THE HONG KONG GOVERNMENT GAZETTE, JULY 27, 1928.
309
aircraft.
26. A foreign military aircraft shall not fly over or land in the Colony Application to except on the express invitation or with the express permission of His foreign military Majesty, or of a Government Department, or of the Governor, but any aircraft so flying or landing on such invitation or with such permission shall be exempt from the provisions of this Order except to such extent as may be specified in the invitation or permission:
Provided that no such invitation or permission shall be necessary in the case of foreign military aircraft accompanying vessels of war visiting the Colony so long as the flight or landing is necessary in connection with the arrival of the aircraft in or their departure from the Colony and such aircraft shall while so accompanying vessels of war as aforesaid he exempt from the provisions of this Order.
Order.
27.-(1) Except where otherwise expressly stated, this Order applies Exceptions to to aircraft belonging to or employed in the service of His Majesty, other operation of than military aircraft, but does not apply to any aircraft or to any persons if and to such extent as such aircraft or persons may be excepted from this Order by direction of the Governor.
(2) The Governor may, by a special and temporary authorisation, and subject to such conditions as may be specified, permit the flight within the limits of the Colony of an aircraft which does not possess the nationality of a Contracting State or of a State to which proviso (a) to paragraph (1) of Article five of this Order applies :
Provided that an aircraft the flight of which is so permitted as afore- said shall while flying within the said limits carry a certificate issued either by the Governor or by the competent authority in the State whose nation- ality the aircraft possesses, stating that permission has been granted and the conditions, if any, subject to which it has been granted.
28.-(1) If an aircraft flies in contravention of, or fails to comply Penalties. with, this Order or any provision thereof, or if in or in respect of any aircraft any act is committed which is or is deemed to be a contravention of this Order or any provision thereof, the owner or hirer of the aircraft (if other than the Crown) and the pilot or commander thereof shall be deemed to have contravened or, as the case may be, failed to comply with this Order:
Provided that-
(a) it shall be a defence to any proceedings for such contravention of, or failure to comply with this Order if the contravention or failure is proved to have been due to stress of weather or other unavoidable cause; and
(b) It shall be a defence to any proceedings under this Order against the owner, hirer, pilot or commander of an aircraft to prove that the alleged contravention took place without his actual fault or privity.
(2) If any person obstructs or impedes any person acting under the authority of the Secretary of State for Air or the Governor in the exercise of his powers and duties under this Order, such first-mentioned person shall be deemed to have acted in contravention of this Order
(3) If any person contravenes or fails to comply with this Order or any provision thereof he shall on summary conviction be liable to imprisonment for a term not exceeding six months or to a fine not exceeding two hundred pounds, or its equivalent in local currency, or to both such imprisonment, and fine.
(4) Any aircraft which flies or attempts to fly over a prohibited area or enters the Colony in contravention of this Order is liable to be fired on in accordance with the provisions of Schedule VI to this Order.
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