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(C) ARTICLE 19(1) OF THE ORDER PROVIDES THAT A PERSON MAY NOT ACT AS A MEMBER OF THE FLIGHT CREW OF AN AIRCRAFT REGISTERED IN THE TERRITORY UNLESS HE HOLDS AN APPROPRIATE LICENCE. IT COULD BE ARGUED THAT A PERSON RECEIVING DUAL INSTRUCTION IN AN AIRCRAFT CERTIFICATED FOR A MINIMUM CREW OF ONE PILOT IS NOT ACTING AS PILOT OF THE AIRCRAFT, BUT RATHER THE FLYING INSTRUCTOR (WHO IS THE COMMANDER AND HOLDS A LICENCE) IS THE PERSON ACTING AS THE PILOT. HOWEVER, TO GAIN A LICENCE THE 'AB INITIO' STUDENT PILOT MUST RECEIVE A CERTAIN NUMBER OF HOURS OF DUAL INSTRUCTIONS AS PILOT, AND MUST ACT AS PILOT WHEN HE RECEIVES DUAL INSTRUCTION, OR ELSE THE INSTRUCTION CANNOT COUNT TOWARD THE EXPERIENCE REQUIRED TO GAIN A LICENCE.
(D) ARTICLE 19(1)(B) PERMITS A PERSON TO FLY SOLO IN THE COURSE OF QUALIFYING FOR A LICENCE BUT DOES NOT REFER TO DUAL INSTRUCTION. HENCE THE LEGAL BASIS UNDER WHICH THE 'AB INITIO' TRAINEE IS ENTITLED TO ACT AS A PILOT WHEN UNDERGOING DUAL INSTRUCTION IS NOT CLEAR. TO REMOVE THE BURDEN OF DOUBT THE REMEDY PROPOSED BY THE UK CAA IS TO INTRODUCE ARTICLE 19(1)(C) (TEXT IN MIFT). THIS HOWEVER STILL LEAVES THE PROBLEM OF THE LARGER AIRCRAFT WHICH REQUIRE A MINIMUM COMPLEMENT OF TWO PILOTS. IN SUCH CASES, BOTH PERSONS SEATED AT THE CONTROLS MUST ACT AS PILOTS. SO, PURSUANT TO ARTICLE 19(1), THEY MUST BOTH BE APPROPRIATELY LICENSED.
(E) ARTICLE 19(4) PERMITS A PERSON TO ACT AS PILOT OF AN AIRCRAFT IN THE COURSE OF QUALIFYING FOR A LICENCE OR RATING WITHOUT BEING THE HOLDER OF AN APPROPRIATE LICENCE UNDER THE CONDITIONS SPECIFIED IN 19(4) (I), IF IN GENERAL TERMS, HE WAS UNTIL RECENTLY A QUALIFIED MILITARY PILOT, OR HE HOLDS A PILOT'S LICENCE, FLIGHT NAVIGATOR'S LICENCE OR FLIGHT ENGINEER'S LICENCE GRANTED UNDER ARTICLE 20. THIS DOES NOT NEED TO BE AN APPROPRIATE LICENCE ANYTHING EXCEPT A FLIGHT RADIOTELEPHONY OPERATOR'S LICENCE WOULD BE SUITABLE PROVIDED THE LICENCE WAS ISSUED UNDER ARTICLE 20. WE ARE PUZZLED AT THIS.
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(F) HONG KONG AIRLINES RECRUIT PILOTS FROM OVERSEAS WHO USUALLY HOLD PROFESSIONAL PILOT'S LICENCES ISSUED BY A FOREIGN AUTHORITY, WHICH ARE NOT LICENCES ISSUED UNDER ARTICLE 20. ARTICLE 19(3) ALLOWS SUCH A LICENCE TO BE DEEMED TO BE A LICENCE I SSUED UNDER THE ORDER PROVIDED THE HOLDER DOES NOT RECEIVE RENUMERATION. HOWEVER, IN SUCH CASES, THE PILOTS INVARIABLY RECEIVE REMUNERATION FOR THEIR SERVICES AS A MEMBER OF THE FLIGHT CREW AND THEREFORE THEIR LICENCES CANNOT BE SO DEEMED.
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