Cap. 173 sub. leg. A

Civil Aviation (Births, Deaths and Missing Persons) Regulations(Cap. 173, section 2) [1 December 1950](Format changes—E.R. 3 of 2024) 1. Citation These regulations may be cited as the Civil Aviation (Births, Deaths and Missing Persons) Regulations. 2. Interpretation In these regulations, unless the context otherwise requires—aircraft (飛機) includes all balloons, whether captive or free, gliders, airships and flying machines; Director (處長) means the Director-General of Civil Aviation; (L.N. 326 of 2000)journey (航程) is deemed to commence when a traveller enters an aircraft registered in Hong Kong for the purpose of the journey and to continue until that traveller alights therefrom on completion of the journey, notwithstanding any intermediate stop or break in the journey; missing persons (失蹤者) means persons with respect to whom there are reasonable grounds for believing that they have died in consequence of an accident to an aircraft registered in Hong Kong; person in command of an aircraft (掌管飛機的人) means, in a case where a person other than the pilot is in command of the aircraft, that person, and in any other case, the pilot; traveller (旅客) in relation to an aircraft includes a member of the crew. 3. Returns relating to births and deaths by owners of aircraft (1) The owner of an aircraft registered in Hong Kong shall, as soon as practicable but not later than 6 months after the occurrence in any part of the world of a birth or death in the aircraft, or of a death outside Hong Kong of a traveller on the aircraft who is killed on the journey in consequence of an accident, transmit to the Director a return of such birth or death in the form, in accordance with the instructions, and containing the particulars prescribed in Form 1 (in the case of a birth) or 2 (in the case of a death) in the Schedule: Provided that if such particulars are not known to the owner of the aircraft, he shall transmit as aforesaid so many of such particulars as he is reasonably able to ascertain having regard to the circumstances of the birth or death. (2) To facilitate the rendering of returns in accordance with this regulation the person in command of an aircraft registered in Hong Kong shall forthwith on the occurrence in any part of the world of a birth or death in the aircraft, or of the death outside Hong Kong of a traveller in the aircraft who is killed on the journey in consequence of an accident, record in the journey log book, or other appropriate document relating to that aircraft, the particulars of the birth or death mentioned in paragraph (1) and shall make such record available to the owner as soon as practicable: Provided that if all such particulars are not known to the person in command of an aircraft and cannot be readily ascertained by him he shall record and make available as aforesaid so many of such particulars as are readily ascertainable. (3) Where any aircraft has been bona fide demised, let, or hired out for a period exceeding 14 days to any other person by the owner thereof, and no pilot, commander, navigator, or operative member of the crew of the aircraft is in the employment of the owner, the provisions of this regulation shall have effect as though for references to the owner there were substituted references to the person to whom the aircraft has been so demised, let, or hired out. 4. Records to be kept in Department of Civil Aviation The Director shall keep in his department—(a) a separate record of births in the form of Form 3 in the Schedule in which shall be recorded the particulars transmitted to him of births occurring in any part of the world in aircraft registered in Hong Kong; (b) a separate record of deaths in the form of Form 4 in the Schedule in which shall be recorded the particulars transmitted to him of deaths occurring in any part of the world in aircraft registered as aforesaid, and of deaths outside Hong Kong of travellers on such aircraft killed on the journey in consequence of an accident; and (c) a separate record in the form of Form 5 in the Schedule of persons reported to him as missing persons. 5. Transmission of copies of entries to Registrar The Director shall within 7 days of the completion of an entry in any record kept in his department pursuant to these regulations cause a certified copy of such entry to be transmitted to the Registrar.(8 of 2006 s. 6) 6. Saving for father of illegitimate child In the case of the birth of an illegitimate child, the name of any person as father of such child shall not be entered in any return or record of particulars of the birth of such child except in the circumstances provided in section 12(2)(a) to (d) of the Births and Deaths Registration Ordinance (Cap. 174). (17 of 1993 s. 19) 7. Rectification of entries of births, deaths and missing persons (1) If the Director is satisfied that there is an error or omission in any entry made in the record of births, deaths, or missing persons kept in his department, he may, in accordance with evidence of the true facts relating to the entry, rectify it in such manner as may appear to him appropriate.(1A) Where it appears to the Director that an entry of the birth of a child in the record of births kept in his department should be amended—(a) where the child is an illegitimate child and no person has been registered as the father of the child, so as to show a person as the father;(b) so as to reflect the making of a declaration of parentage or legitimacy in respect of the child by a court pursuant to section 6 of the Parent and Child Ordinance (Cap. 429); or(c) so as to reflect an order of a court under section 12 of the Parent and Child Ordinance (Cap. 429) that the child be treated in law as the child of the parties to a marriage,he may amend the entry in such manner as appears to him to be appropriate. (17 of 1993 s. 19)(1B) In exercising the powers conferred by paragraph (1A) the Director shall have regard to the circumstances and manner in which the Registrar may re-register a person’s birth for the purposes of the following provisions, namely— (8 of 2006 s. 7)(a) as regards the powers conferred by paragraph (1A)(a), section 12A of the Births and Deaths Registration Ordinance (Cap. 174);(b) as regards the powers conferred by paragraph (1A)(b), section 12B of the Births and Deaths Registration Ordinance (Cap. 174); (c) as regards the powers conferred by paragraph (1A)(c), section 12C of the Births and Deaths Registration Ordinance (Cap. 174). (17 of 1993 s. 19)(2) Within 7 days after the correction or amendment of any entry in his records in accordance with this regulation, the Director shall cause a certified copy of such corrected or amended entry to be transmitted to the Registrar. (17 of 1993 s. 19; 8 of 2006 s. 7) Schedule [regs. 3 & 4]Form 1 Birth Return for the purposes of section 2 of the Civil Aviation(Births, Deaths and Missing Persons) Ordinance 1. Registration marking of aircraft 2. Date of birth (a) 3. Place of birth (b) 4. Name (c) 5. Sex (d) 6. Name, surname, usual residenceand nationality of father (e) 7. Name, surname, maiden surname,usual residence and nationalityof mother (f) 8. Date and place of marriage ofparents 9. (Repealed 17 of 1993 s. 19) 10. Name, description and homeaddress of informant(if any) (g) 11. Signature of informant (s) Signature and rank of person completing thereturn Date (a) Notes: (a) Day and month in words, year in figures. (b) Approximate position, e.g. “40 nautical miles west of Hong Kong”, “over Hanoi”, “over South China”. (c) Full Christian names of child. (d) “Boy” or “Girl” as the case may be. (e) Christian names in full and followed by surname; surname to be written in block letters. If child is illegitimate (see reg. 6) the particulars relating to the father must not be recorded in the return except in the circumstances provided in section 12(2) of the Births and Deaths Registration Ordinance (Cap. 174). (f) Christian names in full and married surname followed by the word “formerly” and the maiden surname. (g) The informant’s full names, relationship (if any) to the child, and full postal address should be stated. Except in the circumstances mentioned at (e) above, only one person (usually the mother or father) should act as informant. (L.N. 373 of 1984; 17 of 1993 s. 19)__________ Form 2 Death Return for the purposes of section 2 of the Civil Aviation(Births, Deaths and Missing Persons) Ordinance 1. Registration marking of aircraft 2. Date of death (a) 3. Place of death (b) 4. Name and surname (c) 5. Usual residence at time of death (d) 6. Sex (e) 7. Age (f) 8. Profession or occupation,rank or title (if any) andnationality (g) 9. Cause of death 10. Name, description and homeaddress of informant(if any) (h) 11. Signature of informant Signature and rank of person completing thereturn Date (a) Notes: (a) Day and month in words, year in figures. (b) Actual position, if known. Otherwise approximate position, e.g. “40 nautical miles west of Hong Kong”, “over Hanoi”, “over South China”. (c) Christian names in full, followed by surname. Surname to be written in block letters. (d) The full postal address should be stated. (e) “Male” or “Female”. (f) To be recorded in complete years or in months or days. (g) Women and children— In the case of a married woman or a widow, the words “wife of” or “widow of” shall be entered, followed by the name, profession or occupation, rank and title, and nationality of the husband. In the case of an unmarried woman, there shall be inserted (i) the word “spinster” followed by her profession or occupation (if any), rank and title (if any), and her nationality, and (ii) the words “daughter of” followed by the name, profession, etc. of her father. In the case of children under the age of 16 years the words “son of” or “daughter of” shall be followed by the name, profession, etc., of the father. (h) The informant’s full names, relationship (if any) to deceased, and full postal address should be stated. (L.N. 373 of 1984)__________ Form 3 Births in aircraft registered in Hong Kong No. Registration marking of aircraft. Date and place of birth. Name. Sex. Name, surname, usual residence and nationality of father. Name, surname, maiden surname, usual residence and nationality of mother. (Repealed 17 of 1993 s. 19) Name, description and home address of informant. When registered. Signatureofregistrar. Baptismal or given name if added after registration of birth. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (8 of 2006 s. 8)__________ Form 4 Deaths in aircraft registered in Hong Kong No. Registration markingof aircraft. Date and place of death. Name, surname, and usual residence at time ofdeath. Sex. Age. Profession or occupation, rank or title (if any), and nationality. Causeof death. Name, description and home address of informant. When registered. Signatureofregistrar. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (8 of 2006 s. 8)__________ Form 5 Persons missing and believed to have died in consequenceof accidents to aircraft registered in Hong Kong No. Registration marking of aircraft. Name, surname and usual residence of missing person. Sex. Age. Profession or occupation,rank or title(if any), and nationality. Date and place of accident and grounds for presumption of deaths. Whenregistered. Signature of registrar. (1) (2) (3) (4) (5) (6) (7) (8) (8 of 2006 s. 8)