225568-1936-Air-Navigation-Colonies-Protectorates-and-Mandated-Territories--Amendment-Order-1935 — Page 5

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THE HONG KONG GOVERNMENT GAZETTE, JANUARY 31, 1936

(i) by reason only of a non-compliance with condition (iv) specified in paragraph (1) of Article 4, or condition (iv) specified in paragraph (1) of Article 5, of this Order, or so much of condition (v) specified in paragraph (1) of the last mentioned Article as requires certificates of airworthiness to be carried in aircraft, or

(ii) by reason only of a contravention of, or non-com- pliance with, any of the following provisions of this Order, that is to say, paragraphs (2) and (3) of Article 8, Articles 16, 17 and 18, or

(iii) by reason only of a failure to carry in an aircraft such a certificate as is required in relation to that aircraft by the proviso to paragraph (2) of Article 27 of this Order,

or

(iv) by virtue of paragraph (5) of Article 29 of this Order, or

(b) who, being the registered owner of an aircraft, fails to comply with paragraph 7 or paragraph 8 of Schedule I to this Order,

shall be liable on summary conviction to a fine not exceeding five pounds or, in the case of a second or subsequent convic- tion for the like offence, to a fine not exceeding ten pounds; but, save as aforesaid, every person who contravenes or fails to comply with any provision of this Order, or who is deemed to have contravened or failed to comply with this Order, shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding two hundred pounds or to both such imprisonment and such fine.

9. The following amendments shall be made in Article 31 of the principal Order:

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(1) In paragraph (1), after the definition of "Passenger aircraft and goods aircraft" the following definitions. shall be inserted--

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Public transport aircraft means aircraft carrying passengers or goods for hire or reward or, in a case where the carriage is effected by an air transport undertaking, whether for hire or reward or not, and the expression public transport flying machine' shall be construed accordingly;

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Aerial work aircraft' means aircraft, not being public transport aircraft, which are being used for any com- mercial or industrial purpose or any lucrative purpose, and the expression aerial work flying machine' shall be con- strued accordingly;

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(2)(a) in paragraph (2), for the words "in respect of ", where those words secondly occur, there shall be sub- stituted the word for "; and

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(b) after paragraph (2) there shall be inserted the follow- ing paragraph :--

(2A) In relation to the carrying of a person in an aircraft for the purpose of instruction, payment shall be deemed, for the purposes of this Order, to be made for the instruction if any sum is paid or payable in respect of the particular flight by any person either to the instructor himself or to any person by whom the instructor is employed, or to whom he gives his services as an instructor, or if the instruc- tor is employed for reward to instruct persons in flying air- craft."

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