1950-HKRS28-8-17_Part03 — Page 42

Power for the Governor

to make regulations

for

recording

and

registration

of birthe and deaths, etc.

2. (0) The Governor may by regulations provide for requiring such persons as may be specified in the regulations to keep records and make returns to the Director of Civil Aviation-

(u) of births and deaths occurring in any part of the world in any aircraft registered in Hong Kong; and

(b) of the deaths, outside Hong Kong, of any person who, being a traveller on such an aircraft, is killed on the journey in consequence of an accident to such aircraft;

and for the keeping in the Department of Civil Aviation of a record of any returns made to the Director of Civil Aviation in accordance with any such requirement as aforesaid and may by such regulations specify that any person who fails to comply with any such requirement shall be liable on summary conviction to a fine of three hundred dollars.

(2) Where such an offence as aforesaid has been committed by a body corporate, every person who at the fime 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, In this subsection the expression "director" includes any person occupying the position of director by whatever name called.

(3) Where any such regulations provide for the keeping of records in the Department of Civil Aviation in accordance with subsection (1) of this section they shall also provide for the transmission of certified copies of those records to the Registrar of Births and Deaths.

(4) The Registrar of Births and Deaths, upon receipt of any such certified copies shall cause them to be filed and preserved in a book to be kept by him for the purpose, and to be called the Air Register Book of Births and Deaths.

(5) Regulations made under subsection (1) of this section shall provide for the rectification of any records kept in the Department of Civil Aviation in pursuance of the regulations and for the transmission of certified copies of any corrected entry in the records to the Registrar of Births and Deaths.

(6) The Registrar of Births and Deaths, upon receipt of a certified copy of any such corrected entry shall cause the correct entry to be substituted for the corresponding entry for the time being made in the Air Register Book of Births and Deaths.

No. 21 of 1934.

(7) The Births and Deaths Registration Ordinance, Ordinance 1934, shall have effect as if the Air Register Book of Births and Deaths were a certified copy transmitted to the Registrar of Births and Deaths in accordance with section 5 of that Ordinance.

(8) The Governor may by regulations provide—

(a) for the keeping in the Department of Civil Aviation of a record of persons reported to the Director of Civil Aviation as missing, being persons with respect to whom there are reasonable grounds for believing that they have died in consequence of an accident to ELM aircraft registered in Hong Kong:

(b) for the rectification of any such record; and (c) for the transmission of information as to the matters for the time being entered on the record to the Registrar of Births and Deaths.

Passed the Legislative Council of Hong Kong, this 11th day of October, 1950.

Мно

Clerk of Councils.