TNAG-0777-FCO40-981-Involvement-of-Hong-Kong-in-air-services-agreements-1978 — Page 5

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CONVENTION ON THE INTERNATIONAL RECOGNITION OF RIGHTS IN AIRCRAFT

Geneva 19th June, 1948

Whereas the International Civil Aviation Conference, held at Chicago in November-December 1944(1), recommended the early adoption of a Convention dealing with the transfer of title to aircraft.

Whereas it is highly desirable in the interest of the future expansion of international civil aviation that rights in aircraft be recognised internationally, The Undersigned, duly authorized, have agreed, on behalf of their respective Governments, as follows:

ARTICLE I

(1) The Contracting States undertake to recognise :

(a) rights of property in aircraft;

(b) rights to acquire aircraft by purchase coupled with possession of the

aircraft;

(c) rights to possession of aircraft under leases of six months or more; (d) mortgages, hypotheques and similar rights in aircraft which are contractually created as security for payment of an indebtedness;

provided that such rights

(i) have been constituted in accordance with the law of the Contracting State in which the aircraft was registered as to nationality at the time of their constitution. and

(ii) are regularly recorded in a public record of the Contracting State in

which the aircraft is registered as to nationality.

The regularity of successive recordings in different Contracting States shall be determined in accordance with the law of the State where the aircraft was registered as to nationality at the time of each recording.

(2) Nothing in this Convention shall prevent the recognition of any rights in aircraft under the law of any Contracting State; but Contracting States shall not admit or recognise any right as taking priority over the rights mentioned in paragraph (1) of this Article.

ARTICLE II

(1) All recordings relating to a given aircraft must appear in the same record.

(2) Except as otherwise provided in this Convention, the effects of the recording of any right mentioned in Article I. paragraph (1), with regard to third parties shall be determined according to the law of the Contracting State where it is recorded.

(3) A Contracting State may prohibit the recording of any right which cannot validly be constituted according to its national law.

ARTICLE III

(1) The address of the authority responsible for maintaining the record must be shown on every aircraft's certificate of registration as to nationality.

(1) “Miscellaneous No. 6 (1945)," Cmd. 6614.

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