236312-1937-The-Colonial-Air-Navigation-Application-of-Acts-Order-1937 — Page 5

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THE HONG KONG GOVERNMENT GAZETTE, AUGUST 27, 1937.

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(2) The provisions of this section shall be in addition to and not in derogation of the powers conferred on His Majesty in Council by Part I of the principal Act.

8. Section 11.-The law of the Colony relating to wreck and to salvage of life or property, and to the duty of rendering assistance to vessels in distress, shall apply to aircraft on or over the sea or tidal waters as it applies to vessels, and the owner of an aircraft shall be entitled to a reasonable reward for salvage services rendered by the aircraft to any property or persons in any case where the owner of a ship would be so entitled:

Provided that provision may be made by order by the Governor with the approval of a Secretary of State for making modifications of and exemptions from the provisions of such law as aforesaid in their application to aircraft to such extent and in such manner as appears necessary or expedient.

8A. In lieu of the preceding section the following section shall have effect as from such date as the Governor may by order appoint :-

Section 11.-(1) Any services rendered in assisting or in saving life from, or in saving the cargo or apparel of, an aircraft in, on or over the sea or any tidal water, or on or over the shores of the sea or any tidal water, shall be deemed to be salvage services in all cases in which they would have been salvage services if they had been rendered in relation to a vessel; and where salvage services are rendered by an aircraft to any property or person, the owner of the aircraft shall be entitled to the same reward for those services as he would have been entitled to if the aircraft had been a vessel.

The preceding provisions of this sub-section shall have effect notwithstanding that the aircraft concerned is a foreign aircraft, and notwithstanding that the services in question are rendered elsewhere than within the limits of the territorial waters adjacent to any part of His Majesty's dominions.

(2) The Governor may by regulations made with the approval of a Secretary of State direct that any provisions of any law of the Colony for the time being in force which relate to wreck, to salvage of life or property or to the duty of rendering assistance to vessels in distress shall, with such exceptions, adaptations and modifications, if any, as may be specified in the regulations, apply in relation to aircraft as those provisions apply in relation to vessels.

(3) For the purposes of this section, any provisions of any law of the Colony which relate to vessels laid by or neglected as unfit for sea service shall be deemed to be provisions relating to wreck.

9. Section 12.-(1) The Governor may make regulations pro- viding for the investigation in the Colony of any accident arising out of or in the course of air navigation and occurring in or over the Colony or the territorial waters adjacent thereto, or to British aircraft occurring elsewhere and likely in the absence of such provision to remain uninvestigated.

(2) Without prejudice to the generality of the foregoing pro- vision, regulations under this section may contain provisions :-----

(a) requiring notice to be given of any such accident as aforesaid in such manner and by such persons as may be specified;

(6) applying, with or without modification, for the purpose of investigations held with respect to any such accidents any of the provisions of any law in force in the Colony relating to the investiga- tion of deaths or accidents;

(c) prohibiting, pending investigation, access to or interference with aircraft to which an accident has occurred, and authorising any person, so far as may be necessary for the purposes of an investiga- tion, to have access to, examine, remove, take measures for the preservation of, or otherwise deal with any such aircraft;

(d) authorising or requiring the cancellation, suspension, endorse- ment, or surrender of any licence or certificate granted in the Colony under the Acts or any order made thereunder, or the withdrawal or suspension of any validation conferred in the Colony of a licence granted by a duly competent authority elsewhere, where it appears an investigation that the licence or certificate ought to be cancelled, suspended, endorsed, or surrendered, or the validation withdrawn or suspended, as the case may be; and for the production of any such licence or certificate for the purpose of being so dealt with:

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