Cap. 448 sub. leg. A

Air Transport (Licensing of Air Services) Regulations(Cap. 448, sections 12 and 13(6))* [4 November 1949](Format changes—E.R. 2 of 2014) Editorial Note: *These regulations were originally made under the Air Navigation Act 1936 (1936 c. 44 s. 5 U.K.) as applied by the Colonial Air Navigation (Application of Acts) Order 1937 (S.R. & O. 1937/378 U.K.) and the Colonial Air Navigation (Application of Acts) (Amendment) Order 1947 (S.R. & O. 1947/2738 U.K.). See now sections 12 and 13(6) of the Civil Aviation Ordinance, enacted in 1994 (Cap. 448). Part 1 Preliminary (L.N. 117 of 2021) 1. Interpretation In these regulations and the Schedule, unless the context otherwise requires—air operator’s certificate (航空營運人許可證) means an air operator’s certificate granted under Article 6 of the Air Navigation (Hong Kong) Order 1995 (Cap. 448 sub. leg. C); (L.N. 158 of 2011)air service (航空服務) means any service performed by any aircraft for hire or reward:Provided that a member of a club carried in an aircraft belonging to the club for the purposes of instruction shall not, if the instructor is also a member of the club, be deemed to be carried for hire or reward, notwithstanding that payment is made for such instruction or carriage;air services arrangements (航空服務安排) means—(a) any inter-governmental air services agreement or arrangements; and(b) any agreement between operators concerning air services,and includes any such agreement or arrangements between the Government of the Hong Kong Special Administrative Region and the Central People’s Government; (L.N. 22 of 1985; 36 of 1999 s. 3)authorized person (獲授權人士) means any person authorized by the Director-General of Civil Aviation, either generally or in relation to a particular case or class of cases; (L.N. 140 of 1969; L.N. 326 of 2000)Convention on International Civil Aviation (《國際民用航空公約》) and International Air Services Transit Agreement (《國際民用航空運輸過境協議》) mean respectively, the Convention and the Agreement so styled which, on 7 December 1944, were opened for signature at the International Civil Aviation Conference held at Chicago; (36 of 1999 s. 3)Director-General of Civil Aviation (民航處處長) means the person for the time being lawfully discharging in Hong Kong the functions of the office of Director-General of Civil Aviation; (36 of 1999 s. 3; L.N. 326 of 2000)licence (牌照) means a licence granted under regulation 11A; (L.N. 158 of 2011)Licensing Authority (牌照局) means the Air Transport Licensing Authority constituted by regulation 4;operating permit (經營許可證) means a licence granted under regulation 20A; (L.N. 22 of 1985)permit (許可證) means a permit granted under regulation 23;prescribed fee (訂明費用), in relation to a matter, means the fee prescribed for that matter in the Schedule; (L.N. 158 of 2011)provisional licence (臨時牌照) means a licence granted under regulation 13; (G.N.A. 165 of 1953; L.N. 105 of 1995)scheduled journey (編定航程) means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service operated in such a manner that the benefits thereof are available to members of the public from time to time seeking to take advantage of them; (L.N. 158 of 2011)temporary licence (短期牌照) means a licence granted under regulation 15F. (L.N. 158 of 2011)(L.N. 22 of 1985; 36 of 1999 s. 3) 1A. Application These Regulations do not apply to or in relation to a small unmanned aircraft within the meaning of section 3 of the Small Unmanned Aircraft Order (Cap. 448 sub. leg. G). (L.N. 117 of 2021; E.R. 5 of 2022) Part 2 Licences and Operating Permits for Scheduled Journeys 2. Exceptions Part 2 shall not apply to the carriage of passengers, mail or cargo by air for hire or reward upon journeys other than scheduled journeys.(E.R. 2 of 2014) 3. Restriction on use of aircraft on scheduled journeys (L.N. 158 of 2011)(1) A person may use any aircraft for the carriage in Hong Kong of passengers, mail or cargo for hire or reward on any scheduled journey between 2 places, one of which is in Hong Kong, only if—(a) (where the aircraft is registered in a country or place other than Hong Kong) the person uses the aircraft in accordance with an operating permit granted to the person in respect of the journey; or(b) (where the aircraft is registered in Hong Kong) the person—(i) holds an air operator’s certificate and uses the aircraft in accordance with a licence, provisional licence or temporary licence granted to the person in respect of the journey; or(ii) holds an equivalent document and uses the aircraft in accordance with an operating permit granted to the person in respect of the journey. (L.N. 158 of 2011)(2) A person who uses any aircraft in contravention of paragraph (1) commits an offence and is liable—(a) on summary conviction to a fine at level 6 and to imprisonment for 3 months; or(b) on conviction on indictment to a fine of $5,000,000 and to imprisonment for 2 years. (L.N. 158 of 2011)(3) The provisions of this regulation shall not apply in respect of the aircraft of any State, which is a party to the International Air Services Transit Agreement, which fly across Hong Kong without landing, or land in Hong Kong in accordance with the provisions of that Agreement. (36 of 1999 s. 3)(4) In this regulation— equivalent document (同等文件) means a document that is— (a) issued by an appropriate civil aviation authority of a place outside Hong Kong; and (b) recognized by the Director-General of Civil Aviation as equivalent to an air operator’s certificate. (L.N. 158 of 2011) 4. The Air Transport Licensing Authority (1) The Licensing Authority for the purposes of this Part shall consist of such number of members, not being less than 3, as the Chief Executive may from time to time determine, and shall be known as the “Air Transport Licensing Authority”.(2) Every member of the Licensing Authority shall be appointed by the Chief Executive, and, unless he shall earlier resign his office by writing under his hand addressed to the Chief Executive, shall hold office for such term as the Chief Executive shall at the time of making the appointment determine but shall be eligible for reappointment from time to time on the expiration of his term of office. The Chief Executive shall nominate one of the members to be Chairman.(3) The Chief Executive may from time to time appoint deputy members to act in the place of members who are ill or absent. Such deputy members may be appointed either for a specified term or to act in the place of a specified member during his illness or absence.(4) The Chief Executive may remove any member or deputy member from his office for inability or misbehaviour.(5) Where the Chief Executive proposes to appoint a person to be a member or deputy member of the Licensing Authority, he shall, before making the appointment require that person to declare whether he has any, and if so what, financial interest in any undertaking which provides transport for passengers or goods or which owns or operates aerodromes, manufactures aircraft, aircraft engines or accessories, or supplies aircraft fuel or lubricants. If any member or deputy member of the Licensing Authority acquires any such financial interest he shall, within 4 weeks after so doing, give notice thereof in writing to the Chief Executive specifying the interest so acquired, and the Chief Executive after taking the matter into consideration may, if he thinks fit, declare that the member or deputy member has vacated his office and the seat of such member or deputy member shall thereupon become vacant.(6) (a) The Chief Executive may appoint a person to be secretary to the Licensing Authority.(b) The Chief Executive may appoint any other person who, in the opinion of the Chief Executive, is necessary to enable the Licensing Authority to discharge their duties. (L.N. 158 of 2011)(c) (Repealed L.N. 215 of 2004)(7) The quorum at a meeting of the Licensing Authority for the dispatch of business is 3 members. (L.N. 4 of 2004)(8) Subject to the provisions of these regulations, the Licensing Authority may determine their own procedure. (L.N. 215 of 2004)(36 of 1999 s. 3) 5. (Repealed L.N. 158 of 2011) 6. Applications for licences (1) A person may apply to the Licensing Authority for a licence.(2) The application must—(a) be made in the form and manner specified by the Licensing Authority;(b) specify the routes on which the scheduled journeys to which the application relates are intended to be undertaken; and(c) be accompanied by—(i) a business plan covering the start-up phase and initial operation phase;(ii) if the applicant is a body corporate, the most recent management accounts and (if available) the latest audited financial statements of the applicant; and(iii) the prescribed fee.(3) The business plan must contain—(a) a detailed description of the applicant’s business activities related to the air services to which the application relates during the period to be covered;(b) the expected market development related to the business of those air services, and the investments intended to be carried out by the applicant in relation to this business, during that period; and(c) the implications of the activities, development and investments on the applicant’s financial position.(4) Without limiting paragraph (3), the business plan must contain the following information—(a) the details of the applicant’s financial interests in any other commercial activities in which the applicant is engaged either directly or through any related undertakings;(b) a projected statement of financial position of the applicant, including a projected statement of comprehensive income;(c) if the applicant is a body corporate—(i) the details of the shareholders of the applicant, including the type of shares held or to be held and any agreement or arrangement entered into by any shareholder which may restrict the future issue or transfer of the applicant’s shares or require any future issue of the applicant’s shares; and(ii) the articles of association of the applicant;(d) (if the applicant is a part of a group of undertakings) information on the relationship between these undertakings;(e) the details of the financing of aircraft purchase or leasing, including, in the case of leasing, the terms and conditions of the leasing contract;(f) the basis for any projected figures on the applicant’s expenditure and income, in particular, the figures on fuel, fares and rates, salaries, maintenance, depreciation, exchange rate fluctuations, airport charges, air navigation charges, ground handling costs and insurance;(g) a traffic or revenue forecast;(h) the details of the costs incurred during the start-up phase and an explanation of how these costs will be financed;(i) the details of existing and projected sources of finance and supporting documentation; and(j) a projected statement of cash flows and cash flows forecasts and requirements.(5) The Licensing Authority may—(a) require the applicant to provide any information that the Licensing Authority considers necessary for determining the application; and(b) refuse to proceed with processing the application if the information is not provided to the satisfaction of the Licensing Authority.(6) In this regulation—initial operation phase (營運首階段), in relation to an application under this regulation, means a period of 24 months beginning on the day on which the first scheduled journey to which the application relates is intended to be undertaken;management accounts (管理帳目), in relation to an applicant, means a document that consists of the following—(a) a statement of comprehensive income in which the items are broken down into—(i) amounts concerning the applicant’s business activities related to the air services to which the application relates; and(ii) all other amounts;(b) a statement of financial position of the applicant; and(c) a statement of cash flows of the applicant;related undertaking (相關企業), in relation to an applicant, means—(a) an undertaking that is a subsidiary undertaking, as construed in accordance with Schedule 1 to the Companies Ordinance (Cap. 622), of the applicant; or (28 of 2012 ss. 912 & 920 and L.N. 162 of 2013)(b) an undertaking over which the applicant, or the subsidiary undertaking, has a significant influence;start-up phase (創始階段), in relation to an application under this regulation, means the period beginning on the date of submission of the application to the day immediately before the first day of the initial operation phase.(7) For the purposes of the definition of related undertaking, a person is regarded as having a significant influence over another undertaking if—(a) the person holds 20% or more of the shares in the undertaking; or(b) the person is entitled to exercise, or control the exercise, of 20% or more of the voting rights at a general meeting of the undertaking.(L.N. 158 of 2011) 7. Publication of applications (1) The Licensing Authority must cause to be published in the Gazette on 2 occasions the key particulars relating to an application received by the Licensing Authority under regulation 6.(2) In paragraph (1)—key particulars (主要詳情) includes—(a) the name of the applicant;(b) the date of first publication of the application;(c) the routes on which the scheduled journeys to which the application relates are intended to be undertaken; and(d) a description of the services to be provided.(L.N. 158 of 2011) 8. Objections and representations (1) Responsible persons or bodies who may reasonably be considered by the Chief Executive to have an interest private or public in an application published under regulation 7 may make representations or objections with regard to the application. (36 of 1999 s. 3; L.N. 158 of 2011)(2) The representations or objections must be made—(a) in a form and manner specified by the Licensing Authority; and(b) within 14 days after the date of first publication of the application. (L.N. 158 of 2011) 9. Public and private inquiries (1) The Licensing Authority may, if they think fit, hold an inquiry for the purpose of determining an application published under regulation 7.(2) Before holding an inquiry in respect of an application, the Licensing Authority must give each interested person a written notice informing each of them of the inquiry.(3) An interested person must be given an opportunity of being heard at the inquiry.(4) Subject to paragraph (5), the inquiry may be held in public or in private.(5) The inquiry must be held in public if any interested person requests the Licensing Authority to do so in writing.(6) In this regulation—interested person (利益攸關者), in relation to an application, means—(a) the applicant; or(b) a person who has made a representation or an objection with regard to the application under regulation 8.(L.N. 158 of 2011) 10. Emergency grant of licence (1) If an application is made under regulation 6 for a licence to remain in force for a period not exceeding 30 days and the Licensing Authority are satisfied that it is in the public interest that the application should be determined with expedition, they may determine the application under this regulation and grant a licence accordingly.(2) Regulations 6(2)(c)(i) and (ii), (3) and (4), 7, 8 and 9 do not apply to the application.(3) Regulation 11A(2)(b) and (c) does not apply in respect of the grant of the licence.(L.N. 158 of 2011) 11. General policy of Licensing Authority (1) In exercising their discretion to grant, or to refuse to grant, a licence and their discretion to attach conditions to any licence, the Licensing Authority must have regard to—(a) the development of air services with the object of providing effective service to the public; and(b) the interests of the public, including those of persons requiring or likely to require facilities for air transport, as well as those of persons providing those facilities.(2) Without limiting paragraph (1), the Licensing Authority must have regard to the following matters—(a) the extent to which it is probable that the applicant will be able to provide a satisfactory service in respect of continuity, regularity of operation, frequency, punctuality, reasonableness of charges and general efficiency;(b) the financial resources of the applicant;(c) the type of aircraft proposed to be used;(d) the remuneration and general conditions of employment of aircrew and other personnel employed by the applicant.(3) The Licensing Authority must also have regard to any representations or objections made under regulation 8 or at any inquiry held under regulation 9.(L.N. 158 of 2011) 11A. Grant of licences (1) The Licensing Authority may grant a licence to undertake scheduled journeys on any or all of the routes to which the application relates.(2) The Licensing Authority may grant a licence under paragraph (1) only if the Licensing Authority are satisfied that—(a) the applicant holds an air operator’s certificate;(b) the applicant is able to meet at any time its actual and potential obligations established under realistic assumptions during the initial operation phase; and(c) the applicant is able to meet its fixed and operational costs incurred from the operation according to its business plan submitted under regulation 6 and established under realistic assumptions, for the first 3 months of the initial operation phase, without taking into account any income from the operation.(3) The Licensing Authority may specify in the licence the routes on which scheduled journeys may be undertaken.(4) The Licensing Authority may attach any conditions the Licensing Authority think fit to a licence having regard to the circumstances of the case.(5) Without limiting paragraph (4), every licence must have the following conditions attached to it—(a) the holder of the licence and any person having a financial interest in the business of the holder of the licence must not require any other person to—(i) refuse booking facilities to any other holder of a licence; or(ii) grant those facilities to that other holder only on onerous terms;(b) the holder of the licence must, on any scheduled journey undertaken under the licence, perform all such reasonable services as the Postmaster General may from time to time require in respect of—(i) the conveyance of mails; and(ii) the conveyance of any persons who may be in charge of the conveyance of mails;(c) the licence is valid only when the air operator’s certificate held by the holder of the licence is valid.(6) The remuneration for any service mentioned in paragraph (5)(b) is to be determined from time to time by agreement between the Postmaster General and the holder of the licence.(7) Any disputes and disagreements regarding the remuneration is subject to arbitration under the Arbitration Ordinance (Cap. 609).(8) In this regulation—initial operation phase (營運首階段), in relation to a licence under this regulation, means a period of 24 months beginning on the day on which the first scheduled journey to which the licence relates is intended to be undertaken.(L.N. 158 of 2011) 12. Period licences remain in force (1) A licence granted under regulation 11A is valid for a period not exceeding 5 years as determined by the Licensing Authority, and that period begins on the day specified as the effective date in the licence.(2) If, on the expiry of a licence, an application to the Licensing Authority for the renewal of the licence is pending, the licence continues to be in force until the application is determined by the Licensing Authority.(L.N. 158 of 2011) 13. Provisional licences pending determination of application (1) The Licensing Authority may if they think fit, pending the determination of an application for a licence, grant to the applicant a provisional licence to allow the applicant to use any aircraft for the carriage in Hong Kong of passengers, mail or cargo for hire or reward on any scheduled journey to which the application relates. (L.N. 158 of 2011)(2) Subject to paragraph (7), a provisional licence is valid for a period not exceeding 6 months as determined by the Licensing Authority, and that period begins on the day on which the provisional licence is granted. (L.N. 158 of 2011)(3) If, on the expiry of the provisional licence, an application to the Licensing Authority for the renewal of the provisional licence is pending, the provisional licence continues to be in force until the application is determined by the Licensing Authority. (L.N. 158 of 2011)(4) A provisional licence may be renewed once. (L.N. 158 of 2011)(5) Subject to paragraph (7), a renewed provisional licence is valid for a period not exceeding 6 months as determined by the Licensing Authority, and that period begins on the day immediately after the day on which the existing provisional licence, but for its renewal, would expire. (L.N. 158 of 2011)(6) Regulation 11A(3), (4), (5), (6) and (7) applies to a provisional licence as if it were a licence. (L.N. 158 of 2011)(7) If, during the validity period of a provisional licence—(a) the licence concerned is granted under regulation 11A, the provisional licence expires on the day immediately before the day on which the licence concerned begins to be valid;(b) the application for the licence is refused by the Licensing Authority, the provisional licence expires on a date decided by the Licensing Authority, which must not be earlier than the day on which the Licensing Authority give a notice in respect of the refusal under regulation 15(2)(b); or(c) the applicant for the licence gives a written notice to the Licensing Authority to withdraw the application, the provisional licence expires on the day on which the notice is given to the Licensing Authority. (L.N. 158 of 2011)(8) A provisional licence may be granted or renewed on application to the Licensing Authority under this regulation. (L.N. 158 of 2011)(9) The application must—(a) in the case of renewal, be made before the expiry of the provisional licence to be renewed;(b) be in the form and manner specified by the Licensing Authority; and(c) be accompanied by the prescribed fee. (L.N. 158 of 2011) 13A. Renewal of licences (1) The holder of a licence may apply for the renewal of the licence, which may include a request for the variation of the routes on which scheduled journeys may be undertaken.(2) The application must—(a) be made within 1 year before the expiry of the licence;(b) be made in the form and manner specified by the Licensing Authority;(c) be accompanied by any information the applicant considers relevant in supporting the position that the applicant is able to meet at any time its actual and potential obligations for a period of 12 months beginning on the renewal date; and(d) be accompanied by the prescribed fee.(3) The Licensing Authority may renew the licence, with or without any variation of the routes, only if the Licensing Authority are satisfied that—(a) the applicant holds an air operator’s certificate; and(b) the applicant is able to meet at any time its actual and potential obligations for a period of 12 months beginning on the renewal date.(4) A licence renewed under this regulation is valid for a period not exceeding 5 years as determined by the Licensing Authority, and that period begins on the renewal date.(5) Regulation 11A(3), (4), (5), (6) and (7) applies to a licence renewed under this regulation. (E.R. 5 of 2020)(6) Regulations 7, 8, 9 and 11 apply to an application under this regulation as if—(a) in regulation 7(1), the words “regulation 6” had been substituted by “regulation 13A”; and(b) in regulation 11(1), the words “grant, or to refuse to grant, a licence” had been substituted by “renew, or to refuse to renew, a licence”.(7) In this regulation—renewal date (續牌日期), in relation to the renewal of a licence under this regulation, means the day immediately after the day on which the licence, but for the renewal, would expire.(L.N. 158 of 2011) 13B. Variation of licences (1) The holder of a licence may apply for the variation of the licence in order to carry passengers, mail or cargo for hire or reward on scheduled journeys not specified in the licence (new scheduled journey).(2) The application must—(a) be made in the form and manner specified by the Licensing Authority;(b) specify the routes on which the new scheduled journeys are intended to be undertaken;(c) be accompanied by any information the applicant considers relevant in supporting the position that it is able to meet at any time its actual and potential obligations for a period of 12 months beginning on the day on which the first new scheduled journey to which the application relates is intended to be undertaken; and(d) be accompanied by the prescribed fee.(3) The Licensing Authority may approve the application, or any part of it, only if they are satisfied that the applicant is able to meet at any time its actual and potential obligations for a period of 12 months beginning on the day on which the first new scheduled journey to which the approval relates is intended to be undertaken.(4) Regulations 7, 8, 9 and 11 apply to an application under this regulation as if—(a) in regulation 7(1), the words “regulation 6” had been substituted by “regulation 13B”; and(b) in regulation 11(1), the words “grant, or to refuse to grant, a licence and their discretion to attach conditions to any licence” had been substituted by “approve, or to refuse to approve, an application under regulation 13B”.(L.N. 158 of 2011) 14. (Repealed L.N. 105 of 1995) 15. Publication of decisions by Licensing Authority (1) The Licensing Authority must cause to be published in the Gazette the particulars of their decisions regarding—(a) an application for a licence under regulation 6, including an application for the grant of a licence under regulation 10;(b) an application for a provisional licence or for the renewal of a provisional licence under regulation 13;(c) the expiry of a provisional licence under regulation 13(7);(d) an application for the renewal of a licence under regulation 13A;(e) an application for the variation of a licence under regulation 13B;(f) the revocation or suspension of a licence under regulation 15E(2)(a) or 16;(g) the attachment of new conditions to a licence under regulation 15E(2)(b);(h) the variation of existing conditions of a licence under regulation 15E(2)(c);(i) an application for a temporary licence under regulation 15F; or(j) the revocation of a temporary licence under regulation 15F.(2) The Licensing Authority must give a written notice of the decision to—(a) in the case of paragraph (1)(a), (b), (d), (e) or (i), the applicant;(b) in the case of paragraph (1)(c), the holder of the provisional licence;(c) in the case of paragraph (1)(f), (g) or (h), the holder of the licence; or(d) in the case of paragraph (1)(j), the holder of the temporary licence.(L.N. 158 of 2011) 15A. Corporate licensees’ duties to provide audited financial statements and other information (1) This regulation applies to the holder of a licence who is a body corporate (corporate licensee).(2) A corporate licensee must provide to the Licensing Authority within 6 months after the end of a financial year the audited financial statements of the corporate licensee relating to that financial year.(3) The corporate licensee must notify the Licensing Authority of—(a) any change in the ownership of any single shareholding which represents 10% or more of the total shareholding of the corporate licensee or of a holding company of the corporate licensee;(b) any change in the entitlement to exercise, or control the exercise of, voting rights of any person (either alone or with any associated person) which represents 10% or more of the voting rights at the general meetings of the corporate licensee or of a holding company of the corporate licensee; and(c) any change in the control of the corporate licensee,within 14 days after the change.(4) If a person who has control of the corporate licensee has entered into any share pledge agreement or similar arrangement which, as a consequence of an event of default or occurrence of certain circumstances as set out in the agreement or arrangement, is capable of leading to any change referred to in paragraph (3)(a), (b) or (c), the person must, within 14 days after the person has entered into the agreement or arrangement, notify the Licensing Authority of that fact.(5) For the purposes of paragraphs (3) and (4)—(a) control (控制權), in relation to a corporate licensee, means—(i) having the capacity to control, either alone or with any associated person, the composition of the board of directors of the corporate licensee or of a holding company of the corporate licensee; or(ii) either alone or with any associated person, being entitled to exercise, or control the exercise of, 30% or more of the voting rights at any general meeting of the corporate licensee or of a holding company of the corporate licensee;(b) a change in the control of a corporate licensee occurs if a person who did not control the corporate licensee as at the relevant date controls the corporate licensee subsequent to that date by reason of a transfer or issue of shares, or a transfer of voting rights, in the corporate licensee or a holding company of the corporate licensee to that person.(6) For the purposes of paragraph (5), the composition of the board of directors of the corporate licensee or a holding company of the corporate licensee is regarded to be controlled by another person if that other person has the power to appoint or remove all or a majority of the directors without the consent of any other person.(7) For the purposes of paragraph (6), a person (appointer) is regarded as having power to appoint a director of the corporate licensee or a holding company of the corporate licensee if—(a) without the exercise of the power in a person’s favour by the appointer, the person cannot be appointed as a director of the corporate licensee or a holding company of the corporate licensee; or(b) it necessarily follows from a person being a director or other officer of the appointer that the person is appointed as a director of the corporate licensee or a holding company of the corporate licensee.(8) In this regulation—associated person (相聯者) has the meaning given by section 18 of the Securities and Futures Ordinance (Cap. 571);holding company (控權公司) has the meaning given by section 13 of the Companies Ordinance (Cap. 622) for the purposes of that Ordinance. (28 of 2012 ss. 912 & 920 and L.N. 162 of 2013)(L.N. 158 of 2011) 15B. Licensees’ duty to report inability to meet obligations (1) If the holder of a licence is likely to become unable to meet any of the holder’s obligations to such an extent as to cause a material adverse effect on the operation of the air services being provided by the holder, the holder must forthwith report in writing all relevant facts, circumstances and information to the Licensing Authority.(2) If the holder of a licence intends to cease or ceases to operate any air services, the holder must forthwith notify the Licensing Authority in writing of that intention or cessation.(L.N. 158 of 2011) 15C. Offences relating to notifications (1) The holder of a licence who does not comply with regulation 15A(2) or (3) or 15B(1) or (2) commits an offence and is liable—(a) on summary conviction to a fine at level 6 and to imprisonment for 3 months; or(b) on conviction on indictment to a fine of $5,000,000 and to imprisonment for 2 years.(2) A person who does not comply with regulation 15A(4) commits an offence and is liable—(a) on summary conviction to a fine at level 6 and to imprisonment for 3 months; or(b) on conviction on indictment to a fine of $1,000,000 and to imprisonment for 1 year.(3) A person who, in purported compliance with regulation 15A(2), (3) or (4) or 15B(1) or (2), knowingly or recklessly furnishes the Licensing Authority with any information that is false or misleading in a material particular commits an offence and is liable—(a) on summary conviction to a fine at level 6 and to imprisonment for 3 months; or(b) on conviction on indictment to a fine of $1,000,000 and to imprisonment for 1 year.(L.N. 158 of 2011) 15D. Powers of Licensing Authority to require information (1) The Licensing Authority may at any time assess the financial position of the holder of a licence and require the holder to provide any relevant information.(2) A person who, in purported compliance with a requirement made under paragraph (1), knowingly or recklessly furnishes the Licensing Authority with any information that is false or misleading in a material particular commits an offence and is liable—(a) on summary conviction to a fine at level 6 and to imprisonment for 3 months; or(b) on conviction on indictment to a fine of $1,000,000 and to imprisonment for 1 year.(L.N. 158 of 2011) 15E. Licensing Authority may revoke, etc. licences if financial position of licensees is not satisfactory (1) The Licensing Authority may take any action under paragraph (2) against the holder of a licence if—(a) on an assessment under regulation 15D, the Licensing Authority are no longer satisfied that the holder is able to meet at any time its actual and potential obligations for a period of 12 months beginning on the date of the assessment;(b) insolvency or similar proceedings are commenced against the holder; or(c) the holder is wound up voluntarily.(2) The Licensing Authority may—(a) revoke or suspend the licence;(b) attach any new conditions to the licence; or(c) vary any existing conditions of the licence.(L.N. 158 of 2011) 15F. Temporary licences (1) If the Licensing Authority revoke a licence under regulation 15E, the holder of the licence may apply for a temporary licence.(2) The application must—(a) be made within 1 month after the revocation;(b) be made in the form and manner specified by the Licensing Authority; and(c) be accompanied by the prescribed fee.(3) The Licensing Authority may grant a temporary licence only if the Licensing Authority are satisfied that there is a realistic prospect of a satisfactory financial reconstruction being undertaken by the holder of the licence within the validity period of the temporary licence.(4) The Licensing Authority may attach any condition the Licensing Authority think fit to a temporary licence.(5) Subject to paragraph (6), a temporary licence is valid for a period not exceeding 12 months as determined by the Licensing Authority, and that period begins on the day on which the temporary licence is granted.(6) The Licensing Authority may revoke a temporary licence if the Licensing Authority are no longer satisfied that there is a realistic prospect of a satisfactory financial reconstruction being undertaken by the holder of the licence within the validity period of the temporary licence.(L.N. 158 of 2011) 16. Revocation or suspension of licences (1) Subject to paragraphs (2), (2A), (2B) and (2C), the Licensing Authority may revoke or suspend a licence if— (L.N. 158 of 2011)(a) the holder of the licence has, since the licence was granted, been convicted of an offence against regulation 3; or(b) where the holder of the licence is a body corporate, any officer of that body corporate has, since the licence was granted, been convicted, in his capacity as such officer, of an offence against regulation 3; or(c) the holder of the licence has failed to comply with any condition subject to which the licence was granted. (L.N. 158 of 2011)(2) Before revoking or suspending any licence under paragraph (1)(c), the Licensing Authority must give the holder of the licence a written notice specifying the ground on which the licence is proposed to be revoked or suspended. (L.N. 158 of 2011)(2A) Within 7 days after receiving a written notice under paragraph (2), the holder of the licence may, in writing, request the Licensing Authority to hold an inquiry in public for the purpose of determining whether the licence is to be revoked or suspended. (L.N. 158 of 2011)(2B) If the Licensing Authority receive a request under paragraph (2A), they must not revoke or suspend the licence until after the inquiry is completed. (L.N. 158 of 2011)(2C) The Licensing Authority may revoke or suspend a licence under paragraph (1)(c) only if they consider that, owing to the frequency of the failure on the part of the holder to comply with any condition of the licence or to the failure having been wilful, the licence should be revoked or suspended. (L.N. 158 of 2011)(3) In paragraph (1)(b), officer (高級人員) means a director, general manager, secretary or other similar officer and includes any person, who with the authority of the body corporate, acts as such officer. 17. Surrender of licences, etc. A licence, provisional licence or temporary licence may at any time be surrendered by the holder to the Licensing Authority for cancellation.(L.N. 158 of 2011) 18. (Repealed L.N. 158 of 2011) 19. (Repealed L.N. 158 of 2011) 20. Annual report of Licensing Authority The Licensing Authority shall make an annual report to the Chief Executive as to the exercise of their functions during the year.(36 of 1999 s. 3) 20A. Operating permits (1) The Director-General of Civil Aviation may grant an operating permit to a person applying for the permit for the purposes of regulation 3(1)(a) or (b)(ii) and, in performing this function, the Director-General of Civil Aviation must have regard to any relevant air services arrangements. (L.N. 158 of 2011)(2) An operating permit shall contain such conditions as the Director-General of Civil Aviation may consider necessary or expedient including such conditions as he may consider necessary or expedient to give effect to any air services arrangements.(3) Subject to paragraphs (4) and (5) an operating permit shall be in force for such period as may be specified therein commencing with the date on which the permit is expressed to take effect.(4) The Director-General of Civil Aviation may, if he thinks fit, provisionally suspend an operating permit pending inquiry into or consideration of the case.(5) The Director-General of Civil Aviation may, at any time, by notice to the holder of an operating permit, revoke, suspend or vary the operating permit or substitute a new operating permit for a previous operating permit— (L.N. 158 of 2011)(a) where this is necessary or expedient to give effect to any variation in any relevant air services arrangements;(b) on sufficient ground being shown to the satisfaction of the Director-General of Civil Aviation after due inquiry; or(c) at the request of the holder of the operating permit. (L.N. 158 of 2011)(L.N. 22 of 1985; L.N. 326 of 2000) Part 3 Permits for Journeys other than Scheduled Journeys 21. Exceptions Part 3 shall not apply to the carriage of passengers, mail or cargo by air for hire or reward on scheduled journeys.(E.R. 2 of 2014) 22. Restriction on use of aircraft for provision of air services (L.N. 158 of 2011)(1) Subject to the provisions of these regulations, a person must not use any aircraft for the provision in Hong Kong of any air service except under, and in accordance with the conditions of, a permit granted by the Director-General of Civil Aviation. (L.N. 326 of 2000; L.N. 158 of 2011)(2) A person who contravenes this regulation commits an offence and is liable—(a) on summary conviction to a fine at level 6 and to imprisonment for 3 months; or(b) on conviction on indictment to a fine of $5,000,000 and to imprisonment for 2 years. (L.N. 158 of 2011)(3) The provisions of this regulation shall not apply in respect of any journey performed on the authority of Article 5 of the Convention on International Civil Aviation if the aircraft performing the journey flies across Hong Kong without landing or lands in Hong Kong for non-traffic purposes only, but shall apply in respect of any such journey if the aircraft performing the journey takes on or discharges passengers, cargo or mail in Hong Kong. (G.N.A. 187 of 1950)(36 of 1999 s. 3) 23. Issue of permits (1) The Director-General of Civil Aviation may grant to any person applying therefor a permit to use aircraft for the provision in Hong Kong of such air services (other than such a service as is referred to in regulation 3(1)) for such period and on such conditions as may be specified in the permit. (36 of 1999 s. 3)(2) The Director-General of Civil Aviation may attach such conditions to any permit as he may think fit having regard to the nature and circumstances of the application therefor.(L.N. 326 of 2000) 24. Applications for permits Applications for permits shall be made in such form, and shall contain such information as the Director-General of Civil Aviation may require.(L.N. 326 of 2000) 25. Revocation or suspension of permits (1) The Director-General of Civil Aviation may revoke or suspend any permit if— (L.N. 326 of 2000)(a) the holder of the permit has, since the permit was granted, been convicted of an offence against regulation 3 or 22; or(b) where the holder of the permit is a body corporate, any officer of that body corporate has, since the permit was granted, been convicted, in his capacity as such officer, of an offence against regulation 3 or 22; or(c) the holder of the permit has failed to comply with any condition subject to which the permit was granted.(2) In paragraph (1)(b), officer (高級人員) means a director, general manager, secretary or other similar officer and includes any person who, with the authority of the body corporate, acts as such officer. Part 4 General Provisions 26. Compliance with air navigation and transport laws and regulations by licence, operating permit and permit holders It shall be a condition of every licence, operating permit or permit that the requirements of any law or instrument having the force of law, for the time being in force in Hong Kong, relating to air navigation or air transport shall be complied with at all times during the currency of the licence, operating permit or permit in connexion with all journeys made under the licence, operating permit or permit.(L.N. 140 of 1969; 36 of 1999 s. 3) 27. Transfer and assignment of licences, temporary licences, operating permits and permits (L.N. 158 of 2011)A licence, temporary licence, operating permit or permit shall not be capable of being transferred or assigned: (L.N. 158 of 2011)Provided that in the event of the death, incapacity, bankruptcy, sequestration or liquidation of the holder of an operating permit or permit, or of the appointment of a receiver or manager or trustee in relation to the business of the holder of an operating permit or permit the person for the time being carrying on that business shall, if within 14 days of his commencing so to do, he makes application to the Director-General of Civil Aviation for a new operating permit or permit, be entitled to provide the air services authorized by the existing operating permit or permit subject to the conditions thereof, until the application is determined.(L.N. 140 of 1969; L.N. 177 of 1971; L.N. 22 of 1985; L.N. 326 of 2000; L.N. 158 of 2011) 28. Information relating to applicants for licences, etc. to be treated as confidential (1) These regulations do not require the disclosure by an applicant for, or the holder of, a licence, temporary licence, operating permit or permit to any person other than the Licensing Authority or the Director-General of Civil Aviation (as the case may be) of information as to the financial resources of the applicant or the holder.(2) The Licensing Authority or the Director-General of Civil Aviation must treat the information as confidential.(3) Paragraph (2) does not prohibit the disclosure of the information—(a) to a person appointed under regulation 4(6)(b) to assist the Licensing Authority in discharging the duties of the Licensing Authority; and(b) for the purposes of discharging those duties.(L.N. 158 of 2011) 29. When provisional licences are deemed to be licences Any references to a licence in regulations 15A, 15B, 15C, 15D, 16, 26, 27, 28 and 30 are to be construed as including references to a provisional licence.(G.N.A. 165 of 1953; L.N. 158 of 2011) 30. No right to continuance of any benefits Nothing in these regulations shall confer upon the holder of a licence, operating permit or permit or upon any other person any right to the continuance of any benefits arising from the provisions of these regulations or from any licence, operating permit or permit granted thereunder or from any conditions attached to any such licence, operating permit or permit.(L.N. 140 of 1969) 30A. Power of Director-General or authorized person to prohibit flight (1) Where it appears to the Director-General of Civil Aviation or an authorized person that any aircraft is intended or is likely to be flown in such circumstances that any provision of regulation 3 or 22 would be contravened in relation to the flight, the Director-General of Civil Aviation or an authorized person may— (L.N. 326 of 2000)(a) direct the operator or pilot in command 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 Director-General of Civil Aviation or by an authorized person; and (L.N. 326 of 2000; L.N. 158 of 2011)(b) take such steps as are necessary to detain the aircraft.(2) For the purposes of paragraph (1), the Director-General of Civil Aviation and an authorized person may enter upon and inspect any aircraft. (L.N. 326 of 2000)(3) A person who, being the operator or pilot in command of any aircraft, contravenes any direction given to the person under paragraph (1)(a) commits an offence and is liable—(a) on summary conviction to a fine at level 6 and to imprisonment for 3 months; or(b) on conviction on indictment to a fine of $5,000,000 and to imprisonment for 2 years. (L.N. 158 of 2011).(4) In this regulation—pilot in command (指揮飛機的機師) has the meaning given by Article 98(1) of the Air Navigation (Hong Kong) Order 1995 (Cap. 448 sub. leg. C). (L.N. 158 of 2011)(L.N. 140 of 1969) 31. Proceedings for an offence against the regulations (1) Proceedings for an offence against these regulations shall not be instituted except with the consent of the Secretary for Justice. (L.N. 362 of 1997)(2) Where an offence against these regulations has been committed by a body corporate, every person who, at the time of the commission of the offence was a director, general manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances. 31A. Refund of fees If—(a) a prescribed fee is paid in respect of an application under regulation 6 (other than an application for the grant of a licence under regulation 10) or 13A; but(b) either—(i) the application is refused by the Licensing Authority; or(ii) the applicant withdraws the application by giving a written notice to this effect to the Licensing Authority,the Licensing Authority must refund an amount of $96,000 to the applicant.(L.N. 158 of 2011) Part 5 Transitional 32. (Repealed 36 of 1999 s. 3) 32A. Transitional arrangements (1) A licence granted under regulation 5 of the Pre-amended Regulation that would have been valid on the commencement date* of the Amendment Regulation had the Amendment Regulation not come into operation ceases to have effect under the Pre-amended Regulation on that date.(2) Subject to paragraph (3), the licence—(a) is regarded as a licence granted under regulation 11A and these regulations have effect in respect of the licence accordingly;

and(b) expires on the date on which the licence would have expired had the Amendment Regulation not come into operation.(3) If a person holds more than one licence to which paragraph (1) applies, those licences (existing licences) are deemed to have been combined as a single licence and the effects of the single licence are as follows—(a) the scheduled journeys that the person is entitled to undertake under the existing licences will not in any way be affected solely because of the deemed combination;(b) the single licence is deemed to have been granted under regulation 11A in respect of all the scheduled journeys covered by the existing licences and these regulations have effect in respect of the single licence accordingly;(c) the single licence expires—(i) on the date on which the existing licences would have expired had the Amendment Regulation not come into operation; or(ii) if the expiry dates of the existing licences are different, on the latest of those dates; and(d) the conditions attached to each of the existing licences continues to apply only in respect of the scheduled journeys covered by that licence.(4) The Licensing Authority may, on application by a person mentioned in paragraph (3), replace, without charge, the existing licences with a single licence the effect of which is the same as a single licence deemed under paragraph (3) to have been granted under regulation 11A.(5) If, immediately before the commencement date* of the Amendment Regulation, an application for a licence under regulation 6 of the Pre-amended Regulation is still pending—(a) the Licensing Authority must not process the application any further after the commencement*; and(b) the application is to be regarded as being withdrawn by the applicant.(6) In this regulation—Amendment Regulation (《修訂規例》) means the Air Transport (Licensing of Air Services) (Amendment) Regulation 2011 (L.N. 158 of 2011);Pre-amended Regulation (《未修訂規例》) means the Air Transport (Licensing of Air Services) Regulations (Cap. 448 sub. leg. A) as in force immediately before the commencement date* of the Amendment Regulation.(L.N. 158 of 2011)Editorial Note: * Commencement date : 22 April 2013. Part 6 Citation 33. Citation These regulations may be cited as the Air Transport (Licensing of Air Services) Regulations. Schedule [reg. 1]Fees Item Matter Fee 1. Application for a licence under regulation 6 (other than an application for the grant of a licence under regulation 10) $230,500 2. Application for the grant of a licence under regulation 10 $91,800 3. Application for a provisional licence or renewal of a provisional licence under regulation 13 $31,200 4. Application for the renewal of a licence under regulation 13A $193,700 5. Application for the variation of a licence under regulation 13B $109,100 6. Application for a temporary licence under regulation 15F $72,200 (Schedule replaced L.N. 158 of 2011)