutes
flying time* from such an

aerodrome H and

(v) on all flights which involve
manoeuvres o waterH, I and J
when flying at a height of 10,000
feet or more above mean sea
level K

(vii) on flights when the weather
reports of forecasts available
at the aerodrome at the time
of departure indicate that con-
ditions favouring ice formation
are likely to be met L

(viil

when carrying out acrobatic
manoeuvres m

(ix) on all flights on which the
aircraft carries a flight crew of
more than one ?Crson N
or

(x) on all flights or the purpose
of the public transport of
passengers Q and Y
on all flights by a pressurised
aircraft R

(xii) when flying over substantially
uninhabited land areas where,
in the event of an emergency
landing tropical conditions are
likely to be met U

(xiii) when flying over substantially
uninhabited land areas where,
in the event of an emergency
landing. polar conditions are
likely to be met v

(xiv) when flying at an altitude of
more than 49,000 feet W

(3) Turbine-jet flying machines having When flying for the purpose of public

a maximum total weight authorised transport 0
exceeding 5,700 kg. or pressurised
aircraft having a maximum total
weight authorised exceeding 11,400
kg.
(4) Turbine-engined aeroplanes having
a maximum total weight authorised
exceeding 5,700 kg. and piston.
engined aeroplanes having a






maximum total weight authorised
exceeding 27,000 kg.
(a) which are operated by an air
transport undertaking under a
certificate of airworthiness
of the Transport Category
(passenger) or the Transport

Category (Cargo); or when flying on any flight p
(b) in respect of which application
has been made and not with-
drawn or refused for such a
certificate, and which fly under
the 'W' Conditions or under a
certificate of airworthiness of
the Special Category when flying on any flight p
Provided that this paragraph shall not
apply to:
(i) aeroplanes having a maximum
total weight authorised exceed-
ing 230,000 kg. which conform
to a type which was first issued
with a type certificate in the
Territory after 1st January
1970; or
(ii) aeroplanes having a maximum
total weight authorised exceed-
ing 5,700 kg. but not exceeding
230,000 kg. which conform to
a type which was first issued
with a type certificate (whether
in the Territory or elsewhere)
after 1st April 1971.

For the purposes of this Table, flying time shall be calculated on the assumption that the
aircraft is flying in still air at the speed specified in the relevant Certificate of Airworthiness as the
speed for compliance with regulations governing flights over water.





Scale of
Description of aircraft Circumstances of Flight Equipment
Required

(5) Aeroplanes-
(a) which conform to a type first
issued with a type certificate
(whether in the Territory or
elsewhere) on or after 1st April
1971 and which have a maximum
total weight authorised exceed-
ing 5,700 kg. and in respect of
which there is in force a certi-
ficate of airworthiness in the
Transport Category (Passenger)
or Transport Category (Cargo); when flying on any flight S
or
(b) which conform to a type first
issued with a type certificate
in the Territory on or after 1st
January 1970 and having a
maximum total weight author-
ised exceeding 230,000 kg. and
in respect of which there is in
force such a certificate of air-
worthiness; when flying on any flight S
or
(C) having a maximum total weluht
authorised exceeding 5.700 rg.
which conform to a type first
issued with a type certificate
on or after 1st April 1971 (or
1st January 1970 in the case of
an aeroplane exceeding 230,000
kg. maximum total weight auth-
orised) in respect of which ap-
plication has been made. and
not withdrawn or refused. for
such a certificate of airworth-
iness and which fly under the
'W' Conditions or in respect
of which there is in force a
certificate of airworthiness in when flying on any flight Is
the Special Category.
(6) Aeroplanes-
(a) which conform to a type first
issued with a type certificate
(whether in the Territory or
elsewhere) on or after 1st April
1971 and which have a maxi-
MUM total weight authorised
exceeding 27,000 kg. and in
respect of which there is in
force a certificate of airworth-
iness in the Transport Category
(Passenger) or the Transport
Category (Cargo); when flying on any flight T
or
(b) which conform to a type first
issued with a type certificate
in the Territory on or after 1st
January 1970 and which have a
maximum total weight author-
ised exceeding 230,000 kg. and
in respect of which there is in






force such a certificate of air-
worthiness; when flying on any flight T
or
(C) having a maximum total weight
authorised exceeding 27,000 kg.
which conform to a type first
issued with a type certificate on
or after 1st April 1971 (or 1st
January 1970 in the case of an
act Ian having a maximum
to =wei:bt authorised exceed-
ing 230,000 kg.) in respect of
which an application has been
made, and not withdrawn or
refused for such a certificate
of airworthiness and which fly
under the 'W' Conditions o
in respect of which there is in
force a certificate of airwor-
thiness in the Special Category. when flying on any flight T

(7) Aeroplaines---

(a)which are turbo-jet and which
have a maximum total weight
authorised exceeding 15,000 kg.





Scale of
Description of aircraft Circumstances of Flight Equipment
Required
or which are authorised to carry
30 passengers or more by the on all flights for the purpose of public

certificate of airworthiness in transport beginning on or after 1st
force in respect thereof; January 1978 X
(b) which are not turbo-jet and
which have a maximum total
weight authorised exceeding
15,000 kg. or which are auth-

onsod to carry 30 passen r on all flights for the purpose of public

lge 5

or more by the certificate of transport beginning on or gfler 1st July
airworthiness in force in respect1978 X
thereof,

5. The scales of equipment indicated in the foregoing Table shall be as
follows:

Scale A

(i) Spare fuses for all electrical circuits the fuses of which can be replaced

in flight, consisting of 10 per cent of the number of each rating or three
of each rating, whichever is the greater;

(ii.) Maps, charts, codes and other documents and navigational equipment
necessary, in addition to any other equipment required under this Order,
for the intended flight of the aircraft, including any diversion which may
reasonably be expected.

(iii) (a)On all flights beginning before 1st January 1978, subject to Scale
B(iii)(a), a safety belt or safety harness for every scat in use.

(b) On all flights beginning on or after 1st January 1978-

(aa) subject to Scale B(iii)(b), in all aeroplanes, helicopters and
gyroplanes for every pilot's seat and for any seat situated
alongside a pilot's scat, a safety belt with one diagonal shoulder
strap or a safety harness:

Provided that the Governor may permit a safety belt
without a diagonal shoulder strap to be fitted if he is satisfied

that it is not reasonably practicable to fit a safety belt with one
diagonal shoulder strap, or a safety harness.

(bb) For every seat in use (not being a scat referred to in sub-

paragraph (aa) above) a safety belt with or without one diagonal
shoulder strap or a safety harness.

Scale B

(i) First-aid equipment of good quality, sufficient in quantity, having

regard to the number of persons on board the aircraft, and including the
following:

Roller bandages, triangular bandages, adhesive plaster, absorbent






gauze, cotton wool (or wound dressings in place of the absorbent
gauze and cotton wool), burn dressings, safety pins;

Haemostatic bandages or tourniquets, scissors;
Antiseptic, analgesic and stimulant drugs;

Splints, in the case of aeroplanes the maximum total weight
authorized of which exceeds 5,700 kg.;

A handbook on First Aid.

(ii) In the case of a flying machine used for the public transport of passengers
in which, while the flying machine is at rest on the ground, the sill of any
external door intended for the disembarkation of passengers, whether
normally or in an emergency,

(a)is more than 1.82 metres from the ground when the undercarriage of
the machine is in the normal position for taxying, or

(b) would be more than 1.82 metres from the ground if the under-

carriage or any part thereof should collapse, break or fail to
function,

apparatus readily available for use at each such door consisting of a device
or devices which will enable passengers to reach the ground





safely in an emergency while the flying machine is on the ground, and can
be readily fixed in position for use.

(iii) (a)On all flights beginning before 1st January 1978, if the maximum
total weight authorized of the aircraft is more than 2,730 kg. a safety
harness for every pilot's scat in use, in place of the safety belt
referred to under Scale A:

Provided that the Governor may permit a safety belt to be
fitted if he is satisfied that it is not reasonably practicable to fit a
safety harness.

(b)On all flights beginning on or after 1st January 1978, if the
maximum total weight authorized of the aircraft exceeds 2,730 kg. a
safety harness for every pilot's seat in use, in place of the safety belt
with one diagonal shoulder strap referred to under Scale A:

Provided that the Governor may permit a safety belt with one
diagonal shoulder strap to be fitted if he is satisfied that it is not
reasonably practicable to fit a safety harness.

(iv) If the commander cannot, from his own seat, see all the passengers' seats
in the aircraft, a means of indicating to the passengers that scat belts
should be fastened.

Scale C

(i) Equipment for displaying the lights required by the Rules of the Air and
Air Traffic Control;

(H) Electrical equipment, supplied from the main source of supply in the
aircraft, to provide sufficient illumination to enable the flight crew
properly to carry out their duties during flight;

(iii) Unless the aircraft is equipped with radio, devices for making the visual
signal specified in the Rules of the Air and Air.Traffic Control as
indicating a request for permission to land.

Scale D

(i) Either (a) a turn indicator and a slip indicator; or

(b)a gyroscopic bank and pitch indicator and a gyroscopic
direction indicator;

(ii) A sensitive pressure altimeter adjustable for changes in barometric
pressure.

Scale E

(i) A turn indicator and a slip indicator;

(ii) A gyroscopic bank and pitch indicator;

(iii) A gyroscopic direction indicator;

(iv) A sensitive pressure altimeter adjustable for changes in barometric
pressure;

Provided that any aircraft may, at the option of the operator, be
equipped with an additional gyroscopic bank and pitch indicator in lieu of
the turn indicator referred to in (i) of this Scale.

Scale F







(i) A timepiece with a sweep second hand;

(H) A means of indicating whether the power supply to the gyroscopic
instruments is adequate;

(iii) A rate of climb and descent indicator;

(iv) If the maximum total weight authorized of the aircraft exceeds 5,700 kg.
a means of indicating the outside air temperature;

(v) If the maximum total weight authorized of the aircraft exceeds 5,700 kg.
two air speed indicators.

Scale G

(i) Landing lights consisting of two single filament lamps, or one dual
filament lamp with separately energised filaments;





(ii) An electric lighting system to provide illumination in every passenger
compartment;

(iii) (a)If the aircraft, in accordance with its certificate of airworthiness, may
carry more than nineteen persons over three years of age: two
electric torches and an emergency lighting system to provide
illumination in the passenger compartments sufficient to facilitate
the evacuation of the aircraft notwithstanding the failure of the
lighting systems specified in sub-paragraph (ii);

(b)In the case of any other aircraft, one electric torch for each member
of the crew of the aircraft;

(iv) In the case of an aircraft of which the maximum total weight authorized
~xceeds 5,700 kg., means of observing the existence and build up of ice
on the aircraft.

Scale H

For each person on board, a lifejacket equipped with a whistle and waterproof
torch:

Provided that lifeJackets constructed and carried solely for use by children
under three years of age need not be equipped with a whistle.

Scale I

(i) Additional flotation equipment, capable of supporting one-fifth of the
number of persons on board, and provided in a place of stowage
accessible from outside the flying machine;

(ii) Parachute distress rocket signals capable of making, from the surface of
the water, the pyrotechnical signal of distress specified in the Rules of
the Air and Air Traffic Control and complying with Part Ill of Schedule
14 to the Merchant Shipping (Life-Saying Appliances) Rules 1965(a);

(iii) A sea anchor and other equipment necessary to facilitate mooring,
anchoring or manoeuvring the flying machine on water, appropriate to
Its size, weight and handling characteristics.

Scale J

(i) Liferafts sufficient to accommodate all persons on board the flying
machine with the following equipment:

(a) means for maintaining buoyancy;

(b) a sea anchor;

(c) life lines, and means of attaching one liferaft to another;

(d) paddles or other means of propulsion;

(e) means of protecting the occupants from the elements;

(f) a waterproof torch;

(g) marine type pyrotechnical distress signals;

(h)means of making sea water drinkable, unless the full quantity of fresh
water is carried as specified in sub-paragraph (i);

(i)for each 4 or proportion of 4 persons the liferaft is designed to
carry:







100 grammes of glucose toffee tablets;

i litre of fresh water in durable containers:

Provided that in any case in which it is not reasonably
practicable to carry the quantity of water above specified, as large a
quantity of fresh water as is reasonably practicable in the
circumstances may be substituted. In no case however shall the
quantity of water carried be less than is sufficient, when added to the
amount of fresh water capable of being produced by means of the
equipment specified in sub-paragraph (h), to provide 1 litre of water
for each 4 or proportion of 4 persons the liferaft is designed to
carry.

(j) first aid equipment.

Items (f) to (j) inclusive, shall be contained in a pack.

(a) S.I. 196511105 (1965 11, p. 2940).





(ii) The number of survival beacon radio apparatus carried when the aircraft
is carrying the number of liferafts specified in column 1 of the following
Table shall be not less than the number specified in, or calculated in
accordance with, column 2:

TABLE

Column 1 Column 2

Not more than 8 liferafts. 2 survival beacon radio ap-
paratus.
For every additional 4 or pro- 1 additional survival beacon
portion of 4 liferafts. radio apparatus.

Scale K

PART I

(i) In every flying machine which is provided with means for maintaining a
pressure greater than 700 millibars throughout the flight in the flight crew
compartment and in the compartments in which passengers are carried

(a).a supply of oxygen sufficient, in the event of failure to maintain such
pressure, occurring in the circumstances specified in columns 1 and 2
of the Table set out in Part II of this Scale, for continuous use, during
the periods specified in column 3 of the said Table, by the persons for
whom oxygen is to be provided in accordance with column 4 of that
Table, and

(b)in addition, in every case where the flying machine flies above flight
level 350, a supply of oxygen in a portable container sufficient for the
simultaneous first aid treatment of two passengers,

together with suitable and sufficient apparatus to enable such persons to
use the oxygen.

(ii) In any other flying machine

(a)a supply of oxygen sufficient for continuous use by all the crew, and, if
passengers are carried, by 10 per cent of the number of passengers, for
any period exceeding 30 minutes during which the flying machine flies
above flight level 100 but not above flight level 130; and

(b)a supply of oxygen sufficient for continuous use by all persons on
board for the whole time during which the flying machine flies above
flight level 130,

together with suitable and sufficient apparatus to enable such persons to
use the oxygen.

(iii) The quantity of oxygen required for the purpose of complying with
paragraphs (i) and (ii) of this Part of this Scale shall be computed in
accordance with the information and instructions relating thereto
specified in the operations manual relating to the aircraft pursuant
to Item (vi) of Part A of Schedule 11 to this Order.

PART II

Column 1Column 2 Column 3 Column 4
Vertical displacementCapability of flying Period of supply Persons for whom
of the flying machinemachine to descend of oxygen oxygen is to be
in relation to (where relevant) provided
flight levels
Above flight level 30 minutes or the period In addition to any
100 specified at A here- passengers for
under whichever is whom oxygen is
the greater provided as spec-
ified below, all
the crew
Above flight level Flying machine is 30 minutes or the period 10 per cent of num-
100 but not above either flying at or specified at A here- ber of passengers
flight level 300below flight level under whichever is
150 or is capablethe greater
of descending and
continuing to de-
stination as speci-
fied at X here-
under





Column 1 Col~ 2Column 3 Column 4
Vertical displacementCapability of flying Period of supply Persons for whom
in relation to oxygen is to be

of the flying machinemachine to descend of oxygen
flight levels (where relevant) provided
10 minutes or the period All passengers

specified at B here-
under whichever is
Flying m g machine is the greater
g above flight 1 and in
level 15 and is 1 addition
not so capable M minutes or the period 10 per cent of num-

specified at C here- ber of passengers
under whichever is
he greater
Above flight level Flying machine is 30 minutes or the period 15 per cent of num-
300 but not above capable of des- specified at A here- ber of passengers
flight level 350 cending and con- under Whichever is
tinuing to destin- the greater
ation as specified
at Y hereunder
10 minutes or the period All passengers
specified at B here-
under whichever is
Flying machine is the greater and in
not so capable addition
30 minutes or the period 15 per cent of num-
specified at C here- ber of passengers
under whichever is
the greater
10 minutes or the period All passengers
specified at B here-

under whichever is

Above flight level the greater and in
350 addition

30 minutes or the period 15 per cent of num-
specified at C here- ber of passengers
under whichever is
the greater

A. The whole period during which, after a failure to maintain 'a pressure greater than 700
millibars in the control compartment and in the compartments in which passengers are carried has
occurred, the flying machine flies above flight level 100.

B. The whole period during which, after failure to maintain such pressure has occurred, the
flying machine flies above flight level 150.

C. The whole period during which, after a failure to maintain such pressure has occurred, the
flying machine flies above flight level 100, but not above flight level 150.

X. The flying machine is capable, at the time when a failure to maintain such pressure occurs, of
descending in accordance with the emergency descent procedure specified in the relevant flight
manual and without flying below the minimum altitudes for safe flight specified in the operations
manual relating to the aircraft, to flight level 150 within 6 minutes, and of continuing at or below
that flight level to its place of intended destination or any other place at which a safe landing can be
made.

Y. The flying machine is capable, at the time when a failure to maintain such pressure occurs of
descending in accordance with the emergency descent procedure specified in the relevant flight






manual and without flying below the minimum altitudes for safe flight specified in the

operations manual relating to the aircraft. to flight level 150 within 4 minutes and of continuing at or
below that flight level to its place of intended destination or any other place at which a safe landing
can be made.

Scale L

Equipment. to prevent the impairment through ice formation of the
functioning of the controls, means of propulsion, lifting surfaces, windows or
equipment of the aircraft so as to endanger the safety of the aircraft.

Scale M

Safety harness for every seat in use:

Provided that in the case of an aircraft carrying out acrobatic manoeuvres
consisting only of erect spinning, the Governor may permit a safety belt with one
diagonal shoulder strap to be fitted if he is satisfied that such restraint is sufficient
for the carrying out of erect spinning in that aircraft and that it is not reasonably
practicable to fit a safety harness in that aireraft.(a)

(a) Added, S.I. 1978 No. 1520. (L.N. 83180)





Scale N

An intercommunication system for use by all members of the flight crew and
including microphones, not of a hand-held type, for use by the pilot and flight
engineer (if any).

Scale 0

A radar set capable of giving warning to the pilot in command of the aircraft
and to the co-pilot of the presence of cumulo-nimbus clouds and other potentially
hazardous weather conditions:

Provided that a flight may continue if the set becomes unserviceable

(a)so as to give the warning only to one pilot, so long as the aircraft is
flying only to the place at which it first becomes reasonably practicable
for the set to be repaired; or

(b)on take-off, but the weather report or forecasts available to the
commander of the aircraft indicate that cumulo-nimbus clouds or other
potentially hazardous weather conditions which can be detected by the set
when in working order are unlikely to be encountered on the intended
route or any planned diversion therefrom or the commander has satisfied
himself that any such weather conditions will be in daylight and can be
seen and avoided, and the aircraft is in either case operated throughout
the flight in accordance with any relevant instructions given in the
operations manual.

Scale P

A flight data recorder which is capable of recording, by reference to a time-
scale, the following data

(a) indicated air speed;

(b) indicated altitude;

(c) vertical acceleration;

(d) magnetic heading;

(e)pitch attitude, if the equipment provided in the aeroplane is of such a
nature as to enable this item to be recorded;

engine power, if the equipment provided in the aeroplane is of such a
nature as to enable this item to be recorded;

(g) flap position;

(h)roll attitude, if the equipment provided in the aeroplane is of such a
nature as to enable this item to be recorded:

Provided that any aeroplane having a maximum total weight authorized not
exceeding 11,400 kg. may be provided with:

(a)a flight data recorder capable of recording the data described in
subparagraphs (a) to (h) of this Scale; or

(b) a 4 channel cockpit voice recorder.

In addition, on all flights by turbine-powered aeroplanes having a maximum total
weight authorized exceeding 27,000 kg., a four channel cockpit voice
recorder.

The flight data recorder and cockpit voice recorder referred to above shall be






so constructed that the record would be likely to be preserved in the event of an
accident to the aeroplane:

Provided that an aeroplane shall not be required to carry the said equipment, if
before take-off the equipment is found to be unserviceable, and the aircraft flies in
accordance with arrangements approved by the Governor.(a)

Scale Q

If the maximum total weight authorized of the flying machine exceeds 5,700
kg. and it was first registered, whether in the Territory or elsewhere, on or after 1st
June 1965, a door between the flight crew compartment and any adjacent
compartment to which passengers have access, which door shall be fitted with a
lock or bolt capable of being worked from the flight crew compartment.

(a) Added, S.I. 1978 No. 1520. (L.N. 83180)





Scale R

(i) Equipment sufficient to protect the eyes, nose and mouth of the pilot in
command of the aircraft from the effects of smoke and noxious gases
for a period of not less than 15 minutes; and

(ii) Portable equipment sufficient to protect the eyes, nose and mouth of
one other member of the crew of the aircraft from the effects of smoke
and noxious gases for a period of not less than 8 minutes; and

(iii) Equipment sufficient to protect from the effects of smoke and noxious
gases the eyes of all members of the flight crew of the aircraft whose eyes
are not adequately protected by other equipment.

Scale S

A flight recording system comprising:

(i) in respect of aeroplanes having a maximum total weight authorized not
exceeding 11,400 kg. either a 4 channel cockpit voice recorder or a
flight data recorder capable of recording by reference to a time scale data
from which the following information can be ascertained: the flight path
of the aeroplane; the attitude of the aeroplane; and the basic lift, thrust
and drag forces acting upon the aeroplane;

00 in respect of aeroplanes having a maximum total weight authorized
exceeding 11,400 kg. but not exceeding 27,000 kg. a 4 channel cockpit
voice recorder and a flight data recorder capable of recording by
reference to a time scale data from which the information specified in
paragraph (i) can be ascertained;

(iii) in respect of aeroplanes having a maximum total weight authorized
exceeding 27,000 kg. a 4 channel cockpit voice recorder and a flight data
recorder capable of recording by reference to a time scale data from which
the following information can be established: the flight path of the
aeroplane; the attitude of the aeroplane; the basic lift, thrust and drag
forces acting upon the aeroplane; the selection of high lift devices (if
any) and airbrakes (if any); the position of primary flying control and
pitch trim surfaces; cockpit warnings relating to engine fire and engine
shut-down, cabin pressurisation, presence of smoke and
hydraulic/pneumatic power supply; outside air temperature; instrument
landing system deviations; use made of automatic flight control system;
radio altitude (if any); and the level of essential AC electricity supply.

The cockpit voice recorder or flight data recorder, as the case may
be, shall be so constructed that the record would be likely to be preserved
in the event of an accident:

Provided that an aeroplane shall not be required to carry the said
equipment, if before take-off the equipment is found to be unserviceable,
and the aircraft flies in accordance with arrangements approved by the
Governor.(a)

Scale T

An underwater sonar location device.

Scale U

(a) 1 survival beacon radio apparatus;

(b) marine type pyrotechnical distress signals;

(c)for each 4 or proportion of 4 persons on board, 100 grammes of glucose
toffee tablets;







(d)for each 4 or proportion of 4 persons on board, 1 litre of fresh water in
durable containers;

(e) first aid equipment.

(a) Added, S.I. 1978 No. 1520. (L.N. 83/80)





Scale V

(a) 1 survival beacon radio apparatus;

(b) marine type pyrotechnical distress signals;

(c)for each 4 or proportion of 4 persons on board, 100 grammes of glucose
toffee tablets;

(d)for each 4 or proportion of 4 persons on board, 1 litre of fresh water in
durable containers;

(e) first aid equipment;

for every 75 or proportion of 75 persons on board, 1 stove suitable for
use with aircraft fuel;

(g) 1 cooking utensil, in which snow or ice can be melted;

(h) 2 snow shovels;

(i) 2 ice saws;

(j)single or multiple sleeping-bags, sufficient for the use of one-third of all
persons on board;

(k) 1 Arctic suit for each member of the crew of the aircraft.

Scale W

Cosmic radiation detection equipment calibrated in millirems per hour and
capable of indicating the action and alert levels of radiation dose rate:

Provided that an aircraft shall not be required to carry the said equipment if
before take-off the equipment is found to be unserviceable and it is not reasonably
practicable to repair or replace it at the aerodrome of departure and the radiation
forecast available to the commander of the aircraft indicates that hazardous
radiation conditions are unlikely to be encountered by the aircraft on its intended
route or any planned diversion therefrom.

Scale X

Equipment capable of giving warning to the pilot of the potentially hazardous
proximity of ground or water: provided that if the equipment becomes
unserviceable, the aircraft may fly or continue to fly until it first lands at a place at
which it is reasonably practicable for the equipment to be repaired or replaced.

Scale Y

On flights beginning on or after 1 January 1978

(i) If the aircraft has a total seating capacity of not less than 60 and not
exceeding 149 passengers, one portable battery-powered megaphone
capable of conveying instructions to all persons in the passenger
compartment and readily available for use by a member of the crew.

(ii) If the aircraft has a total seating capacity exceeding 149 passengers two
portable battery-powered megaphones together capable of conveying
instructions to all persons in the passenger compartment and readily
available for use by a member of the crew.

SCHEDULE 6 Article 14

RADIO EQUIPMENT TO BE CARRIED IN AIRCRAFT







1. Every aircraft shall be provided, when flying in the circumstances specified
in the first column of the Table set forth in paragraph 2 of this Schedule, with the
scales of equipment respectively indicated in that Table:

Provided that, if the aircraft is flying in a combination of such circumstances
the scales of equipment shall not on that account be required to be duplicated.





2. TABLE

Aircraft and Circumstances of Flight Scale of Equipment
Required
A B c D E F 0
(1) All aircraft within the Territory.
(a) when flying under Instrument Flight

Rules within controlled airspace A B F

(b) where required by the Rules of the Air
and Air Traffic Control to comply in
whole or in part with Instrument Flight
Rules in Visual Meteorological Con-
ditions............A* B* F*

(c) when flying within any airspace in
respect of which special rules are pre.
scribed by the said Rules in relation to
a particular aerodrome, so as to require
two-way radio communication with that
aerodrome.......... A*

(d) when making an approach to landing at
an aerodrome notified for the purpose

of this sub-paragraph.. .. G*

(2)All aircraft (other than gliders) within the Territory
when flying at or above flight level 245 or within such
controlled airspace as may be notified for the purpose
of this sub

paragraph.. .... A* B. E* F*

(3) All aircraft registered in the Territory,
wherever they may be:

(a)when flying for the purpose of public transport
under Instrument Flight Rules:

(i) while making an approach to
landing A B c D

00 on all other occasions....A B c

(b) exceeding 2,300 kg. maximum total
weight authorized when flying for the
purpose of public transport under Visual
Flight Rules.......... A B

(c)not exceeding 2,300 kg. maximum total weight
authorized when flying for the purpose of public
transport under Visual Flight Rules:

(i) over a route on which navigation
is not effected solely by visual
reference to landmarks..... A B

(ii) over water, beyond gliding distance
from any land.. ..A

Unless the appropriate air traffic control unit otherwise permits in relation to the particular flight and
provided that the aircraft complies with any instructions which the air traffic control unit may give in the
particular case.







3. The scales of radio equipment indicated in the foregoing Table shall be as
follows:

Scale A

Radio equipment capable of maintaining two-way communication with the
appropriate aeronautical radio stations.

Scale B

Radio equipment capable of enabling the aircraft to be navigated on the

intended route including the equipment specified in Regulation 11 in Schedule 15 to
this Order.

Scale C

Radio equipment capable of receiving from the appropriate aeronautical radio
stations meteorological broadcasts relevant to the intended flight.

Scale D

Radio equipment capable of receiving signals from one or more aeronautical
radio stations on the surface to enable the aircraft to be guided to a point from

which a visual landing can be made at the aerodrome at which the aircraft is to
land.





Scale E

Such type of radio equipment as may be notified as being capable of (a)
replying to an interrogation from secondary surveillance radar units on the surface
and (b) being set in accordance with such instructions as may be given to the
aircraft by the appropriate air traffic control unit.

Scale F

Radio equipment capable of providing a continuous indication of the aircraft's
distance from the appropriate aeronautical radio stations.

Scale G

Radio equipment capable of enabling the aircraft to make an approach to
landing using the Instrument Landing System.

4. All aircraft registered in the Territory when flying to, from or over Berlin,
Germany, shall be equipped with radio navigation equipment appropriate to the
route. including automatic direction finding equipment and any one of the
following:

(i) equipment which will enable the aircraft to be navigated by means of
signals received from radio navigation land stations forming part of the
Decca radio navigation system, or

(ii) equipment capable of giving visual indications of bearings of the aircraft
by means of signals received from very high frequency omni-directional
radio ranges.

In this sub-paragraph 'automatic direction finding equipment' means radio
navigation equipment which automatically indicates the bearing of any radio station
transmitting the signals received by such equipment.

SCHEDULE 7 Article 15

AIRCRAFT, ENGINE AND PROPELLER LOG BOOKS

1. Aircraft Log Book

The following entries shall be included in the aircraft log book:

(a)the name of the constructor, the type of the aircraft, the number assigned
to it by the constructor and the date of the construction of the aircraft;

(b) the nationality and registration marks of the aircraft;

(c) the name and address of the operator of the aircraft;

(d)the date of each flight and the duration of the period between take-off and
landing, or, if more than one flight was made on that day, the number of
flights and the total duration of the periods between take of the and
landings on that day;

(e)particulars of all maintenance work carried out on the aircraft or its
equipment;

particulars of any defects occurring in the aircraft or in any equipment
required to be carried therein by or under this Order, and of the action
taken to rectify such defects including a reference to the relevant entries
in the technical log required by Article 9(6) and (7) of this Order;

(g)particulars of any overhauls, repairs, replacements and modifications
relating to the aircraft or any such equipment as aforesaid:







Provided that entries shall not be required to be made under sub-paragraphs (e),
(f) and (g) in respect of any engine or variable pitch propeller.

2. Engine Log Book

The following entries shall be included in the engine log book:

(a)the name of the constructor, the type of the engine, the number assigned
to it by the constructor and the date of the construction of the engine;





(b)the nationality and registration marks of each aircraft in which the engine
is fitted;

(c) the name and address of the operator of each such aircraft;

(d)either (i) the date of each flight and the duration of the period between
take-off and landing or, if more than one flight was made on that day, the
number of flights and the total duration of the periods between take-offs
and landings on that day; or,

(ii) the aggregate duration of periods between take-off and landing for
all flights made by that aircraft since the immediately preceding occasion
that any maintenance, overhaul, repair, replacement, modification or
inspection was undertaken on the engine;(a)

(e) particulars of all maintenance work done on the engine;

particulars of any defects occurring in the engine, and of the rectification
of such defects, including a reference to the relevant entries in the
technical log required by Article 9(6) and (7) of this Order;

(g)particulars of all overhauls, repairs, replacements and modifications
relating to the engine or any of its accessories.

3. Variable Pitch Propeller Log Book

The following entries shall be included in the variable pitch propeller log
book:

(a)the name of the constructor, the type of the propeller, the number
assigned to it by the constructor and the date of the construction of the
propeller;

(b)the nationality and registration marks of each aircraft, and the type and
number of each engine, to which the propeller is fitted;

(c) the name and address of the operator of each such aircraft;

(d)either (i) the date of each flight and the duration of the period between
take off and landing or, if more than one flight was made on that day, the
number of flights and the total duration of the periods between take offs
and landings on that day; or,

(ii) the aggregate duration of periods between take-off and landing for
all flights made by that aircraft since the immediately preceding occasion
that any maintenance, overhaul, repair, replacement, modification or
inspection was undertaken on the propeller;(a)

(e) particulars of all maintenance work done on the propeller;

particulars of any defects occurring in the propeller, and of the
rectification of such defects, including a reference to the relevant entries
in the technical log required by Article 9(6) and (7) of this Order;

(g)particulars of any overhauls, repairs, replacements and modifications
relating to the propeller.

SCHEDULE 8 Article 18(4)

AREAS SPECIFIED IN CONNECTION WITH THE CARRIAGE
OF FLIGHT
NAVIGATORS AS MEMBERS OF THE FLIGHT CREWS OR
APPROVED
NAVIGATIONAL EQUIPMENT ON PUBLIC TRANSPORT
AIRCRAFT







The following areas are hereby specified for the purposes of Article 18(4) of
this Order:

Area A-Arctic

All that area north of latitude 67 north, but excluding any part thereof lying
within 300 nautical miles of Norway.

(a) Replaced, S.I. 1978 No. 1520. (L.N. 83/80)





Area B-Antarctic

All that area south of latitude 55 south.

Area C-Sahara

All that area enclosed by rhumb lines joining successively the following
points:

32 north latitude 03 west longitude
24- 14'
14- 14-
18 280 east
24 28'
28' 23-
32 03 west

Area D-Arabian Desert

AU that area enclosed by rhumb lines joining successively the following
points:

22' north latitude 425 east longitude
16 46
20' 55
24' 48'
22' 42*

Area E-South America (Central)

All that area enclosed by rhumb.lines joining successively the following
points:
04' north latitude 72' west longitude

W 11 11 +

08* south 42'
18- 54'
]r 60`
14' 720
05. 76o
04' north 72'

Area F-Pacific Ocean

All that area enclosed by rhumb lines joining successively the following
points: 55' south latitude 75' west longitude

20' 73'
05. 85.
05' north 80.

is- 105.
30- 125'
55. 140'
67' 180'
60' 180'
20' 128' east
040 128'
001 165' west

55o south180'
55. 75-

Area G-Australia







All that area enclosed by rhumb lines joining successively the following
points:

18' south latitude 123' cast longitude
30- 118'
30' 135'
18- 123'

Area H-Indian Ocean

All that area enclosed by rhumb lines joining successively the following
points:

35' south latitude 110' east longitude
20' 110.
13' 120o

10- 100.





13* north latitude 91' east longitude

13' 86
W 80
20' 67:
20' 62
05* south 43.
20- 60'
25' 19 60'
40o 11 loo
55o *1 loo
55o 11 180.
35- lloo

Area I-North Atlantic Ocean

All that area enclosed by rhumb lines joining successively the following
points: 55' north latitude IS' west longlitude

67' 40'
67' 60'
451 45'
401 63-
40o ig.
55. is-

Area J-South Atlantic Ocean

All that area enclosed by rhumb lines joining successively the following
points:
40o north latitude 63' west longitude

Ig- 1. 63'

05' south 30'
550 55.
55- loo cast
050 101
02' north 05.
02' 10' west
15' 25
40' ig.
40' 63'

Area K-Northern Canada

All that area enclosed by rhumb lines joining successively the following
points: 67' north latitude 130' west longitude,

55. 115.
55' 70
67- 60'
67- 130-

SCHEDULE 9 Article 20

FLIGHT CREW OF AIRCRAFT: LICENCES AND RATiNGs

-PART A. LicENcEs
Minimum Age, Period of Validity, Privileges

1. Aeroplane Pilots
Private Pilot's Licence (Aeroplanes)

Minimum Age-17 years.







No maximum period of validity.

Privileges: The holder of the licence shall be entitled to fly as pilot in
command or co-pilot of an aeroplane of any of the types specified in the aircraft
rating included in the licence..





Provided that:

(a)he shall not fly such -an aeroplane for the purpose of public transport or
aerial work other than aerial work which consists of:

(i) the giving of instruction in flying, if his licence includes a flying
instructor's rating or an assistant flying instructor's rating; or (ii) the
conducting of flying tests for the purposes of this Order in either case
in an aeroplane owned, or operated under arrangements entered into
by, a flying club of which the person giving the instruction or
conducting the test and the person receiving the instruction or
undergoing the test are both members;(a)

(b)he shall not receive any remuneration for his services as a pilot on a flight
other. than remuneration for the giving of such instruction or the
conducting of such flying tests as are specified in paragraph (a) of this
proviso;(a)

(c)he shall not, unless his licence includes an instrument rating (aeroplanes)
or an instrument meteorological conditions rating (aeroplanes), fly as
pilot in command of such an aeroplane:

(i) on a flight outside controlled airspace:
(aa) when the flight visibility is less than one nautical mile; or

(bb) when any passenger is carried and the aeroplane is flying either
above 3,000 feet above mean sea level in Instrument
Meteorological Conditions or at or below 3,000 feet above mean
sea level in a flight visibility of less than 3 nautical miles; or

(H) on a special VFR flight in a control zone in a flight visibility of less
than 5 nautical miles, except on a route or in an aerodrome traffic
zone notified for the purposes of this sub-paragraph;

(d)he shall not fly as pilot in command of such an aeroplane at night on a
flight on which any passenger is carried unless:

(i) his licence includes a night rating (aeroplanes); and

(ii) his licence includes an instrument rating (aeroplanes) or he has
~vithin the immediately preceding 6 months carried out as pilot in
command not less than 5 take-offs and 5 landings at a time when the
depression of the centre of the sun was not less than 12' below the
horizon.

Commercial Pilot's Licence (Aeroplanes)

Minimum Age-18 years.

Maximum Period of Validity- 10 years.

Privileges:

(1)The holder of the licence shall be entitled to exercise the privileges of a
Private Pilot's Licence (Aeroplanes) which includes an instrument
meteorological conditions rating (aeroplanes) and a night rating
(aeroplanes) and shall be entitled to fly as pilot in command of an
aeroplane on a special VFR flight notwithstanding that the flight visibility
is less than 11 nautical miles; and

(2) he shall be entitled to fly as pilot in command of an aeroplane of a type
specified in Part 1 of the aircraft rating included in the licence when the
aeroplane is engaged on a flighf for any purpose whatsoever: Provided
that:







(a) he shall not, unless his licence includes an instrument rating
(aeroplanes), fly such an aeroplane on any scheduled journey;
(b) he shall not fly such an aeroplane at night on which any
passenger is carried unless his licence includes an instrument
rating (aeroplanes) or he has within the immediately preceding
90 days carried out as pilot in command not less than 5
take-offs and 5 landings at a time when the depression of the
centre of the sun was not less than 12' below the horizon;

(a) Replaced, S.I. 1980 No. 1520. (L.N. 83/80)





(c)he shall not, unless his licence includes an instrument rating
(aeroplanes) fly any such aeroplane of which the maximum
total weight authorized exceeds 2,300 kg. on any flight for the
purpose of public transport, except a flight beginning and ending
at the same aerodrome and not extending beyond 25 nautical
miles from that aerodrome;

(d)he shall not fly such an aeroplane on a flight for the purpose
of public transport if its maximum total weight authorized
exceeds 5,700 kg.; and

(3)he shall be entitled to fly as co-pilot of any aeroplane of a type specified
in the aircraft rating included in the licence when the aeroplane is engaged
on a flight for any purpose whatsoever.

Senior Commercial Pilot's Licence (Aeroplanes)

Minimum Age-21 years.

Maximum Period of Validit~-1 0 years.

Privileges: The holder of the licence shall be entitled to exercise the privileges
of a Commercial Pilot's Licence (Aeroplanes) except that in proviso (d) to
paragraph (2) of those privileges, 20,000 kg. shall be substituted for 5,700 kg.

Airline Transport Pilot's Licence (Aeroplanes)

Minimum Age-21 years.

Maximum Period of Valldity-10 years.

Privileges: The holder of the licence shall be entitled to exercise the privileges
of a Commercial Pilot's Licence (Aeroplanes) except that for proviso (d) to
paragraph (2) of those privileges there shall be substituted:

(d)he shall not at any time after he attains the age of 60 years fly such an
aeroplane for the purpose of public transport if its maximum total weight
authorized exceeds 20,000 kg.

2. Helicopter and Gyroplane Pilots

Private Pilot's Licence (Helicopters and Gyroplanes)

Minimum Age-17 years.

No maximum period of validity.

Privileges: The holder of the licence shall be entitled to fly as pilot in
command or co-pilot of a helicopter or gyroplane of any of the types specified in
the aircraft rating included in the licence:

Provided that:

(a)he shall not fly such a helicopter or gyroplane for the purpose of public
transport or aerial work other than aerial work which consists of:

(i) the giving of instruction in flying if his licence includes a flying

instructor's rating or an assistant flying instructor's rating; or (ii)
the conducting of flying tests for the purposes of this Order

in either case in a helicopter or gyroplane owned, or operated under
arrapgements entered into by a flying club of which the person giving the
Instruction or conducting the test and the person receiving the
instruction or undergoing the test are both members;(a)







(b)he shall not receive any remuneration for his services as a pilot on a
flight other than remuneration for the giving of such instruction or the
conducting of such flying tests as are specified in paragraph (a) of this
proviso;(a)

(a) Replaced, S.I. 1978 No. 1520. (L.N. 83180)





(c)he shall not fly as pilot in command of such a helicopter or gyroplane at
night on a flight on which any passenger is carried unless his licence
includes a night rating (helicopters and gyroplanes) and he has within the
immediately preceding 90 days carried out as pilot in command not less
than 5 flights, each consisting of a take-off, a transition from hover to
forward flight, a climb to at least 500 feet, and a landing, at a time when
the depression of the centre of the sun was not less than 12' below the
horizon.

Commercial Pilot's Licence (Helicopters and Gyroplanes)

Minimum Age-18 years.

Maximum Period of Validity- 10 years.

Privileges:

(1) The holder of the licence shall be entitled to exercise the privileges of

ù Private'Pilot's Licence (Helicopters and Gyroplanes) which includes

ù night rating (helicopters and gyroplanes); and

(2)he shall be entitled to fly as pilot in command of any helicopter or
gyroplane specified in Part 1 of the aircraft rating included in the licence
when the helicopter or gyroplane is engaged on a flight for any purpose
whatsoever:

Provided that:

(a)he shall not fly such a helicopter or gyroplane at night on a
flight on which any passenger is carried unless he has within the
immediately preceding 90 days carried out as pilot in command
not less than 5 flights, each consisting of a takeoff, a transition
from hover to forward flight, a climb to at least 500 feet, and a
landing, at a time when the depression of the centre of the sun
was not less than 12' below the horizon;

(b)he shall not fly such a helicopter or gyroplane on a flight for
the purpose of public transport if its maximum total weight
authorized exceeds 5,700 kg.; and

(3)he shall be entitled to fly as co-pilot of any helicopter or gyroplane
specified in the aircraft rating included in the licence when the helicopter
or gyroplane is engaged on a flight for any purpose whatsoever.

Airline Transport Pilots Licence (Helicopters and Gyroplanes)

Minimum Age-21 years.

Maximum Period of Validi~y--1 0 years.

Privileges: The holder of the licence shall be entitled to exercise the privileges
of a Commercial Pilot's Licence (Helicopters and Gyroplanes), except that proviso
(b) to paragraph (2) shall not apply.

3. Balloon and Airship Pilots
Private Pilot's Licence (Balloons and Airships)

Minimum Age-17 years.

No maximum period of validity.

Privileges: The holder of the licence shall be entitled to fly as pilot in
command of any type of balloon or airship specified in Part 1 of the aircraft rating






included in the licence and co-pilot of any type of balloon or airship specified in
such aircraft rating:

Provided that:

(a)he shall not fly such balloon or airship for the purpose of public
transport or aerial work, other than aerial work which consists of the
giving of instruction in flying or the conducting of flying tests in either
case in a balloon or airship owned, or operated under arrangements





entered into, by a flying club of which the person giving the instruction
or conducting the test and the person receiving the instruction or
undergoing the test are both members;(a)

(b)he shall not receive any remuneration for his services as a pilot on a
flight other than remuneration for the giving of such instruction or the
conducting of such flying tests as are specified in paragraph (a) of this
proviso;(b)

Commercial Pilot's Licence (Balloons)

Minimum Age-1 8 years.

Maximum Period of Validity-6 months*.

Privileges:

(1)The holder of the licence shall be entitled to exercise the privileges of a
Private Pilot's Licence (Balloons and Airships); and

(2)he shall be entitled to fly, when the balloon is flying for any pufpose
whatsoever, as pilot in command or co-pilot of any type of balloon
specified in the aircraft rating included in the licence.

Commercial Pilot's Licence (Airships)

Minimum Age-18 years.

Maximum Period of Vaildity-6 months*.

Privileges:

(1)The holder of the licence shall be entitled to exercise the privileges of a
Private Pilot's Licence (Balloons and Airships); and

(2)' he shall be entitled to fly, when the airship is flying for any purpose
whatsoever, as pilot in command of any type of airship specified in Part
1 of the aircraft rating included in the licence and as co-pilot of any type
of airship specified in such aircraft rating.

4. Glider Pilots

Commercial Pilot's Licence (Gliders)

Minimum Age-18 years.

Maximum Period of Validity-6 months.

Privileges: The holder of the licence shall be entitled to fly for any purpose as
pilot in command or co-pilot of

(a)any glider of which the maximum total weight authorized does not exceed
680 kg.;

(b)any glider of which the maximum total weight authorized exceeds 680
kg. and which is of a type specified in the rating included in the licence.

5. Other Flight Crew

Flight Navigator's Licence

Minimum Age-21 years.

Maximum Period of Validity-10 years.







Privileges: The holder of the licence shall be entitled to act as flight navigator
in any aircraft.

(a) Amended, S.I. 1978 No. 1520. (L.N. 83/80)

(b) Replaced, S.I. 1878 No. 1520. (L.N. 83/80)

In respect of the privileges of a Private Pilot's Licence the maximum
period of validity shall be as given for that licence.





Flight Engineer's Licence

Minimum Age-21 years.

Maximum Period of Validity-1 0 years.

Privileges: The holder of the licence shall be entitled to act as flight -engineer
in any type of aircraft specified in the aircraft rating included in the licence.

Plight Radiotelephony Operator's General Licence

Minimum Age-18 years.

Maximum Period of Validity--- 10 years.

Privileges: The holder of the licence shall be entitled to operate
radiotelephony apparatus in any aircraft.

Flight Radiotelephony Operator's Restricted Licence

Minimum Age-17 years.

Maximum Period of Validi~>,- 10 years.

Privileges: The holder of the licence shall be entitled to operate
radiotelephony apparatus in any aircraft if the stability of-the frequency radiated by
the transmitter is maintained automatically but shall not be entitled to operate the
transmitter, or to adjust its frequency, except by the use of external switching
devices.

Flight Radiotelegraphy Operator's Licence

Minimum Age-20 years.

Maximum Period of Vaildio--1 2 months.

Privikyes: The holder of the licence shall be entitled to operate
radiotelegraphy and radiotelephony apparatus in any aircraft.

Plight Radiotelegraphy Operator's Temporary Licence

Minimum Age-18 years.

Maximum Period of Validio-- 12 months.

Privileges: The holder of the licence shall be entitled to operate
radiotelegraphy and radiotelephony apparatus in any aircraft under the.supervision
of a person who is the holder of a flight radiotelegraphy operator's licence.

PART B. RATiNGs

1. The following ratings may be included in a pilot's licence granted under Part
IV of this Order, and, subject to the provisions of this Order and of the licence, the
inclusion of a rating in a licence shall have the consequences respectively specified
as follows:

Aircraft Rating. The licence shall entitled the holder to act as pilot only
of aircraft of the types specified in the aircraft rating and different types of
aircraft may be specified in respect of different privileges of a licence.

Instrument Meteorological Conditions Rating, (Aeroplanes) shall entitle the
holder of a private pilot's licence (aeroplanes) to fly as pilot in command of an
aeroplane:

(a) on a flight outside controlled airspace without being subject to the






restrictions contained in Proviso (cXi) to the privileges of such a
licence set out in Part A of this Schedule; and
(b) on a special VFR flight in a control zone in a flight visibility of less

than 5. but not less than 11, nautical miles.





Instrument Rating (Aeroplanes) shall entitle the holder of the licence
to act as pilot in command or co-pilot of an aeroplane flying in controlled
airspace in circumstances which require compliance with the Instrument Flight
Rules.

Night Rating (Aeroplanes) shall entitle the holder of a private pilot's licence
(aeroplanes) to act as pilot in command at night of an aeroplane- in which a
passenger is carried.

Night Rating (Helicopters and Gyroplanes) shall entitle the holder of a
private pilot's licence (helicopters and gyroplanes) to act as pilot in command at
night of a helicopter or gyroplane in which a passenger is carried.

Towing Rating (Flying Machines) shall entitle the holder of the licence to act
as pilot of a flying machine while towing a glider in flight for the purpose of public
transport or aerial work.

F1~ Instructor's Ratkg shall entitle the holder of the licence to give
instruction in flying aircraft of such types as may be specified in the rating for that
purpose.

Assistant Flying Instructor's Rating shall entitle the holder of the licence to
give instruction in flying aircraft of such types as may be specified in the rating for
that purpose:

Provided that

(a)such instruction shall only be given under the supervision of a person
present during the take-off and landing at the aerodrome at which the
instruction is to begin and end and holding a pilot's licence endorsed with a
flying instructor's rating; and

(b)an assistant flying instructor's rating shall not entitle the holder of the
licence to give directions to the person undergoing instruction in respect
of the performance by that person of

(i) his first solo flight; or

(ii) his first solo flight by night; or

(iii) his first solo cross-country flight otherwise than by night; or

(iv) his first solo cross,-country flight by night.

2. An aircraft rating included in a flight engineer's licence shall entitle the
holder of the licence to act as flight engineer only of aircraft of a type specified in
the aircraft rating.

3. For the purposes of this Schedule:

'Solo flight' means a flight on which the pilot of the aircraft is not
accompanied by a person holding a pilot's licence granted or rendered valid
under this Order.

'Cross-country flight' means any flight during the course of which the
aircraft is more than 3 nautical miles from the aerodrome of departure.

PART C. CERTMCATE OF TIOr OR EXPERIENCE

1.(a) A certificate of test or a certificate of experience required by Article
20(4) of this Order shall not be appropriate to the functions to be
performed on a flight unless it is a certificate appropriate to the
description of the flight according to the following Table:

TABLE







Case Description of Certificate
Class of Licence Flight Required

A Private Pilot's Licence Any flight within Certificate of test
(Aeroplanes) the privileges or certificate

Private Pilot's Licence (Heli-of the licence. of experience

copters and Gyroplanes)





Case Class of Licence Description of Certificate
FlightRequired

B Commercial Pilot's Licence Carriage of pas- Certi icate of test
(Aeroplanes) sengers on a
Commercial Pilot's Licence flight in respect
(Helicopters and Gyro- of which the
planes) holder of the
Commercial Pilot's Licence licence receives
(Gliders) remuneration.
Senior Commercial Pilot's
Licence (Aeroplanes)
Airline Transport Pilot's
Licence (Aeroplanes)
Airline Transport Pilot's
Licence (Helicopters and
Gyroplanes)
C Commercial Pilot's Licence For public trans- Certificate of test
(Aeroplanes) port.
Commercial Pilot's Licence
(Helicopters and Gyro-
planes)
Commercial Pilot's Licence
(Gliders)
Senior Commercial Pilot's
Licence (Aeroplanes)
Airline Transport Pilot's
Licence (Aeroplanes)
Airline Transport Pilot's
Licence (Helicopters and
Gyroplanes)
D Commercial Pilot's Licence For aerial work. Certificate of test
(Aeroplanes) or certificate
Commercial Pilot's Licence of experience
(Helicopters and Gyro-
planes)
Commercial Pilot's Licence
(Gliders)
Senior Commercial Pilot's
Licence (Aeroplanes)
Airline Transport Pilot's
Licence (Aeroplanes)
Airline Transport Pilot's
Licence (Helicopters and
Gyroplanes)
E Commercial Pilot's Licence Flight for any Certificate of test
(Aeroplanes) purpose otheror certificate
Commercial Pilot's Licence than Cases B, of experience
(Helicopters and Gyro- C or D.
planes)
Cominercial Pilot's Licence
(Gliders)
Senior Con-anercial Pilot's
Licence (Aeroplanes)
Airline Transport Pilot's
Licence (Aeroplanes)
Airline Transport Pilot's
Licence (Helicopters and
Gyroplanes)

F Flight Navigator's Licence Flights to which Certificate of
ArticIc 18(4) of experience

this Order
applies.






Flight Engincer's LicenceFor public trans- Certificate of test
1 port-





Description ofCertificate
Case Class of Licence ~t Required
H Flight Engineer's Licence Any ~t other C=.tificate of test
than for publicor certificate
transport. Of experience

(b)For the purposes of this Part of this Schedule references to Cases are
references to the Cases indicated in the first Column of the Table in
paragraph 1(a) of this Part of this Schedule.

Certificate of rest

2. A certificate of test required by Article 20(4) or 20(5) of this Order shall be
signed by a person authorized by the Governor to sign certificates of this kind and
shall certify the following particulars:

(a) the functions to which the certificate relates;

(b)that the person signing the certificate is satisfied that on a date specified
in the certificate the holder of the licence or personal flying log book of
which the certificate forms part, as the case may be, passed an appropriate
test of his ability to perform the functions to which the certificate relates;

(c)the type of aircraft or flight simulator in or by means of which the test
was conducted;

(d) the date on which it was signed.

Nature of test

3. The appropriate test referred to in paragraph 2 of this Part of this Schedule
shall be:

(a)in the case of a test which entitles the holder of the licence of which the
certificate forms part to act as pilot in conunand andlor co-pilot of
aircraft of the type specified in the certificate, a test of the pilot's
competence to fly the aircraft as pilot in command andjor co-pilot and
shall where the Governor so specifies in respect of the whole or part of a
test be conducted in an aircraft in flight or by means of a flight simulator
approved by the Governor;

(b)in the case of a test which entitles the holder of the licence of which the
certificate forms part to act as flight engineer of aircraft of the type
specified in the certificate, a test of the flight engineer's competence to
perform the duties of a flight engineer in the type of aircraft to be used on
the flight and shall, where the Governor so specifies in respect of the
whole or part of a test, be conducted in an aircraft in flight or by means of
a flight simulator approved by the Governor;

(c)in the case of a test which entitles the holder of the licence of which the
certificate forms part to perform the functions to which an Instrument
Rating relates a test of his ability to perform the functions to which the
rating relates and shall, where the Governor so specifies in respect of the
whole or part of the test, be conducted in an aircraft in flight or by means
of a flight simulator approved by the Governor;

(d)in the case of a test which entitles the holder of the licence of which the
certificate forms part to perform the functions to which a flying
instructor's rating, an assistant flying instructoi's rating or an instrument
meteorological conditions rating relates, a test of his ability to perform
the functions to which the rating relates and shall be conducted in an
aircraft in flight.

Period of Validity of Certificate of Test







4.(a) A certificate of test required by Article 20(4) of thir Order shall not be
valid in relation to a flight made more than 13 months in Cases A, B, E
and H, or more than 6 months in Cases C, D and G, after the date of the
test which it certifies:





Provided that in the case of Cases C, D and G two certificates of test
shall together be deemed to constitute a valid certificate of test if they
certify flying tests conducted on two occasions within the period of 13
months preceding the flight on which the functions are to be performed,
such occasions being separated by an interval of not less than 4 months,
and if both certificates are appropriate to those functions.

(b)A certificate of test required by Article 20(5) of this Order shall not be
valid in relation to a flight made more than 13 months in the case of an
instrument rating (aeroplanes) and an assistant flying instructor's rating or
more than 25 months in the case of an instrument meteorological
conditions rating (aeroplanes) and a flying instructor's rating, after the
date of the test which it certifies.

Certificate of experience

5. A certificate of experience required by Article 20(4) of this Order shall be
signed by a person authorized by the Governor to sign such a certificate and shall
certify the following particulars:

(a) the functions to which the certificate relates;

(b)in the case of a pilot or flight engineer, that on the date on which the
certificate was signed the holder of the licence or personal flying log book
of which it forms part, as the case may be, produced his personal flying
log book to the person signing the certificate and satisfied him that he had
appropriate experience in the capacity to which his licence relates within
the appropriate period specified in paragraph 6 of this Part of this
Schedule;

(c)in the case of a flight navigator that on the date on which the certificate
was signed the holder of the licence of which it forms part produced his
navigation logs, charts and workings of astronomical observations to the
person signing the certificate and satisfied him that he had appropriate
experience in the capacity to which the licence relates within the
appropriate period specified in paragraph 6 of this Part of this Schedule;

(d)in the case of a pilot or flight engineer the type or types of aircraft in
which the experience was gained;

(e) the date on which it was signed.

Period of experience

6. A certificate of experience shall not be valid unless the experience certified
was gained within the period of 13 months preceding the signing of the certificate
in the case of Cases A, E, F and H, or 6 months preceding the signing of the
certificate in the case of Case D.

Period of Validity of Certificate of Experience

7. A certificate of experience shall not be valid more than 6 months after it
was signed for Case D nor more than 13 months after it was signed for any
other Case.

SCREDULE10 Article 62(2)

AiR TitAmc CommoLLEm: RATiNGs

1. The holder of a licence which includes ratings of two or more of the classes
specified in paragraph 2 of this Schedule shall not at any one time perform the
functions specified in respect of more than one of those ratings:

Provided that the functions of any one of the following groups of ratings may
be exercised at the same time:







(a) The Aerodrome Control Rating and the Approach Control Rating;





(b)The Approach Control Rating and the Approach Radar Control
Rating; except that the functions of the Approach Control Rating shall
not be exercised at the same time as the functions of the Approach Radar
Control Rating if the service being provided under the latter is a
surveillance radar approach terminating at a point less than 2 nautical
miles from the point of intersection of the glide path with the runway;

(e) The Area Control Rating and the Area Radar Control Rating.

2. Ratings of the following classes may be included in an air traffic controller's
licence (other than a student air traffic controller's licence) granted under Article
61 of the Order and, subject to the provisions of this Order and of the licence, the
inclusion of a rating in a licence shall have the consequences respectively specified
as follows:

(1)Aerodrome Control Rating shall entitle the holder of the licence, at any
aerodrome for which the rating is valid, to provide air traffic control
service (but not with any type of radar equipment for which a radar
control rating is required under this paragraph) for any aircraft on the
manoeuvring area or apron of that aerodrome or which is flying in the
vicinity of the aerodrome traffic zone by visual reference to the surface.

(2)Approach Control Rating shall entitle the holder of the licence, at any
aerodrome for which the rating is valid, to provide air traffic control
service (but not with any type of radar equipment for which a radar
control rating is required under this paragraph) for any aircraft which is
flying in the vicinity of the aerodrome traffic zone whether or not it is
flying by visual reference to the surface.

(3)Approach Radar Control Rating shall entitle the holder of the licence, at
any aerodrome at which the rating is valid to provide air traffic control
service with the aid of any type of surveillance radar equipment for which
the rating is valid for any aircraft which is flying within 40 nautical miles
of the aerodrome traffic zone whether or not it is flying by visual
reference to the surface.

(4)Precision Approach Radar Control Rating shall entitle the holder of the
licence, at any aerodrome for which the rating is valid, to provide air
traffic control service with the aid of any type of precision approach
radar equipment for which the rating is valid.

(5)Area Control Rating shall entitle the holder of the licence at any place
for which the rating is valid to provide an air traffic control service
without the aid of any surveillance radar equipment.

(6)Area Radar Control Rating shall entitle the holder of the licence, at any
place for which the rating is valid, to provide air traffic control service
with the aid of any type of surveillance radar equipment for which the
rating is valid.

SCHEDULE11 Article 25

PuBLic TRANspoRT-OPERATioNAL REQUI1M~

PART A. OPERATIONS MANUAL

Information and instructions relating to the following matters shall be
included in the operations manual referred to in Article 25(2) of this Order:

(i) the number of the crew to be carried in the aircraft, on each stage of any
route to be flown, and the respective capacities in which they are to act,
and instructions as to the order and circumstances in which command is
to be assumed by members of the crew;

(ii) the respective duties of each member of the crew and the other members






of the operating staff;

(iii) the scheme referred to in Article 51(1Xc)Q) of this Order;





(iv) such technical particulars concerning the aircraft, its engines and
equipment and concerning the performance of the aircraft as may be
necessary to enable the flight crew of the aircraft to perform their
respective duties;

(v) the manner in which the quantities of fuel and oil to be carried by the
aircraft are to be computed and records of fuel and oil carried and
consumed on each stage of the route to be flown are to be maintained;
the instructions shall take account of all circumstances likely to be
encountered on the flight including the possibility of failure of one or
more of the aircraft engines;

(vi) the manner in which the quantity, if any, of oxygen and oxygen
equipment to be carried in the aircraft for the purpose of complying with
Scale K in Schedule 5 to this Order is to be computed;

(vii) the check system to be followed by the crew of the aircraft prior to and
on take-off, on landing and in an emergency, so as to ensure that the
operating procedures contained in the operations manual and in the flight
manual or performance schedule forming part of the relevant certificate
of airworthiness are complied with;

(viii) the circumstances in which a radio watch is to be maintained;

(ix) the circumstances in which oxygen is to be used by the crew of the
aircraft, and by passengers;

(x) communication, navigational aids, aerodromes, local regulations, inflight
procedures, approach and landing procedures and such other information
as the operator may deem necessary for the proper conduct of flight
operations; the information referred to in this paragraph shall be
contained in a route guide, which may be in the form of a separate
volume;

(t) the reporting in flight to the notified authorities of meteorological
observations;

(xii) the minimum altitudes for safe flight on each stage of the route to be
flown and any planned diversion therefrom, such minimum altitudes being
not lower than any which may be applicable under the law of the
Territory or of the countries whose territory is to be flown over;

(xiii) the particulars referred to in Article 30 of this Order;

(xiv) emergency flight procedures, including procedures for the instruction of
passengers in the position and use of emergency equipment and
procedures to be adopted when the commander of the aircraft becomes
aware that another aircraft or a vessel is in distress and needs assistance;

(xv) in the case of aircraft intended to fly at an altitude of more than 49,000
feet the procedures for the use of cosmic radiation detection equipment:

Provided that in relation to any flight which is not one of a series of flights
between the same two places it shall be sufficient if, to the extent that it is not
practicable to comply with paragraphs (x) and (xii), the manual contains such
information and instructions as will enable the equivalent data to be ascertained
before take-off.

noottienvaihdolla sonineet: sekk
PART B. CREw TRAINING AND TEsTs Article 27

1. The training, experience, practice and periodical tests required under Article
27(2) of this Order in the case of members of the crew of an aircraft engaged on a
flight for the purpose of public transport shall be as follows:







(1) The Crew
Every member of the crew shall-

(a)have been tested within the relevant period by or on behalf of the
operator as to his knowledge of the use of the emergency and life
saving equipment required to be carried in the aircraft on the ffight;
and

(b)have practised within the relevant period under the supervision of the
operator or of a person appointed by him for the purpose, the
carrying out of the duties required of him in case of an emergency
occurring to the aircraft, either in an aircraft of the type to be used on
the flight or in apparatus approved by the Governor for the purpose
and controlled by persons so approved.





(2) nots

(a)Every pilot included, in the flight crew who is intended by the
operator to fly as pilot in circumstances requiring compliance with
the Instrument Flight Rules shall within the relevant period have
been tested by or on behalf of the operator

(i) as to his competence to perform his duties while executing
normal manoeuvres and procedures in flight, in an aircraft of
the type to be used on the flight, including the use of the
instruments and equipment provided in the aircraft;

(ii) as to his competence to perform his duties in instrument flight
conditions while executing emergency manoeuvres and
procedures in flight, in an aircraft of the type to be used on the
flight, including the use of the instruments and equipment
provided in the aircraft.

A pilot's ability to carry out normal manoeuvres and
procedures shall be tested in the aircraft in flight.

The other tests required by this sub-paragraph may be conducted
either in the aircraft in flight, or under the supervision of a person
approved by the Governor for the purpose by means of a flight
simulator approved by the Governor. The tests specified in sub-
paragraph WW(ii) of this paragraph when conducted in the aircraft
in flight shall be carried out either in actual instrument flight
conditions or in instrument flight conditions simulated by means
approved by the Governor.

(b)Every pilot included in the flight crew whose licence does not include
an instrument rating or who, notwithstanding the inclusion of such a
rating in his licence, is not intended by the operator to fly in
circumstances requiring compliance with the Instrument Flight Rules,
shall within the relevant period have been tested, by or on behalf of
the operator in flight in an aircraft of the type to be used on the
flight:

(i) as to his competence to act as pilot thereof, while executing
normal manoeuvres and procedures, and

(ii) as to his competence to act as pilot thereof while executing
emergency manoeuvres and procedures.

(c)Every pilot included in the flight crew who is seated at flying
controls during take-off or landing shall within the relevant period:

(i) have been tested as to his proficiency in using instrument
approach-to-land systems of the type in use at the aerodromes
of intended landing and any alternate aerodromes, such test
being carried out either in flight in instrument flight conditions
or in instrument flight conditions simulated by means approved
by the Governor or under the supervision of a person approved
by the Governor for the purpose by means of a flight simulator
approved by the Governor; and

(ii) have carried out when seated at the flying controls not less than
three take-offs and three landings in aircraft of the type to be
used on the flight(a).

(3) Right Engineers

Every flight engineer included in the flight crew shall within the relevant
period have been tested by or on behalf of the operator:







(a)as to his competence to perform his duties while executing normal
procedures in flight, in an aircraft of the type to be used on the
flight;

(b)as to his competence to perform his duties while executing
emergency procedures in flight, in an aircraft of the type to be used
on the flight.

A flight engineer's ability to carry out normal procedures shall be tested
in an aircraft in flight.

(a) Added, S.I. 1978 No. 1520. (L.N. 83180)





The other tests required by this sub-paragraph may be conducted either in
an aircraft in flight, or under supervision of a person approved by the
Governor for the purpose by means of a flight simulator approved by the
Governor.

(4) Flight Navigators and Flight Radio Operators

Every flight navigator and flight radio operator whose inclusion in the
flight crew is required under Article 18(4) and (5) respectively of this
Order shall within the relevant period have been tested by or on behalf of
the operators as to his competence to perform his duties in conditions
corresponding to those likely to be encountered on the flight

(a)in the case of a flight navigator, using equipment of the type to be
used in the aircraft on the flight for purposes of navigation;

(b)in the case of a flight radio operator using radio equipment of the type
installed in the aircraft to be used on.the flight, and including a test of
his ability to carry out emergency procedures.

(5) Aircraft Commanders

(a)The pilot designated as commander of the aircraft for the flight shall
within the relevant period

(i) have demonstrated to the satisfaction of the operator that he
has adequate knowledge of the route to be taken, the aerodromes
of take-ofr and landing, and any alternate aerodromes, including
in particular his knowledge of

the terrain,
the seasonal meteorological conditions,

the meteorological communications, and air traffic facilities,
services and procedures,

the search and rescue procedures, and
the navigational facilities,

relevant to the route;

(ii) [Deleted, S.L 1978 No. 1520. (L.N. 83180)]
(iii) [Deleted, S.L 1978 No. 1520. (L.N. 83180)]

(b)In determining whether a pilot's knowledge of the matters referred to
in sub-paragraph (affl) is sufficient to render him competent to
perform the duties of aircraft commander on the flight, the operator
shall take into account the pilot's flying experience in conjunction
with the following

(i) the experience of other members of the intended flight crew;

(ii) the influence of terrain and obstructions on departure and
approach procedures at the aerodromes of takc-ofF and
intended landing and at alternate aerodromes;

(iii) the similarity of the instrument approach procedures and

let-down aids to those with which the pilot is
familiar;

(iv) the dimensions of runways which may be used in the course
of the flight in relation to the performance limits of aircraft of
the type to be used on the flight;







(y) the reliability of meteorological forecasts and the probability of
difficult meteorological conditions in the areas to be traversed;

(vi) the adequacy of the information available regarding the
aerodroine of intended landing and any alternate aerodromes;

(vii) the nature of air traffic control procedures and familiarity of the
pilot with such procedures;

(viii) the influence of terrain on route conditions and the extent of
the assistance obtainable en route from navigational aids and air-
to-ground communication facilities;

(ix) the extent to which it is possible for the pilot to become familiar
with unusual aerodrome procedures and features of the route by
means of ground instruction and training devices.

(6) [Deleted, S.L 1978 No. 1520. (L.N. 83180)l





(7) For the purposes of this paragraph-

'instrument flight conditione' means weather conditions such that the

pilot is unable to fly by visual reference to objects outside the aircraft; -
relevant period' means a period which immediately precedes the

commencement of the ffight, being a period-
(a) in the case of sub-paragraph QXc)(ii) of this paragraph, of
3 months;(a)
(b) in the case of sub-paragraphs (2)(aXii), QXb)(ii), (2)(c)(i) and
(3)(b) of this paragraph, of 6 months;(b)
(c) in the case of sub-paragraphs (1), (2)(a)(i), QXb)(i). (3)(a), (4)

and (5)(a)(i) of this paragraph, of 13 months:

Provided that-

(i) any pilot of the aircraft to whom the provisions of
subparagraph (2)(aXii). (2)(b)(ii) or (2)(c)(i) and any flight
engineer of the aircraft to whom the provisions of
subparagraph (3)(b) of this paragraph apply shall for the
purposes of the flight be deemed to have.complied with
such requirements respectively within the relevant period
if he has qualified to perforin his duties in accordance
therewith on two occasions within the period of 13
months immediately preceding the flight, such occasions
being separated by an interval of not less than 4
months;(a)

(ii) the requirements of sub-paragraph (5)(a)(i) shall be deemed
to have been complied with within the relevant period by a
pilot designated as commander of the aircraft for the flight
if, having become qualified so to act on flights between the
same places over the same route more than 13 months
before commencement of the flight, he has within the
period of 13 months immediately preceding the flight
flown as pilot of an aircraft between those places over that
route.

2. (1) The records required to be maintained by an operator under Article
27(2) of this Order shall be accurate and up-to-date records so kept as to show, on
any date, in relation to each person who has during the period of two years
immediately preceding that date flown as a member of the crew of any public
transport aircraft operated by that operator

(a)the date and particulars of each test required by this Schedule undergone by
that person during the said periodIncluding the name and qualifications of
the examiner;

(b)the date upon which that person last practised the carrying out of duties
referred to in paragraph 1(1)(b) of this Schedule;

(c)the operator's conclusions based on each such test and practice as to that
person's competence to perform his duties;

(d)the date and particulars of any decision taken by the operator during the
said period in pursuance of paragraph 1(5)(a)(i) of this Schedule including
particulars of the evidence upon which that decision was based.

(2) The operator shall whenever called upon to do so by any authorized person
produce for the inspection of any person so authorized all records referred to in the
preceding sub-paragraph and furnish to any such person all such information as he
may require in connection with any such records and produce for his inspection all
log books, certificates, papers and other documents, whatsoever which he may






reasonably require to see for the purpose of determining whether such records are
complete or of verifying the accuracy of their contents.

(3) The operator shall at the request of any person in respect of whom he is
required to keep records as aforesaid furnish to that person. or to any operator of
aircraft for the purpose of public transport by whom that person may subsequently
be employed, particulars of any qualifications in accordance with this Schedule
obtained by such person whilst in his service.

(a) Amended, S.I. 1978 No. 1520. (L.N. 83180)

(b) Replaced, S.I. 1978 No. 1520. (L.N. 83180)





PART C. TRAINING MANUAL

The following information and instructions in relation to the training,
experience, practice and periodical tests required under Article 27(2) of this Order
shall be included in the training manual referred to in Article 26(2) of this Order;

(i) the manner in which the training, practice and periodical tests required
under Article 27(2) and specified in Part B of Schedule 11 to this Order
are to be carried out;

(ii) (a)the minirawn qualifications and experience which the operator
requires of persons appointed by him to give or to supervise the said
training, practice and periodical tests; and

(b)the type of training, practice and periodical tests which each such
person is appointed to give or to supervise; and

(c)the type of aircraft in respect of which each such person is appointed
to give or to supervise the said training, practice and periodical tests;

(iii) the minimum qualifications and experience required of each member of
the crew undergoing the said training, practice and periodical tests;

(iv) the syllabus for, and specimen forms for recording, the said trai ing,
practice and periodical tests;

(v) the manner in which instrument ffight conditions and engine failure are to
be simulated in the aircraft in flight;

(vi) the extent to which the said training and testing is permitted in the course
of flights for the purpose of public transport;

(vii) the use to be made in the said training and testing of apparatus approved
for the purpose by the Governor.

SCHEDULE 12 Articles 54 and 56

DocumENTs To BE CARRIED BY AmcRAFr REGISTERED IN THE
TERRITORY

On a flight for the purpose of public transport:

Documents A, B, C, D, E, F, H and, if the flight is internatiftal air
navigation: Document G.

On a flight for the purpose of the public transport of paasengers:
Document J.

On a flight for the purpose of aerial work:

Documents A, B, C, E, F and, if the flight is international air navigation,
Document G.

On a flight, being international air navigation, for a purpose other than public
transport or aerial work:

Documents A, B, C and G.

For the purposes of this Schedule:

'W' means the licence in force in respect of the aircraft radio station installed
in the aircraft, and the current telecommunication log book required by
this Order;

'B' means the certificate of airworthiness in force in i~espect of the aircraft;







---Wmeans the licences of the members of the flight crew of the aircraft;





'D' means one copy of the load sheet, if any, required by Article 28 of this
Order in respect of the flight;

'E' means one copy of each certificate of maintenance, if any, in force in
respect of the aircraft;

'F' means the technical log, if any, in which entries are required to be made
under Article 9(6) and the log book, if any, in which entries are required
to be made under Article 10(5) of this Order;

'G' means the certificate of registration in force in respect of the aircraft;

'H' means the operations manual, if any, required by Article 25(2Xa)(iii) of
this Order to be carried on the flight;

'J' means one copy of the certificate of release, if any, in force in respect of
the aircraft.

For the purposes of this Schedule:

'International air navigation' means any flight in which a landing is made
outside the Territory or State in which the aircraft commences the flight.

SCHEDULE13 Article 84

PENALTIES

PART A. PROVISIONS REFERRED TO IN ARTICLE 84(5)

Article 3 Article 36(2)
Article 5 Article 47
Article 11(2) and (5) Article 64(2)
Article 15 Article 68(4)
Article 16(3) Article 70
Article 28(5) Article 74
Article 35 Article 75(1) and (2)
Article 82

PART 13. PROVISIONS REFERRED TO IN ARTICLE 84(6)

Article 6 Articles 29 to 34, inclusive
Article 7 Article 36(1)
Article 9(1) Articles 37 to 46, inclusive
Article 10(1) Article 48
Article 11 (except paragraphs (2)Article 49
and (5)) Articles 51 to 53, inclusive
Article 13 Article 59 (except paragraph (3))
Article 14 Article 60 (except paragraph (4))
Article 16 (except paragraph (3))Article 62 (except paragraph (4))
Article 18 Article 64 (except paragraph (2))
Article 19 Article 65
Article 23 Article 66
Article 25 Article 69
Article 26 Article 76A(a)
Article 27 Article 77
Article 28 (except paragraph (5))Article 78
Article 79
Article 80

(a) Added, S.I. 1978 No. 1520. (L.N. 83/80)





SCHEDULE14 Axticle 60

RULES OF THE AIR AND AIR TRAFFIC
CONTROL

SECTION I

INTERPRETATION

1. In these Rules, unless the context otherwise requires-

'Air traffic control clearance' means authorization by an air traffic control unit for
an aircraft to proceed under conditions specified by that unit.

'Anti-collision light' means a flashing red light showing in all directions for the
purpose of enabling the aircraft to be more readily detected by the pilots of
distant aircraft.

'Apron' means the part of an aerodrome provided for the stationing of aircraft for
the embarkation and disembarkation of passengers, the loading and unloading
of cargo and for parking.

'Ground visibility' means the horizontal visibility at ground level.

'IFR flight' means a flight conducted in accordance with the Instrument Flight
Rules in Section VI of these Rules.

'Manoeuvring area' means the part of an aerodrome provided for the take-off and
landing of aircraft and for the movement of aircraft on the surface, excluding
the apron and any part of the aerodrome provided for the maintenance of
aircraft.

'Runway' means an area, whether or not paved, which is provided for the take-off
or landing run of aircraft.

'WR Fliglit' means a flight conducted in accordance with the Visual Flight Rules in
Section V of these Rules.

SECTION II

GENERAL

Application ofRules to aircraft

2. These Rules, in so far as they are applicable in relation to aircraft, shall,
subject to the provisions of Rule 29 of these Rules, apply in relation to

(a) all aircraft within the Territory; and

(b) all aircraft registered in the Territory, wherever they may be.

Misuse of Signals and Markings

3. (1) A signal or marking to which a meaning is given by these Rules, or which
is required by these Rules to be used in circumstances or for a purpose therein
specified, shall not be used except with that meaning, or for that purpose.

(2) A person in an aircraft or on an aerodrome or at any place at which an
aircraft is taking off or landing shall not make any signal which may be confused
with a signal specified in these Rules, and, except with lawful authority, shall not
make any signal which he knows or ought reasonably to know to be a signal in use
for signalling to or from any of Her Majesty's naval, military or air force aircraft.

-Reporting hazardous conditions

4. The commander of an aircraft shall, on meeting with hazardous conditions
in the course of a flight, or as soon as possible thereafter, send to the appropriate
air traffic control unit by the quickest means available information containing such
particulars of the hazardous conditions as may be pertinent to the safety of other
aircraft.

Low Flying

5. (1) Subject to the piovisions of paragraphs (2) and (3) of this Rule:

(a)An aircraft other than a helicopter shall not fly over any congested area of
a city, town or settlement below





(i) such height as would enable the aircraft to alight clear of the area
and without danger to persons or property on the surface, in the event of
failure of a power unit; or

(ii) a height of 1,500 feet above the highest fixed object within 2,000
feet of the aircraft,

whichever is the higher.

(b)A helicopter shall not fly below such height as would enable it to alight
without danger to persons or property on the surface, in the event of
failure of a power unit.

(c)Except with the permission in writing of the Governor and in accordance
with any conditions therein specified a helicopter shall not fly over a
congested area of a city, town or settlement below a height of 1,500 feet
above the highest fixed object within 2,000 feet of the helicopter.

(d) An aircraft shall not fly-

(i) over, or within 3,000 feet of, any assembly in the open air of more
than 1,000 persons assembled for the purpose of witnessing or
participating in any organized event, except with the permission in
writing of the Governor and in accordance with any conditions therein
specified and with the consent in writing of the organizers of the event;
or

(ii) below such height as would enable it to alight clear of the assembly
in the event of the failure of a power unit:

Provided that where a person is charged with an offence under this
Order by reason of a contravention of this sub-paragraph, it shall be a
good defence to prove that the flight of the aircraft over, or within
3,000 feet of, the assembly was made at a reasonable height and for a
reason not connected with the assembly or with the event which was the
occasion for the assembly.

(e)An aircraft shall not fly closer than 500 feet to any person, vessel,
vehicle or structure.

(2)(a) The provisions of paragraph (1XaXii) and (1)(c) of this Rule shall not
apply to an aircraft flying--

(i) on a route notified for the purposes of this Rule, or

(ii) on a special VFR flight as defined in Rule 23 of these Rules in
accordance with instructions given for the purposes of that Rule by the
appropriate air traffic control unit;

(iii) any aircraft while it is flying under and in accordance with the
terms of an aerial application certificate granted to the operator thereof
under Article 39A of the Order.(a)

(b)Paragraph MW and (e) of this Rule shall not apply to an aircraft which is
being used for police purposes.

(c)Paragraph (1)(d) and (e) of this Rule shall not apply to the flight of an
aircraft over or within 3,000 feet of an assembly of persons gathered for
the purpose of witnessing an event which consists wholly or principally of
an aircraft race or contest or an exhibition of flying, if the aircraft is
taking part in such race, contest or exhibition or is engaged on a flight
arranged by, or made with the consent in writing of, the organizers of the
event.

(d) Paragraph (1)(e) of this Rule shall not apply to-







(i) any aircraft while it is landing or taking off in accordance with
normal aviation practice;

(ii) any glider while it is hill-soaring;

(iii) any aircraft while it is flying in accordance with proviso (f of
Article 39(2) of this Order.

(3) Nothing in this Rule shall prohibit an aircraft from flying in such a manner
as is necessary for the purpose of saving life.

(a) Added, S.I. 1978 No. 1520. (L.N. 83/80)





(4) Nothing in this Rule shall prohibit.any aircraft from flying in accordance
with normal aviation practice, for the purpose of taking off from, landing at or
practising approaches to landing at, or checking navigational aids or procedures at,
a Government aerodrome or a licensed aerodrome in the Territory or at any
aerodrome in any other country:

Provided that the practising of approaches to landing shall be confined to the
airspace customarily used by aircraft when landing or taking ofr in accordance with
normal aviation practice at the aerodrome concerned.

(5) Nothing in this Rule shall apply to any captive balloon or kite.

Simulated instrument flight

6. An aircraft shall not be flown in simulated instrument flight conditions
unless

(a) the aircraft is fitted with dual controls which are functioning properly;

(b)an additional pilot (in this Rule called 'a safety pilot') is carried in a
second control scat of the aircraft for the purpose of rendering such
assistance as may be necessary to the pilot flying the aircraft; and

(c)if the safety pilot's field of vision is not adequate both forward and to
each side of the aircraft, a third person, being a competent observer,
occupies a position in the aircraft which from his field of vision makes
good the deficiencies in that of the safety pilot, and from which he can
readily communicate with the safety pilot.

For the purposes of this Rule the expression 'simulated instrument flight'
means a flight during which mechanical or optical devices are used in order to
reduce the field of vision or the range of visibility from the cockpit of the aircraft.

Practice Instrument Approaches

7. Within the Territory an aircraft shall not carry out instrument approach
practice when flying in Visual Meteorological Conditions unless

(a)the appropriate air traffic control unit has previously been informed that
the flight is to be made for the purpose of instrument approach practice;
and

(b)if the flight is not being carried out in simulated instrument flight
conditions, a competent observer is carried in such a position in the
aircraft that he has an adequate field of vision and can readily
communicate with the pilot flying the aircraft.

SECTION III

LIGH75 AND OTHER SIGNAU TO BE SHOWN OR MADE BY AIRCRAFT

General

8. (1) For the purposes of this Section of these Rules the horizontal plane of a
light shown in an aircraft means the plane which would be the horizontal plane
passing through the source of that light, if the aircraft were in level flight.

(2) Where by reason of the physical construction of an aircraft it is necessary
to fit more than one lamp in order to show a light required by this Section of these
Rules, the lamps shall be so fitted and constructed that, so far as is reasonably
practicable, not more than one such lamp is visible from any one point outside the
aircraft.

(3) Where in these Rules a light is required to show through specified angles in
the horizontal plane, the lamps giving such light shall be so constructed and fitted






that the light is visible from any point in any vertical plane within those angles
throughout angles of 90' above and below the horizontal plane, but, so far as is
reasonably practicable, through no greater angle, either in the horizontal plane or
the vertical plane.

(4) Where in these Rules a light is required to show in all directions, the lamps
giving such light shall be so constructed and fitted that, so far as is reasonably
practicable, the light is visible from any point in the horizontal plane and on any
vertical plane passing through the source of that light.





Display of Lights by Aircraft

9. (1) By night an aircraf t shall display such of the lights specified in

these Rules as may be appropriate to the circumstances of the case, and shall
not display any other lights which might obscure or otherwise impair the
visibility of, or be mistaken for, such lights:

Provided that nothing in this paragraph shall prevent the display of an anti-
collision light.

(2) A flying machine on a land aerodrome in the Territory at which aircraft
normally land or take off at night shall, unless it is stationary on the apron or a
part of the aerodrome provided for the maintenance of aircraft, display by night
either the lights which it would be required to display if it were flying, or the lights
specified in Rule 11(2)(a) or 11(2)(c) of these Rules.

Failure of Navigation Lights

10. In the Territory, in the event ofthe failure ofany light which is
required by these Rules to be displayed in flight, if the light cannot be immediately
repaired or replaced the aircraft shall land as soon as in the opinion of the
commander of the aircraft it can safely do so, unless authorized by the appropriate
air traffic control unit to continue its flight.

Flying Machines

11. (1) A flying machine when flying at night shall display lights as follows:

(a)in the case of a flying machine registered in the Territory having a
maximum total weight authorized of more than 5,700 kg. the system of
lights specified in paragraph (2)(b) of this Rule;

(b)in the case of a flying machine registered in the Territory having a
maximum total weight authorized of 5,700 kg. or less, any one of the
following systems of lights

that specified in paragraph (2)(a) of this Rule, or that specified in
paragraph (2)(b); or

that specified in paragraph (2)(d), excluding sub-paragraph (ii);

(c)in the case of any other flying machine one of the systems of lights
specified in paragraph (2) of this Rule.

(2) The systems of lights referred to in paragraph (1) of this Rule are as
follows:

(a) (i) a green light of at least five candela showing to the starboard side
through an angle of 110' from dead ahead in the horizontal plane;

(ii) a red light of at least five candela showing to the port side through
an angle of 110' from dead ahead in the horizontal plane; and

(iii) a white light of at least three candela showing through angles of 70'
from dead astern to each side in the horizontal plane,

all being steady lights;

(b) (i) the lights specified in sub-paragraph (a) of this paragraph; and

(ii) an anti-collision light;

(c)the lights specified in sub-paragraph (a) of this paragraph, but all being
flashing lights flashing together;







(d)the lights specified in sub-paragraph (a) of this paragraph, but all being
flashing lights flashing together in alternation with one or both of the
following:

(i) a flashing white light of at least twenty candela showing in all
directions;

(ii) a flashing red light of at least twenty candela showing through
angles of 70' from dead astern to each side in the horizontal plane.

(3) If the lamp showing either the red or the green light specified in paragraph
(2)(a) of this Rule is fitted more than 2 metres from the wing tip, a lamp may
notwithstanding the provisions of Rule 9(1) of these Rules, be fitted at the wing tip
to indicate its position showing a steady light of the same colour through the same
angle.





Gliders

12. A glider while flying at night shall display either a steady red light of at
least five candela, showing in all directions, or lights in accordance with Rule 11(2)
and (3) of these Rules.

Free Balloons

13. A free balloon while flying at night shall display a steady red light of at
least five candela showing in all directions, suspended not less than 5 metres and not
more than 10 metres below the basket, or if there is no basket, below the lowest
part of the balloon.

Captive Balloons and Kites

14. (1) A captive balloon or kite while flying at night at a height exceeding 60
metres above the surface shall display lights as follows:

(a)a group of two steady lights consisting of a white light placed 4 metres
above a red light, both being of at least five candela and showing in all
directions, the white light being placed not less than 5 metres or more
than 10 metres below the basket, or if there is no basket, below the lowest
part of the balloon or kite;

(b)on the mooring cable, at intervals of not more than 300 metres measured
from the group of lights referred to in sub-paragraph (a) of this paragraph,
groups of two lights of the colour and power and in the relative positions
specified in that sub-paragraph, and, if the lowest group of lights is
obscured by cloud, an additional group below the cloud base; and

(c)on the surface, a group of three flashing lights arranged in a horizontal
plane at the apexes of a triangle, approximately equilateral, each side of
which measures at least 25 metres; one side of the triangle shall be
approximately at right angles to the horizontal projection of the cable
and shall be delimited by two red lights; the third light shall be a green light
so placed that the triangle encloses the object on the surface to which the
balloon or kite is moored.

(2) A captive balloon while flying by day at a height exceeding 60 metres
above the surface shall have attached to its mooring cable at intervals of not more
than 200 metres measured from the basket, or, if there is no basket, from the
lowest part of the balloon, tubular streamers not less than 40 centimetres in
diameter and 2 metres in length, and marked with alternate bands of red and white
50 centimetres wide.

(3) A kite flown in the circumstances referred to in paragraph (2) of this Rule
shall have attached to its mooring cable either:

(a) tubular streamers as specified in paragraph (2) of this Rule, or

(b)at intervals of not more than 100 metres measured from the lowest part
of the kite, streamers of not less than 80 centimetres long and 30
centimetres wide at their widest point and marked with altemate bands of
red and white 10 centimetres wide.

Airships

15. (1) Except as provided in paragraph (2) of this Rule, an airship while
flying at night shall display the following steady lights:

(a)a white light of at least five candela showing through angles of 110' from
dead ahead to each side in the horizontal plane;

(b)a green light of at least five candela showing to the starboard side through
an angle of 110' from dead ahead in the horizontal plane;







(c)a red light of at least five candela showing to the port side through an
angle of 110' from dead ahead in the horizontal plane; and

(d)a white light of at least five candela showing through angles of 70' from
dead astem to each side in the horizontal plane.

(2) An airship while flying at night shall display, if it is not under command, or
has voluntarily stopped its engines, or is being towed, the following steady lights:





(a) the white lights referred to in paragraph (IXa) and (d) of this Rule;

(b)two red lights, each of at least five candela and showing in all directions
suspended below the control car so that one is at least 4 metres above the
other and at least 8 metres below the control car; and

(c)if the airship is making way but not otherwise. the green and red lights
referred to in paragraph (1)(b) and (c) of this Rule:

Provided that an airship while picking up its moorings, notwithstanding

that it is not under command, shall display only the lights specified in paragraph
(1) of this Rule.

(3) An airship, while moored within the Territory by night, shall display the
following lights:

(a)when moored to a mooring mast, at or near the rear a white light of at
least five candela showing in all directions;

(b) when moored otherwise than to a mooring mast:

(i) a white light of at least five candela showing through angles of 110'
from dead ahead to each side in the horizontal plane;

(ii) a white light of at least five candela showing through angles of 70'
from dead astern to each side in the horizontal plane.

(4) An airship while flying by day, if it is not under command, or has

voluntarily stopped its engines, or is being towed, shall display two black balls
suspended below the control car so that one is at least 4 metres above the other
and at least 8 metres below the control car.

(5) For the purposes of this Rule:

(a)an airship shall be deemed not to be under command when it is unable to
execute a manoeuvre which it may be required to execute by or under
these Rules;

(b)an airship shall be deemed to be making way when it is not moored and is
in motion relative to the air.

SECTION IV

GENERAL FLIGHT RULES

Weather reports andforecasts

16. (1) Immediately before an aircraft flies the commander of the aircraft
shall examine the current reports and forecasts of the weather conditions on

the proposed flight path, being reports and forecasts which it is reasonably
practicable for him to obtain, in order to determine whether Instrument

Meteorological Conditions prevail or are likely to prevail during any part of the
flight.

(2) An aircraft which is unable to communicate by radio with an air traffic
control unit at the aerodrome of destination shall not begin a flight to an
aerodrome within a control zone if the information which it is reasonably

miles or the cloud ceiling is less than 1,500 feet, unless the commander of the
aircraft has obtained from an air traffic control unit at that aerodrome permission
to enter the aerodrome traffic zone.







Rules for avoiding aerial collisions

17. (1) General

(a)Notwithstanding that the flight is being made with air traffic control
clearance it shall remain the duty of the commander of an aircraft to take
all possible measures to ensure that his aircraft does not collide with any
other aircraft.

(b)An aircraft shall not be flown in such proxin-dty to other aircraft as to
create a danger of collision.

(c)Aircraft shall not fly in formation unless the commanders of the aircraft
have agreed to do so.

(d)An aircraft which is obliged by these Rules to give way to another aircraft
shall avoid passing over or under the other aircraft, or crossing ahead of
it, unless passing well clear of it.





(e)An aircraft which has the right-of-way under this Rule shall maintain its
course and speed.

(f)For the purposes of this Rule a glider and a flying machine which is towing
it shall be considered to be a single aircraft under the command of the
commander of the towing flying machine.

(2) Converging

(a)Subject to the provisions of paragraphs (3) and (4) of this Rule, an aircraft
in the air shall give way to other converging aircraft as follows:

(i) flying machines shall give way to airships, gliders and balloons;

(ii) airships shall give way to gliders and balloons;

(iii) gliders shall give way to balloons.

(b)Subject to the provisions of sub-paragraph (a) of this paragraph, when two
aircraft are converging in the air at approximately the same altitude, the
aircraft which has the other on its right shall give way:

Provided that mechanically driven aircraft shall give way to aircraft
which are towing other aircraft or objects.

(3) Approaching Head-on

When two aircraft are approaching head-on or approximately so in the air and
there is danger of coWsion, each shall alter its course to the right.

(4) Overtaking

An aircraft which is being overtaken in the air shall have the right-of-way and
the overtaking aircraft, whether climbing, descending or in horizontal flight, shafl
keep out of the way of the other aircraft by altering course to the right, and shall
not cease to keep out of the way of the other aircraft until that other aircraft has
been passed and is clear, notwithstanding any change in the relative positions of the
two aircraft:

Provided that a glider overtaking another glider in the Territory may alter its
course to the right or to the left.

(5) Landing

An aircraft while landing or on final approach to land shall have the rightof-
way over other aircraft in flight or on the ground or water.

(6) Two or more aircraft landing

In the case of two or more flying machines or gliders approaching any place
for the purpose of landing, the aircraft at the lower altitude shall have the right-of-
way, but it shall not cut in front of another aircraft which is on final approach to
land or overtake that aircraft:

Provided that:

(a)when an air traffic control unit has communicated to any aircraft an order
of priority for landing, the aircraft shall approach to land in that order, and

(b)when the commander of an aircraft is aware that another aircraft is making
an emergency landing, he shall give way to that aircraft, and at night,
notwithstanding that he may have received permission to land, shall not
attempt to land until he has received further permission to do so.

Aerobatic Manoeuvres







18. An aircraft shall not carry out any aerobatic manoeuvre-

(a) over the congested area of any city, town or settlement; or

(b)within controlled airspace except with the consent of the appropriate air
traffic control unit.

Right-hand Traffic Rule

19. An aircraft which is flying within the Territory in sight of the ground and
following a road, railway, canal or coastline, or any other line of landmarks, shall
keep such line of landmarks on its left.





Notification of Arrival

20. (1) The commander of an aircraft entering or leaving the Territory on
any flight for which a flight plan has been submitted shall take all reasonable steps
to ensure upon landing that notice of the arrival of the aircraft is given to the
aerodrome of departure.

(2) The commander of an aircraft who has caused notice of its intended arrival
at any aerodrome to be given to the air traffic control unit or other authority at
that aerodrome shall ensure that the air traffic control unit or other authority at
that aerodrome is informed as quickly as possible of any change of intended
destination and any estimated delay in arrival of 45 minutes or more.

Flight in Notified Airspace

21. In relation to flights in Visual Meteorological Conditions in controlled
airspace notified for the purposes of this Rule, the commander of an aircraft shall
comply with Rules 27 and 28 of these Rules as if the flights were IFR flights:

Provided that the commander of the aircraft shall not elect to continue the
flight in compliance with the Visual Flight Rules for the purposes of Rule 27(3).

Choice of VFR or IFR

22. Subject to the provisions of Rule 21 of these Rules an aircraft shall always
be flown in accordance with the Visual Flight Rules or the Instrument Flight Rules..

Provided that in the Territory an aircraft flying at night

(a)outside a control zone shall be flown in accordance with the Instrument
Flight Rules; or

(b)in a control zone shall be flown in accordance with the Instrument Flight
Rules or the provisions of the proviso to Rule 23(b) of these Rules.

SECTION V

VISUAL FLIGHT RULES

23. The Visual Flight Rules shall be as follows:

(a) Outside controlled airspace

(i) an aircraft flying outside controlled airspace above 3,000 feet above
mean sea level shall remain at least one nautical mile horizontally
and 1,000 feet vertically away from cloud and in a flight visibility
of at least five nautical miles;

(ii) an aircraft other than a helicopter flying outside controlled airspace
at or below 3,000 feet above mean sea level shall remain at least one
nautical mile horizontally and 1,000 feet vertically away from cloud
and in a flight visibility of at least three nautical miles:

Provided that this sub-paragraph shall be deemed to be complied
with if the aircraft is flown at a speed which according to its air
speed indicator is 140 knots or less and remains clear of cloud, in
sight of the surface and in a flight visibility of at least one nautical
mile;

(iii) a helicopter flying outside controlled airspace at or below 3,000 feet
above mean sea level shall remain clear of cloud and in sight of the
surface, or at least one nautical mile horizontally and 1,000 feet
vertically away from cloud and in a flight visibility of at least 3
nautical miles.







(b) Within controlled airspace

A,n aircraft flying within controlled airspace shall remain at least
one nautical mile horizontally and 1,000 feet vertically away from cloud
and in a flight visibility of at least five nautical miles:

Provided that in a control zone, in the case of a special VFR flight,
the aircraft shall be flown in accordance with any instructions given by
the appropriate air traffic control unit.

For the purposes of this Rule, 'special VFR flight' means a flight
made in Instrument Meteorological Conditions or at night in a control
zone or in a control zone notified for the purposes of Rule 21 of these





Rules, or in any airspace to which special rules apply made by the
Governor under Article 60(6) of this Order, in respect of which the
appropriate air traffic control unit has given permission for the flight to
be made in accordance with special instructions given by that unit instead
of in accordance with the Instrument Flight Rules.

SECTION VI

INSTRUmiNT FLIGHT RULES

24. The Instrume nt Flight Rules shall be as follows:

(a) Outside controlled airspace

In relation to flights outside controlled airspace Rules 25 and 26 of
these Rules shall apply.

(b) Within controlled airspace

In relation to flights within controlled airspace Rules 25, 27 and 28
of these Rules shall apply.

Minimum Height

25. Without prejudice to the provisions of Rule 5 of these Rules, in order to
comply with the Instrument Flight Rules an aircraft shall not fly at a height of less
than 1,000 feet above the highest obstacle within a distance of five nautical miles
of the aircraft unless:

(a) it is necessary for the aircraft to do so in order to take off or land; or

(b) the aircraft is flying on a route notified for the purposes of this Rule; or

(c)the aircraft has been otherwise authorized by the competent authority; or

(d)the aircraft is flying at an altitude not exceeding 3,000 feet above mean sea
level and remains clear of cloud and in sight of the surface.

Quadrantal Rule and Semi-Circular Rule

26. In order to comply with the Instrument Flight Rules an aircraft when in
level flight above 3,000 feet above mean sea level outside controlled airspace shall
be flown at a level appropriate to its magnetic track, in accordance with the
appropriate table set forth in this Rule. The level of flight shall be measured by an
altimeter set according to the system published by the competent authority in
relation to the area over which the aircraft is flying:(a)

Provided that an aircraft may be flown at a level other than the level required
by this Rule if it is flying in conformity with instructions given by an air traffic
control unit or in accordance with notified en-route holding patterns or in
accordance with holding procedures notified in relation to an aerodrome.

TABLE I-FLIGHTS AT LEVELS BELOW 24,500 FEET

Magnetic Track Cruising Level

Less than 90 ................ Odd thousands of feet. 90' but less than 180P.....
..... Odd thousands of feet 500 feet.

180' but less than 270 ........... Even thousands of feet.

270' but less than 360 ........... Even thousands of feet 500 feet.

TABLE II-FLIGHTS AT LEVELS ABOVE 24,500 FEET







Magnetic Track Cruising Level

Less than 180 ... .. ...... 25,000 feet.
.....................27,000 feet.
.....................29,000 feet or higher levels at
.....................intervals of 4,000 feet.

180' but less than 360 . ........ 26,000 feet.
.........28,000 feet.
.........31,000 feet or higher levels at
.........intervals of 4,000 feet.

(a) Replaced, S.I. 1978 No. 1520. (L.N. 83/80)
Flight Plan and Air Traffic Control Clearance

27. (1) In order to comply with the Instrument Flight Rules, before an
aircraft either takes off from a point within any controlled airspace or otherwise
flies within any controlled airspace the commander of the aircraft shall cause a
flight plan to be communicated to the appropriate air traffic control unit and
shall obtain an air control clearance based on such flight plan.

(2) The flight plan shall contain such particulars of the intended flight as
may be necessary to enable the air traffic control unit to issue an air traffic
control clearance, or for search and rescue purposes.

(3) The commander of the aircraft shall fly in conformity with-

(a) the air traffic control clearance issued for the flight, as amended by
any further instructions given by an air traffic control unit; and

(b) the holding and instrument approach procedures notified in relation
to the aerodrome of destination, unless he is otherwise authorized by
the air traffic control unit there:

Provided that he shall not be required to comply with the foregoing
provisions of this paragraph if:

(i) he is able to fly in uniterrupted Visual Meteorological Conditions
for so long as he remains in controlled airspace, and

(ii) he has informed the appropriate air traffic control unit of his intention
to continue the flight in compliance with Visual Flight Rules and has
requested that unit to cancel his flight plan.

(4) If for the purpose of avoiding immediate danger any departure is made
from the provisions of paragraph (3) of this Rule (as is permitted by Article
60(3) of this Order) the commander of the aircraft shall, in addition to causing
particulars to be given in accordance with Article 60(4) of this Order, as soon
as possible inform the appropriate air traffic control unit of the deviation.

(5) The commander of the aircraft after it has flown in controlled airspace
shall, unless he has requested the appropriate air traffic control unit to cancel
his flight plan, forthwith inform that unit whne the aircraft lands within or
leaves the controlled airspace.

Position Reports
28. In order to comply with the Instrument Flight Rules the commander
of an aircraft in IFR flight who flies in or is intending to enter controlled air-
space shall report to the appropriate air traffic control unit the time, and the
position and level of the aircraft at such reporting points or at such intervals
of time as may be notified for this purpose or as may be directed by the air
traffic control unit.(a)

SECTION VII

AERODROME TRAFFIC RULES

Application of Aerodrome Traffic Rules

29. The Rules in this Section of these Rules which are expressed to apply
to flying machines shall also be observed, so far as is practicable, in relation to
all other aircraft.

Visual Signals

30. The Commander of a flying machine on, or in the traffic zone of, and
aerodrome shall observe such visual signals as may be displayed at, or directed
to him from the aerodrome by the authority of the person in charge of the
aerodrome and shall obey any instructions which may be given to hime by
means of such signals:

Provided that he shall not be required to obey the signals referred to in
Rule 42 of these Rules (Marshalling Signals) if in his opinion it is inadvisable
to do so in the interests of safety.

(a) Amended, S.I. 1978 No. 1520. (L.N. 83/80)




Access to andmovement on the Manoeuvring Area and other parts ofthe
aerodrome used by aircraft

31. (1) A person or vehicle shall not go on to any part of an aerodrome
provided for the use of aircraft and under the control of the person in charge of the
aerodrome without the permission of the person in charge of the aerodrome, and
except in accordance with any conditions subject to which that permission may
have been granted.

(2) A vehicle or person shall not go or move on'the manoeuvring area of an
aerodrome having an air traffic control unit without the permission of that unit,
and except in accordance with any conditions subject to which that permission may
have been granted.

(3) Any permission granted for the purposes of this Rule may be granted either
in respect of persons or vehicles generally, or in respect of any particular person or
vehicle or any class of person or vehicle.

Right of Way on the ground

32. (1) This Rule shall apply to-

(a) flying machines; and

(b) vehicles,

on any part of a land aerodrome provided for the use of aircraft and under the
control of the person in charge of the aerodrome.

(2) Notwithstanding any air traffic control clearance it shall remain the duty of
the commander of an aircraft to take all possible measures to ensure that his
aircraft does not collide with any other aircraft or with any vehicle.

(3)(a) Flying machines and vehicles shall give way to aircraft which are
taking off or landing.

(b)Vehicles, and flying machines which are not taking off or landing, shall
give way to vehicles towing aircraft.

(c) Vehicles which are not towing aircraft shall give way to aircraft.

(4) Subject to the provisions of paragraph (3) of this Rule and of Rule 34(3)(b)
of these Rules, in case of danger of collision between two flying machines

(a)when the two flying machines are approaching head-on or approximately
so, each shall alter its course to the right;

(b)when the two flying machines are on converging courses, the one which
has the other on its right shall give way to the other and shall avoid
crossing ahead of the other unless passing well clear of it;

(c)a flying mac hine which is being overtaken shall have the right-of-way,
and ti~e overtaking flying machine shall keep out of the way of the other
flying machine by altering its course to the left until that other flying
machine has been passed and is clear, notwithstanding any change
in the relative positions of the two flying machines.

(5) Subject to the provisions of paragraph (3)(b) of this Rule a vehicle shall

(a)overtake another vehicle so that the other vehicle is on the left of the
overtaking vehicle;

(b)keep to the left when passing another vehicle which is approaching head-
on or approximately so.







Dropping of Tow Ropes, etc.

33. Tow ropes, banners or similar articles towed by aircraft shall not be
dropped from aircraft except at an aerodrome and:

(a)in accordance with arrangements made with an air traffic control unit at
the aerodrome or, if there is no such unit, with the person in charge of
the aerodrome; or

(b)in the area designated by the marking described in Rule 39(7) of these
Rules, and the ropes, banners or similar articles shall be dropped when the
aircraft is flying in the direction appropriate for landing.





Aerodromes not having Air Traffic Control Units

34.(1) (a) An aircraft shall not fly within a zone which the commander of the
aircraft knows or ought reasonably to know to be the aerodrome traffic
zone of an aerodrome where no air traffic control unit is for the time
being notified as being on watch, except for the purpose of taking off or
landing at that aerodrome or observing the signals in the signals area with
a view to landing there, unless he has the permission of the person in
charge of the aerodrome.

(b)An aircraft flying within such a zone for the purpose of observing the
signals shall remain clear of cloud and at least 500 feet above the level of
the aerodrome.

(2) The commander of an aircraft flying in such a zone or moving on such an
aerodrome shall:

(a)conform to the pattern of traffic formed by other aircraft, or keep clear
of the airspace in which the pattern is formed;

(b) make all turns to the left unless ground signals otherwise indicate; and

(e)take off and land in the direction indicated by the ground signals or, if no
such signals are displayed, into the wind, unless good aviation practice
demands otherwise.

(3)(a) A flying machine or glider shall not land on a runway at such an
aerodrome unless the runway is clear of other aircraft.

(b) Where take-offs and landings are not confined to a runway-

(i) a flying machine or glider when landing shall leave clear on its left
any aircraft which has already landed or is already landing or is about to
take off; if such a flying machine or glider is obliged to turn, it shall turn
to the left after the commander of the aircraft has satisfied himself that
such action will not interfere with other traffic movements; and

(ii) a flying machine about to take off shall take up position and
manoeuvre in such a way as to leave clear on its left any aircraft which is
already taking off or is about to take off.

(4) A flying machine after landing shall move clear of the landing area in use
as soon as it is possible to do so.

Aerodromes having Air Traffic Control Units

35. (1) An aircraft shall not fly within a zone which the commander of the
aircraft knows or ought reasonably to know to be the aerodrome traffic zone of an
aerodrome where an air traffic control unit is for the time being notified as being
on watch, except for the purpose of observing any signals at that aerodrome with a
view to landing there, unless he has the permission of the appropriate air traffic
control unit.

(2) The commander of an aircraft flying in the aerodrome traffic* zone of an
aerodrome where an air traffic control unit is for the time being notified as being
on watch or moving on such an aerodrome shall

(a)cause a continuous watch to be maintained on the appropriate radio
frequency notified for air traffic control communications at the
aerodrome, or, if this is not possible, cause a watch to be kept for such
instructions as ma~ be issued by visual means;

(b)not taxi on the apron or manoeuvring area or take off or land anywhere
in the zone except with the permission of the air traffic control unit;







(c)comply with the provisions of Rule 34(1)(b), (2), (3) and (4) of these
Rules as if the aerodrome did not have an air traffic control unit. unless
he has the permission of the air traffic control unit at the aerodrome, or
has been instructed by that unit, to do otherwise.

(3) Without prejudice to the provisions of Rules 20 and 27 of these Rules, the
commander of an aircraft shall, immediately upon arrival at, or prior to departure
from. an aerodrome within the Territory having an air traffic control unit, ensure
that such unit is informed of the flight which he has just made or which he is about
to undertake.





SECTION VIII

AERODROME SIGNALS AND MARKINGS; VISUAL AND AURAL
SIGNALS

General

36. (1) Whenever any signal specified in this Section of these Rules is given or
displayed, or whenever any marking so specified is displayed, by any person in an
aircraft, or at an aerodrome, or at any other place which is being used by aircraft
for landing or take-ofr, it shall, when given or displayed in the Territory, have the
meaning assigned to it in this Section.

(2) All dimensions specified in this Section of these Rules shall be subject to a
tolerance of 10 per cent, plus or minus.

Signals in the Signals area

37. (1) When any signal specified in the following paragraphs of this Rule is
displayed it shall be placed in a signals area, which shall be a square visible in all
directions bordered by a white strip 30 centimetres wide the internal sides measuring
12 metres.

(2) A white landing T, as illustrated in this paragraph,

4 rn 1

40tm

F

m

4

kTA
40cm

Fig. 1

signifies that aeroplanes and gliders taking ofT or landing shall do so in a direction
parallel with the shaft of the T and towards the cross arm, unless otherwise
authorized by the appropriate air traffic control unit.





(3) A white disc 60 centimetres in diameter displayed alongside the cross arm
of the T and in line with the shaft of the T, as illustrated in this paragraph,

A

CZ60CM

Dimensions of 'T'
same as Figure 1

Fig. 2

signifies that the direction of landing and take-off do not necessarily coincide.

(4) A white dumb-bell, as illustrated in this paragraph,

40cm

Fig. 3

signifies that movements of aeroplanes and gliders on the ground shall be confined
to paved, metalled or similar hard surfaces.





(5) A white dumb-bell as described in (4) above but with a black strip 60
centimetres wide across each disc at right angles to the shaft to the dumb-bell, as
illustrated in this paragraph,

60cm

Fig. 4

signifies that aeroplanes and gliders taking off or landing shall do so on a runway
but that movement on the ground is not confined to paved, metalled or similar
hard surfaces.

(6) A red and yellow striped arrow, as illustrated in this paragraph,

-6m

77

40ctn
20cm
5M
RED
Y E LLOW

j m

Fig. 5

the shaft of which is at least one metre wide placed along the whole or not less than
a total of 11 metres of two adjacent sides of the signals area and pointing in a
clockwise direction signifies that a right-hand circuit is in force.





(7) A red panel 3 metres square with a yellow strip along one diagonal at least
50 centimetres wide, as illustrated in this paragraph,

3m

R 0
3m

:.RED

Fig. 6

signifies that the stat~ of the manoeuvring area is poor and pilots must exercise
special care when landing.

(8) A red panel 3 metres square with a yellow strip, at least 50 centimetres
wide, along each diagonal, as illustrated in this paragraph,

3m

3m

YELLOW STRIPES ON RED
BACKGROUND

Fig. 7

signifies that the aerodrome is unsafe for the movement of aircraft and that
landing on the aerodrome is prohibited.





(9) A white letter H, as illustrated in this paragraph,

20cm

2m

L-i

Fig. 8

signifies that helicopters shall take off and land only within the area designated by
the marking specified in Rule 39(5) of these Rules.

(10) A red letter L displayed on the dumb-belI specified in paragraphs (4) and
(5) of this Rule, as illustrated in this paragraph,

20cm

RED
I-5m

1M

Fig. 9

signifies that light aircraft are permitted to take off and land either on a runway or
on the area designated by the marking specified in Rule 39(6) of these Rules.





(11) A white double cross, as illustrated in this paragraph,

40cml 2.5m

SM

n& 10

signifies that glider flying is in progress.

Markings for Paved Runways and Taxiways
38. (1) Two or more white crosses, as illustrated in this paragraph,

Ion

ng. 11

displayed on a runway or taxiway, with the arms of the crosses at an angle of 45' to
the centre line of the runway, at intervals of not more than 300 metres signify
that the section of the runway or taxiway marked by them is unfit for the
movement of aircraft.





(2) A broken white line and a continuous line, as illustrated in this paragraph,

m

A TAXIWAY U
9

90CM%qu

45CM

RUNWAY

TAXIWAYh

'CM4

4_

INWAY

RUNWAY
CENTRE LINE

Fig. 12

signify a holding position beyond which no part of an aircraft or vehicle shall
project in the direction of the runway without permission from an air traffic,
control unit.

(3) Orange and white markers, as illustrated in this paragraph,

33CM 33CM
ORANGE MITE

rw

50CM

Fi& 13

spaced not more than 15 metres apart, signify the boundary of that part of a paved
runway, taxiway or apron which is unfit for the movement of aircraft.





Markings on Unpaved Manoeuvring Areas

39. (1) Markers with orange and white stripes of an equal width of not less
than 50 centimetres, with an orange strip at each end, as illustrated in this
paragraph,

VII

C.

Fi& 14

alternating with flags not less than 60 centimetres square showing equal orange and
white triangular areas, indicate the boundary of an area unfit for the movement of
aircraft and one or more white crosses as specified in Rule 38(1) of these Rules
indicate the said area. The distance between any two successive orange and white
flags shall not exceed 90 metres.

(2) Striped markers, as specified in paragraph (1) of this Rule, spaced not
more than 45 metres apart, indicate the boundary of an aerodrome.

(3) On structures, markers with orange and white vertical stripes, of an equal
width of not less than 50 centimetres, with an orange stripe at each end, as
illustrated in this paragraph,

50CM --t- 50CM 50CM

...........

ORANGE WHITE ORANGE Im

Fig. 15

spaced not more than 45 metres apart, indicate the boundary of an aerodrome. The
pattern of the marker shall be visible from inside and outside the aerodrome and
the marker shall be affixed not more than 15 centimetres from the top of the
structure.





(4) White flat rectangular markers 3 metres long and 1 metre wide at intervals
not exceeding 90 metres, flush with the surface of the unpaved runway or st6pway,
as the case may be, indicate the boundary of an unpaved runway or of a stopway.

(5) A white letter H, as illustrated in this paragraph,

Im

6m

3m -4

Fig. 16

indicates an area which shall be used only for the taking off and landing of
helicopters.

(6) A white letter L as illustrated in this paragraph,

6M

g
Dim
3 m ---4

n& 17

indicates a part of the manoeuvring area which shall be used only for the taking off
and landing of light aircraft.





(7) A yellow cross with two arms 6 metres long by 1 metre wide at right
angles, indicates that tow ropes and similar articles towed by aircraft shall only be
dropped in the area in which the cross is placed.

(8) A white double cross as illustrated in this paragraph,

1M

6m

12m

Fig. 18

indicates an area which shall be used only for the taking oIT and landing of gliders.

(9) A white landing T as specified in Rule 37(2) of these Rules placed at the
left hand side of the runway when viewed from the direction of landing indicates
the runway to be used, and at an aerodrome with no runway it indicates the
direction for take-ofF and landing.

Signals Visiblefrom the Ground

40.

M13K.WP A.P

(2) A checkered flag or board, 1.2 metres by 90 centimetres containing twelve
equal squares, 4 horizontally and 3 vertically, coloured red and yellow alternately,
signifies that aircraft may move on the manoeuvring area and apron only in
accordance with the permission of the air traffic control unit at the aerodrome.

(3) Two red balls 60 centimetres in diameter, disposed vertically one above
the other, 60 centimetres apart and suspended from a mast, signify that glider
flying is in progress at the aerodrome.

(4) Black arabic numerals in two-figure groups and, where parallel runways are
provided the letter or letters L (left), LC (left centre), C (centre), RC (right

centre) and R (right), placed against a yellow background,Indicate the direction

for take-ofT or the runway in use.-





(5) A black letter C against a yellow background, as illustrated in this
paragraph,

2m

.........................
. ..........

2m

..T

...........
.. .
.. ...
...........

......

VeLLOW 6ACKCAW~

Fig. 19

indicates the position at which a pilot can report to the air traffic control unit or
to the person in charge of the aerodrome.

(6) A rectangular green.flag of not less than 60 centimetres square flown from
a mast indicates that a right hand circuit is in force.

Lights and Pyrotechnic Signaisfor Control of Aerodrome Traffic

41. Each signal described in the first column of Table A, when directed from
an aerodrome to an aircraft or to a vehicle, or from an aircraft, shall have the
meanings respectively appearing in the second, third and fourth columns of that
Table opposite the description of the signal.

TABLE A-MEANING OF LIGHTS AND PYROTECHNIC SIGNALS

From an aerodrome

Characteristic From an aircraft
and colour of in flight to an
light beam or to an aircraft or aerodrome
pyrotechnic to an aircraft vehicle on the
in flightaerodrome

(a) Continuous Give way to other Stop.
red light aircraft and con~

tinue circling.

(b) Red
PYrotech- Do not land; waitImmediate assist-
nic light for permission. ance is re-
or quested.

Red flare f





From an aerodrome
Characteristic
and colour of From an aircraft
light beam pr to an aircraft or in flight to an

pyrotechnicto an aircraftvehicle on the aerodrome
in flight aerodrome

(c) Red flashes Do not land; Move clear of
aerodrome not landing area.

available for
landing.
(d) Green flashesReturn to aero- To an aircraft:

drome; wait for You may move

permission to on the manoeu-
land. vring area and
apron;
To a vehicle:
You may move
on the manoeu-
vring area.
(e) Continuous You may land.You may take off
green light (not applicable
to a vehicle).
Continuous By night: May 1
green land?
light, or By day: May I
Green land in direc-
flashes, tion diflerent
or from that in-

Green dicated by

pr,
y otech- landing T?

nic light

(g) White flashes Land at this Return to starting I am compelled

aerodrome after point on the to land.

receiving con- aerodrome.
tinuousgreen
light, and then,
afterreceiving
greenflashes,
proceed to the
apron.

(h) White py-
rotechnic
lights
Switching
on and
off the 1 am compelled
naviga- to land.
tion lights
Switching
on and
off the
landing






lights

Marshalling Signals (from a marshaller to an aircraft)

42. Each of the signals for the guidance of aircraft manoeuvring on or off the
ground, described in the first column of Table B, paragraphs (a) to (x) shall, in the
Territory, have the meaning set forth in the second column of that Table opposite
the description of the signal. By day any such signals shall be given by hand or by
circular bats and by night by torches or by illuminated wands.





F MARSHALLING SIGNALS (RULE 42)
In Daylight 1 1 By Night

nce





(c) Right arm down, left arm relx ~edly Open up starboard
moved upward and backward. Th( d engine or turn to port.
of arm movement indicates the i e of
turn.

(d) Left arm down, the right arm rep~ edly Open up port engine or
moved upward and backward. ThO, xed turn to starboard.
of arm movement indicates the r D of
turn.





Description of Signal Meaning In Daylight By Night
of Signal

(e)Arms repeatedly crossed above the head. Stop.
The speed of arm movement indicates the
urgency of the stop.

A circular motion of the right hand at Start engines.
head level, with the left arm pointing to
the appropriate engine.





(g) Arms extended, the palms facing inwards, Chocks inserted.
then swung from the extended position
inwards.

(h)Arms down, the palms facing outwards, Chocks away.
then swung outwards.





Description of Signal Meaning In Daylight By Night
1 of Signal

(j) Either arm and hand placed level with Cut engines.
the chest, then moved laterally with the
palm downwards.

(k) Arms placed down, with the palms Slow down.
towards the ground, then moved up and
down several times.





(1) Arms placed down, with the palms Slow down engines on
towards the ground, then either the right indicated side.
or left arm moved, up and down indicating
that the motors on the left or right side,
as the case may be, should be slowed
down.

(m) Arms placed above the head in a vertical This bay.
position.





Meaning In Daylight By Night
Description of Signal of Signal

(n) The right arm raised at the elbow, with All clear: Marshalling
the arm facing forward. finished.

(o) Arms placed horizontally sideways. Hover.

---------- j





(p)Arms placed down and crossed in front land.
of the body.

(q) Arms placed horizontally sideways with Move upwards.
the palms up beckoning upwards. The
speed of arm movement indicates the rate
of ascent.





Description of Signal Meaning In Daylight By Night
1 of Signal

(r) Arms placed horizontally sideways with Move downwards.
the palms towards the ground beckoning
downwards. lle speed of arm move-
ment indicates the rate of descent.





(s) Either arm placed horizontally sideways, Move horizontally.
then the other arm moved in front of the
body to that side, in the direction of the
movement, indicating that the helicopter
should move horizontally to the left or
right side, as the case may be; repeated
several times.





Description of Signal Meaning In Daylight By Night
of Signal

(t) Arms placed down, the palms facing Move back.
forward, then repeatedly swept up and
down to shoulder level.

(u) Left arm extended horizontally forward, Release load.
then right arm making a horizontal
slicing movement below left arm.





(v)Raise arm, with fist clenched, horizontally Release brakes.
in front of body, then extend fingers.

Raise arm and hand, with fingers Engage brakes.
extended, horizontally in front of body,
then clench fist.





Description of Signal Meaning In Daylight By Night
of Signal

(w) Left hand overhead with the number of Start Engine(s).
fingers extended, to indicate the number
of the engine to be started, and circular
motion of right hand at head level.





(x) Point left arm down, move right arm Back aircraft's tail to
down from overhead, vertical position to starboard.
horizontal forward position, repeating
right arm movement.

Point right arm down, move left arm Back aircraft's tail to
down from overhead, vertical position port.
to horizontal forward position, repeating
left arm movement.





Marshalling Signals (from a pilot of an aircraft to a marshaller)

43. The following signals made by a pilot in an aircraft to a marshaller on the
ground shall respectively have the following meanings:

Description of Signal Meaning of Signal

(a) Raise arm and hand with fingers extended Brakes engaged.
horizontally in front of face, then clench
fist.

(b)Raise arm with fist clenched horizontally Brakes released. in
front of face, then extend fingers.

(c) Arms extended palms facing outwards, Insert chocks.
move hands inwards to cross in front of
face.

(d)Hands crossed in front of face, palms Remove chocks. facing
outwards, move arms outwards.

(e) Raise the number of fingers on one hand Ready to start engines.
indicating the number of the engine to be
started. For this purpose the aircraft
engines shall be numbered in relation to
the marshaller facing the aircraft, from
his right to his left, for example, No. 1
engine shall be the port outer engine, No. 2
engine shall be the port inner engine, No. 3
engine shall be the starboard inner engine,
and No. 4 engine shall be the starboard
outer engine.

Distress. Urgency and Safety Signals

44. (1) The following signals, given either together or separately before the
sending of a message, signify that an aircraft is threatened by grave and imminent
danger and requests immediate assistance:

(a) by radiotelephony:
the spoken word 'MAYDAY';

(b) visual signalling:

(i) the signal SOS

(ii) a succession of pyrotechnic lights fired at short intervals each
showing a single red light;

(iii) a parachute flare showing a red light;

(c) by sound signalling other than radiotelephony:

(i) thes~SOS(...---...);

(ii) a continuous sounding with any sound apparatus.

(2) The following signals, given either together or separately, before the ~ding
of a message, signify that the commander of the aircraft wishes to give notice of
difficulties which compel it to land but that he does not require immediate
assistance:

(a) a succession of white pyrotechnic lights;

(b) the repeated switching on and o1T of the aircraft landing lights;







(c)the repeated switching on and ofr of its navigation lights, in such a
manner as to be clearly distinguishable from the flashing navigation lights
described in Rule 11 of thew Rules.

(3) The following signals, given either together or separately, indicate that the
commander of the aircraft has an urgent message to transmit concerning the safety
of a ship, aircraft, vehicle or other property or of a person on board or within sight
of the aircraft from which the signal is given:

(a) by radiotelephony:

the spoken word 'TAN`%





(b) by visual signalling:
the signal XXX

(c)by sound signalling other than radiotelephony: the signal XXX

Warning Signals to Aircraft in Flight

45. In the Territory, the following signals shall respectively have the
following meanings:

(a) (i) by day-a series of projectiles discharged at intervals of ten seconds,
each showing on bursting black or white smoke, or

(ii) by night-a series of projectiles discharged at intervals of ten
seconds, each showing on bursting white lights or stars, or an intermittent
white luminous beam directed at the aircraft,

indicates that the aircraft to which the signal is directed is in the vicinity
of such an area as is referred to in Article 64(1)(c) of this Order and is
required to change its course;

(b)by day or by night, a series of projectiles discharged at intervals of ten
seconds, each showing on bursting green lights or stars indicates that the
aircraft is required to land at the nearest aerodrome in accordance with
the provisions of Article 64 of this Order.

SECTION IX

Am TRAFFic CONTROL

Provision of Air Traffic Control Services

46. (1) At every aerodrome (othet than a Government aerodrome) which is
provided with means of two-way radio communication with aircraft and is either
situated in a control zone or is an aerodrome in respect of which the Governor has
given a direction to the proprietor or person in charge of the aerodrome requiring
air traffic control service to be provided there, the person in charge of the
aerodrome shall cause air traffic control service to be provided at all times when
the aerodrome is open for the take-off and landing of aircraft.

(2) At every aerodrome (other than a Government aerodrome) which is
provided with means of two-way radio communication with aircraft and with
equipment for providing holding aid, let-down aid or approach aid by radio or radar
the person in charge of the aerodrome shall inform the Governor in advance of
any period during which any of the said equipment will be in operation for the
purpose of providing holding aid, let-down aid or approach aid and, without
prejudice to paragraph (1) of this Rule, cause air traffic control service to be
provided at all times when the said equipment is notified as being in operation for
any of those purposes.

SCHEDULEIS Articles 9(4), 10(3), 11(2)

and (5), 14, 27(1)(c), 28(1)
and (4), 29(1), 73 and 79

AIR NAVIGATION (GENERAL)
REoULATIONS

Load Sheets

1. (1) Every load sheet required by Article 28(4) of this Order shall contain
the following particulars:

(a)the nationality mark of the aircraft to which the load sheet relates, and
the registration mark assigned to that aircraft by the Governor;







(b) particulars of the flight to which the load sheet relates;





(c) the total weight of the aircraft as loaded for that flight;

(d)the weights of the several items from which the total weight of the
aircraft, as so loaded, has been calculated including in particular the weight
of the aircraft prepared for service and the respective total weights of the
crew (unless included in the weight of the aircraft prepared for service),
passengers, baggage and cargo intended to be carried on the flight;

(e)the manner in which the load is distributed and the resulting position of
the centre of gravity of the aircraft which may be given approximately if
and to the extent that the relevant certificate of airworthiness so permits,

and shall include at the foot or end of the load sheet a certificate, signed by the
person referred to in Article 28(1) of this Order as responsible for the loading of
the aircraft, that the aircraft has been loaded in accordance with the written
instructions furnished to him by the operator of the aircraft pursuant to the said
Article 28.

(2) For the purpose of calculating the total weight of the aircraft the
respective total weights of the passengers and crew entered in the load sheet shall
be computed from the actual weight of each person and for that purpose each
person shall be separately weighed:

Provided that, in the case of an aircraft of which the maximum total weight
authorized exceeds 5,700 kg. or which has a total seating capacity of 12 or more
persons, the total weights of the passengers and crew may, subject to the provisions
of paragraph (4) of this Regulation, be calculated at not less than the weights shown
in Table 1 and the load sheet shall bear a notation to that efrect:

TABLE 1

Males over 12 years of age............... 75 kg.

Females over 12 years of age............65 kg.

Children aged 2 years or more, but not over 12 years

of age.. .. ........ 39 kg.

Infants under 2 years of age.. ...... 8 kg.

(3)(a) For the purpose of calculating the total weight of the aircraft the
respective total weights of the baggage and cargo entered in the load sheet
shall be computed from the actual weight of each piece of baggage, cargo
or cargo container and for that purpose each piece or container shall be
separately weighed:

Provided that, in the case of an aeroplane of which the maximum
total weight authorized exceeds 5,700 kg. or which has a total seating
capacity of 12 or more persons, the total weights of the baggage may,
subject to the provisions of paragraph (4) of this Regulation, be calculated
at not less than the weights shown in Table 2 and the load sheet shall
bear a notation to that efrect:

TABLE 2

1 2 3

Hold baggage per piece

Journey made Cabin baggage
by the aeroplaneper passenger*Scheduled Holiday
Journey Journey

Domestic.. 3 kg.10 kg. 13 kg.






European.. 3 kg.12 kg. 13 kg.

Intercontinental 3 kg. 14 kg. 16 kg.

Not infants under 2 years of age.





(b)If Table 2 has been used, subject to the provisions of paragraph (4) for
determining the weight of hold baggage, it shall also be used, subject as
aforesaid, for determining the weight of the cabin baggage.

(c) For the purposes of this Regulation:

(i) A journey made by an aeroplane shall be treated as domestic if it is
confined within such an area as may be prescribed.

(ii) A journey made by an aeroplane, not being a domestic journey,
shall be treated as European if it is confined within an area joining
successively the following points:

6603ON 30'00'W 6603ON W0TE
30'00N 39'0TE 30'00N 11 0001X
24'00'N 11 o0M 24o0ON 30o0OV
66'30N 30'001W

(iii) A journey made by an aeroplane shall be treated as
intercontinental if it is neither domestic nor European.

(iv) A journey made by an aeroplane shall be treated as a holiday
journey and not as a scheduled journey if it is made for the carriage of
passengers each of whom is carried pursuant to an agreement which
provides for carriage by air to a place outside the Territory, and back
from that place or from another place to the Territory- (whether or not
on the same aeroplane) and for accommodation at a place outside the
Territory.

(4)(a) If it appears to the person supervising the loading of the aircraft that
any passenger or baggage to be carried exceeds the weights set out in
Table 1 or Table 2 of this Regulation he shall, if he considers it necessary
in the interests of the safety of the aircraft, or if the Governor has so
directed in the particular case, require any such person or baggage to be
weighed for the purpose of the entry to be made in the load sheet.

(b)If any person or baggage has been weighed pursuant to sub-paragraph (a)
of this paragraph, the weights entered in the load sheet shall take account
of the actual weight of that person or baggage, or of the weight
determined in accordance with the respective provisos to paragraph (2)
or (3), whichever weight shall be the greater.

Weight and Performance: General provisions

2. (1) The assessment ofthe ability of an aeroplane to comply with the
requirements of Regulations 3 to 8 inclusive (relating to weight and performance)
shall be based on the specified information as to its performance:

Provided that, in the case of an aeroplane in respect of which there is in
force under this Order a certificate of airworthiness which does not include a
performance group classification, the assessment may be based on the best
information available to the commander of the aircraft, in so far as the relevant
information is not specified.

(2) In assessing the ability of an aeroplane to comply with condition (7) in
the Annex hereto, conditions (4) and (5) of Regulation 4, and conditions (2)(i)(b)
and (2)(ii) of Regulation 8, account may be taken of any reduction of the weight of
the aeroplane which may be achieved after the failure of a power unit by such
jettisoning of fuel as is feasible and prudent in the circumstances of the flight and
in accordance with the flight manual included in the certificate of airworthiness
relating to the aircraft.

(3) In Regulations 2 to 8 inclusive, and in the Annex hereto, unless the
context otherwise requires:







'specified' in relation to an aircraft means specified in, or ascertainable by
reference to

(a)the certificate of airworthiness in force under this Order in respect of
that aircraft; or

(b)the flight manual or performance schedule included in that certificate, or
other document, whatever its title, incorporated by reference in that
certificate;





'the emergency distance available' means the distance from the point on the
surface of the aerodrome at which the aeroplane can commence its take-off
run to the nearest point in the direction of take-off at which the aeroplane
cannot roll over the surface of the aerodrome and be brought to rest in an
emergency without risk of accident;

'the landing distance available' means the distance from the point on the surface
of the aerodrome above which the aeroplane can commence its landing,
having regard to the obstructions in its approach path, to the nearest point in
the direction of landing at which the surface of the aerodrome is incapable of
bearing the weight of the aeroplane under normal operating conditions or at
which there is an obstacle capable of affecting the safety of the aeroplane;

'the take-ofF distance available' means either the distance from the point on the
surface of the aerodrome at which the aeroplane can commence its take-off
run to the nearest obstacle in the direction of take-off projecting above the
surface of the aerodrome and capable of affecting the safety of the aeroplane
or one and one half times the take-ofr run available, whichever is the less;

'the take-off run available' means the distance from the point on the surface of
the aerodrome at which the aeroplane can commence its take-off run to the
nearest point in the direction of take-off at which the surface of the
aerodrome is incapable of bearing the weight of the aeroplane under normal
operating conditions.

(4) For the purposes of Regulations 2 to 8 inclusive, and of the Annex hereto:

(a)the weight of the aeroplane at the commencement of the take-off run
shall be taken to be its gross weight including everything and everyone
carried in or on it at the commencement of the take-off run;

(b)the landing weight of the aeroplane shall be taken to be the weight of the
aeroplane at the estimated time of landing allowing for the weight of the
fuel and oil expected to be used on the flight to the aerodrome at which it
is intended to land or alternate aerodrome, as the case may be;

(c)where any distance referred to in paragraph (3) of this Regulation has
been declared in respect of any aerodrome by the authority responsible
for regulating air navigation over the territory of the Contracting State in
which the aerodrome is situated, and in the case of an aerodrome in the
Territory, notified, that distance shall be deemed to be the relevant
distance.

(5) Nothing in Regulations 2 to 8 inclusive shall apply to any aircraft flying
solely for the purpose of training persons to perform duties in aircraft.

Weight and Performance of Public Transport Aeroplanes having no Performance
Group Classification in their Certificates of Airworthiness

3. With reference to Article 29(1) of this Order an aeroplane registered in the
Territory in respect of which there is in force under this Order a certificate of
airworthiness which does not include a performance group classification shall not
fly for the purpose of public transport unless the weight of the aeroplane at the
commencement of the take-off run is such that such of the conditions in the
Annex hereto as apply to that aircraft are satisfied.

Weight and Performance of Public Transport Aeroplanes classified as Aeroplanes
of Performance Group A in their Certificates of Airworthiness

4. With reference to Article 29(1) of this Order an aeroplane registered in the
Territory in respect of which there is in force under this Order a certificate of
airworthiness in which the aeroplane is designated as being of performance group A
shall not fly for the purpose of public transport unless the weight of the aeroplane
at the commencement of the take-off run is such that the following conditions are
satisfied:







(1)That weight does not exceed the maximum take-off weight for altitude
and temperature specified for the altitude and the air temperature at the
aerodrome at which the take-off is to be made.





(2)The take - off run, take-off distance and the emergency distance
respectively required for take - off specified as being appropriate to

(a)the weight of the aeroplane at the commencement of the take-off
run;

(b) the altitude at the aerodrome;

(c) the air temperature at the aerodrome;

(d)the condition of the surface of the runway from which the take-
off will be made;

(e)the slope of the surface of the aerodrome in the direction of takeoff
over the take-off run available, the take-off distance available and
the emergency distance available, respectively; and

(f)not more than 50 per cent of the reported wind component opposite
to the direction of take-off or not less than 150 per cent of the
reported wind component in the direction of take-off,

do not exceed the take-off run, the take - off distance and the emergency
distance available, respectively, at the aerodrome at which the take-off is
to be made; in ascertaining the emergency distance required, the point at
which the pilot is assumed to decide to discontinue the takeoff shall not
be nearer to the start of the take-off run than the point at which, in
ascertaining the take-off run required and the take-off distance required,
he is assumed to decide to continue the take-off, in the event of power
unit failure.
(3) (a)The net take-off flight path with one power unit inoperative,
specified as being appropriate to:

(i) the weight of the aeroplane at the commencement of the take-
off run;

(ii) the altitude at the aerodrome; (iii) the air temperature at the
aerodrome; and

(iv) not more than 50 per cent of the reported wind component
opposite to the direction of take-off or not less than 150 per
cent of the reported wind component in the direction of
takeoff,

and plotted from a point 35 feet or 50 feet, as appropriate, above
the end of the take-off distance required at the aerodrome at which
the take - off is to be made to a height of 1,500 feet above the
aerodrome, shows that the aeroplane will clear any obstacle in its
path by a vertical interval of at least 35 feet; and if it is intended
that the aeroplane shall change its direction of flight by more than
IS' the vertical interval shall not be less than 50 feet during the
change of direction.

(b)For the purpose of sub-paragraph (a) hereof an obstacle shall be
deemed to be in the path of the aeroplane if the distance from the
obstacle to the nearest point on the ground below the intended line
of flight of the aeroplane does not exceed:

(i) a distance of 60 metres plus half the wing span of the aeroplane
plus one eighth of the distance from such point to the end of
the take-off distance available measured along the intended line
of flight of the aeroplane; or

(ii) 1,500 metres, whichever is the less.







(c)In assessing the ability of the aeroplane to satisfy this condition, it
shall not be assumed to make a change of direction of a radius less
than the specified radius of steady turn.

(4)The aeroplane will, in the meteorological conditions expected for the
flight, in the event of any one power unit becoming inoperative at any
point on its route or on any planned diversion therefrom and with the
other power unit or units operating within the maximum continuous
power conditions specified, be capable of continuing the flight, clearing
by a vertical interval of at least 2,000 feet obstacles within 10 nautical
miles either side of the intended track, to an aerodrome at which it can
comply with condition (7) in this Regulation relating to an alternate
aerodrome, and on arrival over such aerodrome the gradient of the





specified net flight path with one power unit inoperative shall not be less
than zero at 1,500 feet above the aerodrome; and in assessing the ability
of the aeroplane to satisfy this condition it shall not be assumed to be
capable of flying at an altitude exceeding the specified maximum
permissible altitude for power unit restarting:

Provided that where the operator of the aeroplane is satisfied, taking
into account the navigation aids which can be made use of by the
aeroplane on the route, that the commander of the aeroplane will be able
to maintain his intended track on that route within a margin of 5 nautical
miles, the foregoing provisions of this paragraph shall have effect as if 5
nautical miles were substituted for 10 nautical miles.

(5)The aeroplane will, in the meteorological conditions expected for the.
flight, in the event of any two power units becoming inoperative at any
point along the route or on any planned diversion therefrom more than
90 minutes flying time in still air at the all power units operating
economical cruising speed from the nearest aerodrome at which it can
comply with condition (7) in this Regulation, relating to an alternate
aerodrome, be capable of continuing the flight with all other power units
operating within the specified maximum continuous power conditions,
clearing by a vertical interval of at least 2,000 feet obstacles within 10
nautical miles either side of the intended track to such an aerodrome, and
on arrival over such aerodrome the gradient of the specified net flight
path with two power units inoperative shall not be less than zero at 1,500
feet above the aerodrome; and in assessing the ability of the aeroplane to
satisfy this condition it shall not be assumed to be capable of flying at an
altitude exceeding the specified maximum permissible altitude for power
unit restarting:

Provided that where the operator of the aeroplane is satisfied, taking
into account the navigation aids which can be made use of by the
aeroplane on the route, that the commander of the aeroplane will be able
to maintain his intended track on that route within a margin of 5 nautical
miles, the foregoing provisions of this paragraph shall have effect as if 5
nautical miles were substituted for 10 nautical miles.

(6)The landing weight of the aeroplane will not exceed the maximum landing
weight specified for the altitude and the expected air temperature for the
estimated time of landing at the aerodrome at which it is intended to land
and at any alternate aerodrome.
(7) (a)The landing distances required, respectively specified as being
appropriate to aerodromes of destination and alternate aerodromes,
do not exceed at the aerodrome at which it is intended to land or at
any alternate aerodrome, as the case may be, the landing distance
available on:

(i) the most suitable runway for a landing in still air conditions;

and

(ii) the runway that may be required for landing because of the

forecast wind conditions:

Provided that if an alternate aerodrome is designated in the
flight plan, the specified landing distance required may be that
appropriate to an alternate aerodrome when assessing the ability of
the aeroplane to satisfy this condition at the aerodrome of
destination.

(b)For the purposes of sub-paragraph (a) hereof the landing distance
required shall be that specified as being appropriate to:







(i) the landing weight;

(ii) the altitude at the aerodrome;

(iii) the temperature in the specified international standard at

mosphere appropriate to the altitude at the aerodrome;

(iv) (aa) a level surface in the case of runways usable in both
directions;

(bb) the average slope of the runway in the case of runways
usable in only one direction; and




(v) (aa) still air conditions in the case of the most suitable runway
for a landing in still air conditions;

(bb) not more than 50 per cent ofthe forecast wind component
opposite to the direction of landing or not less than 150
per cent of the forecast wind component in the direction
of landing in the case of the runway that may be required
for landing because of the forecast wind conditions.

Weight and Performance of Public Transport Aeroplanes classified as Aeroplanes
of Performance Group C in their Certificates, of Airworthiness

5. With reference to Article 29(1) of this Order an aeroplane registered in the
Territory in respect of which there is in force under this Order a certificate of
airworthiness in which the aeroplane is designated as being of performance group C
shall not fly for the purpose of public transport unless the weight of the aeroplane
at the commencement of the take-off run is such that the following conditions are
satisfied:

(1)That weight does not exceed the maximum take - off weight specified for
the altitude and the air temperature at the aerodrome at which the take-
off is to be made.

(2)The take-off run required and the take-off distance required, specified as
being appropriate to:

(a)the weight of the aeroplane at the commencement of the take - off
run;

(b) the altitude at the aerodrome;

(c) the air temperature at the aerodrome;

(d)the average slope of the surface of the aerodrome in the direction of
take-off over the emergency distance available; and

(e)not more than 50 per cent of the reported wind component
opposite to the direction of take-off or not less than 150 per cent
of the reported wind component in the direction of take-off,

do not exceed the take-off run available and the emergency distance
available, respectively, at the aerodrome at which the take-off is to be
made.

(3) (a)Subject to condition (4) of this Regulation, the net take-off flight
path with all power units operating specified as being appropriate to:

(i) the weight of the aeroplane at the commencement of the take-
off run;

(ii) the altitude at the aerodrome;

(iii) the air temperature at the aerodrome;

(iv) not more than 50 per cent of the reported wind component

opposite to the direction of take-off or not less than 150 per
cent of the reported wind component in the direction of take-
off

and plotted from a point 50 feet above the end of the take-off
distance required at the aerodrome at which the take-off is to be
made to a height of 1,500 feet above the aerodrome shows that the
aeroplane will clear any obstacle in its path by a vertical interval of
not less than 35 feet; and if it is intended that the aeroplane shall






change its direction of flight by more than IS' before reaching 1,500
feet the vertical interval shall be not less than 50 feet while the
aeroplane is changing direction.

(b)For the purpose of sub-paragraph (a) hereof an obstacle shall be
deemed to be in the path of the aeroplane if the distance from the
obstacle to the nearest point on the ground below the intended line
of flight of the aeroplane does not exceed 75 metres.

(c)In assessing the ability of the aeroplane to satisfy this condition, it
shall not be assumed to make a change of direction of a radius less
than the specified radius of steady turn.




(4) (a)In the case of an aeroplane which is intended to be flown for any
period before reaching a height of 1,500 feet above the aerodrome
from which the take-off is to be made in conditions which will not
ensure that any obstacles can be located by means of visual
observation, the net take-off flight path with one power unit
inoperative specified as being appropriate to the factors contained in
sub-paragraphs (i) to (iv) of condition (3)(a) in this Regulation, and
plotted from the point on the net take - off flight path with all
power units operating specified as being appropriate to those factors
at which in the meteorological conditions expected for the flight the
loss of visual reference would occur, shows that the aeroplane will
clear by a vertical interval of not less than 35 feet any obstacle in its
path; and if it is intended that the aeroplane shall change its direction
of flight by more than 15' the vertical interval shall not be less than
50 feet during the change of direction.

(b)For the purpose of sub-paragraph (a) hereof an obstacle shall be
deemed to be in the path of the aerodrome if the distance from the
obstacle to the nearest point on the ground below the intended line
of flight of the aeroplane does not exceed:

(i) 75 metres plus one eighth of the distance from such point to the
end of the emergency distance available measured along the
intended line of flight of the aeroplane; or

00 1,500 metres,

whichever is the less.

(c)In assessing the ability of the aeroplane to satisfy this condition it
shall not be assumed to make a change of direction of a radius less
than the specified radius of steady turn.