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MDLIAN 1607
8.
WE ALSO HAVE SOME OBSERVATIONS ON RELATED MATTERS:
(A) ARTICLE 92 (12) OF THE PRESENT ORDER PROVIDES THAT ANY POWER CONFERRED BY THE ORDER TO ISSUE,
MAKE, SERVE OR GRANT ANY
INSTRUMENT SHALL BE CONSTRUED AS INCLUDING A POWER TO VARY · REVOKE CANCEL OR OTHERWISE TERMINATE THE INSTRUMENT. NO SIMILAR
PROVISION APPEARS IN THE NEW ORDER. UNLESS THERE ARE OTHER
LEGAL PROVISIONS (E.G. THE INTERPRETATION ACT 1978), WHICH ACHIEVE THE SAME RESULT, WE THINK THIS SHOULD BE RETAINED.
*
(B) PARA 2 (C) OF RAYNER'S (MAED) LETTER OF 26 AUGUST REFERS
то
''OTHER TERRITORIES'
IF THESE ARE AS DEFINED AS THOSE IN ART 97 99 AND SCHEDULE 16 OF THE NEW ORDER OTHER THAN HONG KONG
(WHICH WE PRESUME IS THE CASE) THEN IT IS CORRECT TO SAY
AIRCRAFT REGISTERED IN THESE 'OTHER TERRITORIES
·
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ARE NOT
REQUIRED TO HAVE PERMITS FOR SCHEDULED SERVICES IN HONG KONG:
THEY NEED A LICENCE FROM THE HONG KONG AIR TRANSPORT LICENSING
AUTHORITY (ATLA). IT IS INCORRECT TO SAY THAT HONG KONG ONLY
REQUIRES UK REGISTERED AIRCRAFT TO HAVE A PERMIT: OPERATORS OF
AIRCRAFT WHICH ARE REGISTERED IN COUNTRIES OR PLACES WHICH ARE
NOT UK DEPENDENT TERRITORIES ARE REQUIRED TO HOLD A PERMIT FOR THE OPERATION OF THE SCHEDULED SERVICES UNDER REG 3(1)(A) OF AT(LAS) RS. ALL OPERATORS, WHEREVER BASED AND WHEREVER THEIR AIRCRAFT ARE REGISTERED, ARE REQUIRED TO HOLD A PERMIT UNDER REG 23 OF THE AT(LAS)RS TO OPERATE ANY NON-SCHEDULED AIR SERVICES TO OR FROM HONG KONG.
WE ALSO HAVE A PROPOSAL CONCERNING SUGGESTED AMENDMENTS TO ARTICLE 19(1) AND (4).
(A) ARTICLE 18(1) OF THE PRESENT ORDER PROVIDES THAT AN
AIRCRAFT SHALL NOT FLY UNLESS IT CARRIES THE MINIMUM FLIGHT
CREW REQUIRED BY THE COUNTRY IN WHICH IT IS REGISTERED. THE
MINIMUM CREW IS SPECIFIED IN THE AIRCRAFT FLIGHT MANUAL WHICH
FORMS PART OF THE CERTIFICATE OF AIRWORTHINESS (ARTICLE 92(1)).
(B) LIGHT AIRCRAFT OF THE TYPE USED BY FLYING SCHOOLS AND
AVIATION CLUBS FOR TRAINING 'AB INITIO STUDENT PILOTS ARE
INVARIABLY CERTIFIED TO CARRY A MINIMUM FLIGHT CREW OF ONE PILOT. ON THE OTHER HAND, PUBLIC TRANSPORT AIRCRAFT SUCH AS THE B737 AND LARGER TYPES ARE REQUIRED TO BE CREWED BY TWO
PILOTS (AND SOMETIMES BY FLIGHT ENGINEER IN ADDITION).
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