TNAG-2575-FCO40-3761-Future-of-Hong-Kong-localisation-of-laws-civil-aviation-leg-1992 — Page 13

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CONFIDENTIAL

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as the provisions of Part II and this Part of this Act and any Order in Council or order made in pursuance of Part II or this part of this Act, being provisions which extend to the Colony, are duly complied with.

(2) Where material loss or damage is caused to any person or property on land or water by, or by person in, or an article or person falling from, an aircraft while in flight, taking off or landing, then unless the loss or damage was caused or contributed to by the negligence of the person by whom it was suffered, damages in respect of the loss or damage shall be recoverable without proof of negligence or intention or other cause of action, as if the loss or damage had been caused by the wilful act, neglect, or default of the owner of the aircraft:

Provided that where material loss or damage is caused as aforesaid in circumstances in which-

(b)

the reference to Order in Council will

be deleted and replaced by a reference

to regulations made under the sections listed in paragraph (a) above.

(a)

damages are recoverable in respect of the said loss or damage by virtue only of the foregoing provisions of this subsection; and

CONFIDENTIAL