236312-1937-The-Colonial-Air-Navigation-Application-of-Acts-Order-1937 — Page 4

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 27, 1937.

(5) Any person who suffers direct injury or loss, owing to the operation of an order of the Governor under this section, shall be entitled to receive compensation from the Governor from such public funds as he may lawfully apply for the purpose, the amount thereof to be fixed, in default of agreement, by an arbitrator to be agreed upon or failing agreement to be appointed by the Chief Justice or other chief Judicial Officer of the Colony :

Provided that no compensation shall be payable by reason of the operation of a general order under this section prohibiting flying in the Colony or any part thereof.

(4) An order under this section may be revoked or varied by a subsequent order made by the Governor.

5. Section 8-(1) The Governor shall have power to establish and maintain aerodromes (including power to provide and maintain roads and approaches, buildings and other accommodation and apparatus and equipment for such aerodromes) and to acquire land for that purpose by agreement or in accordance with the provisions of the law in force in the Colony relating to the acquisition of land for public purposes.

(2) For the avoidance of doubts it is hereby declared that one of the purposes for which the Governor may acquire land under this section is the purpose of securing that the land adjacent to the site of an aerodrome which the Governor has established, or is about to establish, shall not be used in such manner as to cause interference with, or danger or damage to, aircraft at, approaching or leaving the aerodrome.

6. Section 9.—(1) No action shall lie in respect of trespass or in respect of nuisance, by reason only of the flight of aircraft over any property at a height above the ground, which, having regard to wind, weather, and all the circumstances of the case is reasonable, or the ordinary incidents of such flight, so long as the provisions of the Acts and any Order made thereunder, being provisions which extend to the Colony, are duly complied with; but where material damage or loss is caused by an aircraft in flight, taking off, or landing, or by any person in any such aircraft, or by any article or person falling from any such aircraft, to any person or property on land or water, damages shall be recoverable from the owner of the aircraft in respect of such damage or loss, without proof of negligence or intention or other cause of action, as though the same had been caused by his wilful act, neglect or default, except where the damage or loss was caused by or contributed to by the negligence of the person by whom the same was suffered:

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

(a) damages are recoverable from the owner in respect of the said damage or loss by virtue only of the preceding provisions of this section, and

(b) a legal liability is created in some person other than the owner to pay damages in respect of the said damage or loss, the owner shall be entitled to be indemnified by that other person against any claim in respect of the said damage or loss.

(2) Where any aircraft has been bond fide demised, let, or hired out for a period exceeding fourteen days to any other person by the owner thereof, and no pilot, commander, navigator, or operative member of the crew of the aircraft is in the employment of the owner, this section shall have effect as though for references to the owner there were substituted references to the person to whom the aircraft has been so demised, let, or hired out.

7. Section 10.-(1) Where an aircraft is flown in such a manner as to be the cause of unnecessary danger to any person or property on land or water, the pilot or the person in charge of the aircraft, and also the owner thereof, unless he proves to the satisfaction of the court that the aircraft was so flown without his actual fault or privity, shall be liable on summary conviction to a fine not exceeding two hundred pounds, or to imprisonment with or without hard labour for a term not exceeding six months, or to both such imprisonment and fine.

For the purposes of this section, the expression "owner" in relation to an aircraft includes any person by whom the aircraft is hired at the time of the offence.

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