237350-1937-Air-Navigation-Colonies-Protectorates-and-Mandated-Territories-Order-1927 — Page 17

936

Penalties.

$$

++

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 17, 1937.

of an aircraft which does not possess the nationality of a Contracting State or of a State to which proviso (a) to paragraph (1) of Article five of this Order applies:

Provided that an aircraft the flight of which is so per- mitted as aforesaid shall while flying within the said limits carry a certificate issued either by the Governor or by the competent authority in the State whose nationality the air- craft possesses, stating that permission has been granted and the conditions, if any, subject to which it has been granted.

28. (1) If an aircraft flies in contravention of, or fails to comply with, this Order or any provision thereof, or if in or in respect of any aircraft any act is committed which is or is deemed to be a contravention of this Order or any provision thereof, the owner or hirer of the aircraft (if other than the Crown) and the pilot or commander thereof shall be deemed to have contravened or, as the case may be, failed to comply with this Order:

Provided that—

(a) it shall be a defence to any proceedings for such contravention of, or failure to comply with this Order if the contravention or failure is proved to have been due to accident, stress of weather or other unavoidable cause; and

(b) it shall be a defence to any proceedings under this Order against the owner, hirer, pilot or commander of an air- craft to prove that the alleged contravention took place without his actual fault or privity.

(2) If any person obstructs or impedes any person acting under the authority of the Secretary of State for Air or the Governor in the exercise of his powers and duties under this Order, such first-mentioned person shall be deemed to have acted in contravention of this Order.

(3) Every person~~

(a) who contravenes or fails to comply with or who is deemed to have contravened or failed to comply with this Order

(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- compliance with, any of the following provisions of this Order, that is to say, paragraphs (1) and (2) of Article 8, Articles 16, 17 and 18, and paragraph 3A of Schedule V, 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

§§ As amended by O. in C. of 15.12.32 (G.N. 134 of 1933) in force 1.1.33.

** As amended by 0. in C. of 25.10.35 (G.N. 114 of 1936) in force 1.1.36,

and O. in C. of 1.7.37 (G.N. 819 of 1937) in force 1.8.37.