CIVIL AVIATION LAW OF
THE PEOPLE'S REPUBLIC OF CHINA
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EDITED BY GENERAL ADMINISTRAnON OF
CIVIL AVIAnON OF CHINA
CIVIL AVIATION LAW OF
THE PEOPLE'S REPUBLIC OF CHINA
Translated by the Legislative Affairs Commission of
the Standing Committee of
the National People's Congress of
the People's Republic of China
First Edition 1995
Copyright 1995 by the Legislative Affairs Commission of
the Standing Committee of
the National People's Congress of
the People's Republic of China
All rights reserved. No part of this book
may be reproduced or transmitted in any
form or by any means without permission
in writing from the copyright owner.
§ ~
CONTENTS
~$A~~~lJlE~JWi'~ (~)() '" '" (1)
Order of the President of the People's Republic of China (English)
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Civil Aviation Law of the People's Republic of China (English)
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Order of the President of the People's republic of China (Chinese)
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Civil Aviation Law of the People's Republic of China (Chinese)
-1-
Order of the President of
the People's Republic of China
No. 56
The Civil Aviation Law of the People's Republic
of China, adopted at the 16th Meeting of the Standing
Committee of the Eighth National People's Congress
of the People's Republic of China on October 30,
1995, is hereby promulgated and shall enter into force
as of March 1, 1996.
Jiang Zemin
President of the People's Republic of China
October 30,1995
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Civil Aviation Law of
the People/s Republic of China
(Adopted at the 16th Meeting of the Standing Committee
of the Eighth National People's Congress on October 30,1995,
promulgated by Order No. 56 of the President of the
People's Republic of China on October 30, 1995
and effective as of March 1, 1996)
Contents
Chapter I
Chapter II
chapter III
Section 1
Section 2
Section 3
Section 4
Chapter IV
Chapter V
Section 1
Section 2
Chapter VI
Chapter VII
Section 1
Section 2
Section 3
General Provisions
Nationality of Civil Aircraft
Rights of Civil Aircraft
Basic Principles
Ownership and Mortgage of
Civil Aircraft
Civil Aircraft Liens
Lease of Civil Aircraft
Airworthiness Management of
Civil Aircraft
Airmen
Basic Principles
Crew
Civil Airport
Air Navigation
Airspace Management
Flight Management
Flight Support
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Essential Documents for Flight
Public Air Transport Enterprise
Public Air Transport
1 Basic Principles
2 Transport Documents
3 Liability of the Carrier
4 Special Provisions Governing
Air Transport Performed by
Actual Carrier
General Aviation
Search and Rescue and Accident
Investigation
Liability for Damage to Third
Parties on the Surface
Special Provisions Governing
Foreign Civil Aircraft
Application of Law to
Foreign-related Matters
Legal Liability
Supplementary Provisions
Section 4
Chapter VIII
Chapter IX
Section
Section
Section
Section
Chapter X
Chapter XI
Chapter XII
Chapter XII I
Chapter XIV
Chapter XV
Chapter XVI
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Chapter I
General Provisions
Article 1 This Law is enacted with a view to
safeguarding the national sovereignty of territorial
airspace and the rights of civil aviation, to ensuring the
conduct of civil aviation activities in a safe and orderly
manner, to protecting the lawful rights and interests of
the parties concerned in civil aviation activities, and to
promoting the development of civil aviation industry.
Article 2 The airspace above the land territory
and territorial waters of the People/s Republic of China
is the territorial airspace of the People's Republic of
China. The People's Republic of China has complete
and exclusive sovereignty over its territorial airspace.
Article 3 The competent civil aviation authority
under the State Council exercises unified supervision
and administration over civil aviation activities in the
whole country; issues regulations and decisions concerning
civil aviation activities within the scope of its
authority in accordance with laws and the decisions of
the State Council.
The regional civil aviation administrative organs
set up by the competent civil aviation authority under
the State Council supervise and administer the civil aviation
activities in their respective regions in accordance
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with the authorizations of the competent civil aviation
authority under the State Council.
Article 4 The State supports the development of
civil aviation industry, and encourages and supports the
progress of scientific research and education in the field
of civil aviation and the improvement of civil aviation
science and technology.
The State supports the development of civil aircraft
manufacturing industry so as to provide safe, advanced,
economical and suitable civil aircraft for civil
aviation activities.
Chapter II
Nationality of Civil Aircraft
Article 5 "Civil aircraft" as referred to in this
Law means aircraft other than those used in flight missions
of military, customs and police services.
Article 6 A civil aircraft that has performed its
nationality registration with the competent civil aviation
authority under the State Council of the People's
Republic of China according to law has the nationality
of the People's Republic of China, and shall be issued a
nationality registration certificate by the competent civil
aviation authority under the State Council.
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The competent civil aviation authority under the
State Council shall set up a Civil Aircraft Nationality
Register of the People's Republic of China to
exclusively record matters concerning nationality registration
of civil aircraft.
Article 7 The following civil aircraft shall perform
the nationality registration of the People's Republic
of China:
(1) The civil aircraft of a State organ of the
People's Republic of China;
(2) The civil aircraft of a corporate enterprise set
up in accordance with the law of the People's Republic
of China; if such corporate enterprise has foreign
investment in its registered capital, its organizational
structure and composition of personnel, and the proportion
of contribution of Chinese investor shall conform
to the provisions of administrative rules and regulations;
and
(3) Other civil aircraft, the registration of which is
approved by the competent civil aviation authority under
the State Council.
Where a civil aircraft was leased from abroad, the
lessee being in conformity with the provisions of the
preceding paragraph, and the crew of the civil aircraft is
provided by the lessee, the latter may apply for the nationality
registration of the People's Republic of China,
provided that the original nationality registration of
such aircraft has been cancelled.
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Article 8 A civil aircraft which has acquired the
nationality of the People's Republic of China according
to law shall display the specified nationality mark and
registration mark.
Article 9 A civil aircraft shall not possess dual
nationality. Application for the nationality registration
of the People's Republic of China shall not be filed for
a civil aircraft which has not cancelled its nationality of
a foreign country.
Chapter III
Rights of Civil Aircraft
Section 1 Basic Principles
Article 10 The rights to a civil aircraft as referred
to in this Chapter include the rights to the airframe,
engines, propellers, radio apparatus of the civil aircraft
and all other articles intended for use in such civil aircraft,
no matter whether they are installed thereon or
separated temporarily therefrom.
Article 11 The person entitled to the rights of a
civil aircraft shall register the following rights
respectively with the competent civil aviation authority
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under the State Council:
(1) The ownership of the civil aircraft;
(2) The right for the acquisition and possession of
the civil aircraft through an act of purchase;
(3) The right to possess the civil aircraft in
accordance with a lease contract covering a lease term
of six months or over; and
(4) Mortgage of the civil aircraft.
Article 12 A register of the rights of civil aircraft
shall be maintained by the competent civil aviation
authority under the State Council. Matters registered
concerning the rights of one and the same civil
aircraft shall be recorded in the same register of rights.
Matters registered concerning the rights of civil
aircraft may be made available to the public for
inquiry, reproduction or extraction.
Article 13 Unless a civil aircraft was the subject
of a forced auction sale in accordance with the law, the
nationality registration of such civil aircraft or the registration
of rights thereof shall not be transferred
abroad before the registered rights of such aircraft are
compensated or before the consent of the person entitled
to the aforesaid rights is given.
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Section 2 Ownership
and Mortgage of Civil Aircraft
Article 14 The acquisition, transference and extinction
of the ownership of a civil aircraft shall be registered
with the competent civil aviation authority under
the State Council; no acquisition, transference or
extinction of the ownership of the civil aircraft shall act
against a third party unless registered.
The transference of the ownership of a civil aircraft
shall be made by a contract in writing.
Article 15 Where a State-owned civil aircraft is
authorized by the State to be operated, administered or
utilized by a legal person, the provisions of this Law
concerning the owner of civil aircraft shall be applicable
to such legal person.
Article 16 The mortgage of a civil aircraft shall
be established by registering the mortgage of the civil
aircraft with the competent civil aviation authority under
the State Council jointly by the mortgagee and the
mortgagor; no mortgage may act against a third party
unless registered.
Article 17 Once a mortgage is established on a
civil aircraft, the ownership of the mortgaged civil aircraft
shall not be transferred without the consent of the
mortgagee.
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Section 3 Civil Aircraft Liens
Article 18 A civil aircraft lien is the right of the
claimant, subject to the provisions of Article 19 of this
Law, to take priority in compensation against the owner
and lessee of the civil aircraft with respect to the civil
aircraft which gave rise to the said claim.
Article 19 The following obligatory rights shall
be entitled to civil aircraft liens:
(1) Remuneration for rescuing the civil aircraft;
and
(2) Necessary expenses incurred for the custody of
the civil aircraft.
With respect to the obligatory rights specified in
the preceding paragraph, that arising later shall be satisfied
first.
Article 20 The creditor of the civil aircraft
liens specified in Article 19 of this Law shall register
his obligatory rights with the competent civil aviation
authority under the State Council within three
months commencing from the date of the end of rescue
or custody.
Article 21 For the common interests of creditors,
the expenses incurred in enforcing the decision of
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the People's Court and in the course of auction sale
shall be deducted and paid first from the proceeds of
the auction sale of the civil aircraft.
Article 22 A civil aircraft lien shall have priority
over the mortgage of a civil aircraft.
Article 23 Where the obligatory rights provided
in Article 19 of this Law are transferred, the civil aircraft
liens attached thereto shall be transferred
accordingly.
Article 24 A civil aircraft lien shall be enforced
by the People's Court by arresting the civil aircraft that
gave rise to the said civil aircraft lien.
Article 25 A civil aircraft lien shall be terminated
at the expiry of three months commencing from
the date of the end of rescue or custody; except that the
creditor has registered his obligatory rights according
to the provisions of Article 20 of this Law and that
the case is under one of the following circumstances:
(1) The creditor and debtor have reached agreement
on the amount of the said obligatory rights; or
(2) The legal action concerning the obligatory
rights has started.
A civil aircraft lien shall not be extinguished because
of the transference of the ownership of the civil
aircraft; except that the civil aircraft was the subject of
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a forced auction sale in accordance with law.
Section 4 Lease of Civil Aircraft
Article 26 A civil aircraft lease contract, including
financing lease contract and other lease contracts,
shall be made in writing.
Article 27 The "financing lease of civil aircraft"
means that the lessor acquires a civil aircraft pursuant
to the selection of the lessee with respect to supplier and
civil aircraft, and leases it to the lessee, who shall pay
rental periodically.
Article 28 During the period of financing lease,
the lessor shall be legally entitled to the ownership of
the civil aircraft, and the lessee shall be legally entitled
to the rights of possession, utilization and earnings of
the civil aircraft.
Article 29 During the period of financing lease,
the lessor shall ensure the lessee to possess and use the
civil aircraft without interference; the lessee shall take
proper care of the civil aircraft and keep it in the condition
in which it was delivered, subject to fair wear and
tear and to any modification of the civil aircraft agreed
by the lessor.
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Article 30 When the financing lease contract
comes to an end, the lessee, unless exercising a right to
purchase the civil aircraft or to hold the civil aircraft on
lease for a further period in accordance with the contract,
shall return the civil aircraft to the lessor in the
condition specified in Article 29 of this Law.
Article 31 The supplier in the financing lease of
a civil aircraft shall not be liable to both the lessor and
the lessee at the same time in respect of the same damage.
Article 32 During the period of financing lease,
the lessee may transfer the right of the possession of the
civil aircraft as well as other rights under the lease contract
only with the consent of the lessor and without
jeopardizing the interests of third parties.
Article 33 In the case of a financing lease, or
other leases covering a period of six months or longer,
the lessee shall register his right of possession of the civil
aircraft with the competent civil aviation authority
under the State Council; no such lease may act against
a third party unless registered.
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Chapter IV
Airworthiness Management of Civil Aircraft
Article 34 Application shall be filed with the
competent civil aviation authority under the State
Council for type certificate for the designing of civil aircraft
and its engines, propellers and on-board equipment.
A type certificate shall be issued accordingly if
found qualified through examination.
Article 35 Application shall be filed with the
competent civil aviation authority under the State
Council for production certificate and maintenance certificate
for the production and maintenance of civil aircraft
and its engines, propellers and on-board equipment.
A corresponding certificate or certificates shall be
issued accordingly if found qualified through examination.
Article 36 Where a civil aircraft and its engines,
propellers and on-board equipment produced by a foreign
manufacturer are imported into China for the first
time, such foreign manufacturer shall file an application
with the competent civil aviation authority under the
State Council for type validation certificate. A type
validation certificate shall be issued if found qualified
through examination.
Where a civil aircraft and its engines, propellers
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and on-board equipment, for which a type certificate
has been issued in a foreign country, are produced for
the first time in China, the holder of the type certificate
shall file an application with the competent civil aviation
authority under the State Council for type
validation certificate. A type validation certificate shall
be issued if found qualified through examination.
Article 37 A civil aircraft possessing the nationality
of the People's Republic of China may fly
only if it holds an airworthiness certificate issued by
the competent civil aviation authority under the State
Council.
Application shall be filed with the competent civil
aviation authority under the State Council by the manufacturer
for export airworthiness certificate with respect
to the export of civil aircraft and its engines, propellers
and on-board equipment. An export
airworthiness certificate shall be issued if found qualified
through examination.
A foreign civil aircraft on lease may fly only after
the competent civil aviation authority under the State
Council has examined and rendered valid its
airworthiness certificate issued by the State in which
the nationality of such aircraft was originally registered,
or has issued a new airworthiness certificate
therefor.
The regulations for the airworthiness of civil aircraft
shall be formulated by the State Council.
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Article 38 The owner and lessee of a civil aircraft
shall use the aircraft in accordance with the scope
of use prescribed in airworthiness certificate,
conscientiously carry out the maintenance of the aircraft
and ensure its airworthiness.
Chapter V
Airmen
Section 1 Basic Principles
Article 39 The IIairmen" as referred to in this
Law means the following flight personnel and ground
personnel engaged in civil aviation activities:
(1) Flight personnel, including pilots, navigators,
flight engineers, flight radio operators and cabin attendants;
and
(2) Ground personnel, including civil aircraft
maintenance personnel, air traffic controllers, flight
dispatchers and aeronautical radio station operators.
Article 40 An airman may perform the duty
specified in his licence only if he has received professional
training, and has been qualified through examination
and issued a licence by the competent civil aviation
authority under the State Council.
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Flight personnel and air traffic controllers shall,
before obtaining licences, also be subject to the check of
the physical examination unit approved by the competent
civil aviation authority under the .State Council,
and obtain the physical examination certificate issued
by the competent civil aviation authority under the
State Council.
Article 41 Flight personnel shall, in performing
flight missions, carryon their persons licences and
physical examination certificates and be subject to the
check of the competent civil aviation authority under
the State Council.
Article 48 In case a civil aircraft is in distress,
the pilot-in-command has the right to take all necessary
measures, and direct the crew members and other
persons on board the aircraft to take rescue measures.
In case of emergency which necessitates evacuation
from the civil aircraft in distress, the pilot-in-command
must take measures first to organize passengers
to leave the civil aircraft safely; no crew member shall
leave the civil aircraft unless authorized by the
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pilot-in-command; the pilot-in-command shall be the
last to leave the aircraft.
Article 49 In case an accident occurred to a civil
aircraft, the pilot-in-command shall report in time the
state of the accident accurately to the competent civil
aviation authority under the State Council directly or
through air traffic control unit.
Artic~ 50 When a pilot-in-command received
SOS signals from a ship or another aircraft, or discovered
a ship or an aircraft and the persons therein in distress,
he shall report the state of distress in time to the
nearest air traffic control unit and give possible, rational
assistance.
Article 51 In case a pilot-in-command is
unable to perform his duties in flight due to one reason
or another, the pilot holding a post next only to him
shall act on his behalf; the owner or lessee of the civil
aircraft shall assign a new pilot-in-command to take
over before the aircraft takes off at the next place of
stop.
Article 52 In the case of a civil aircraft with only
one pilot and without the need to have other flight
personnel, the provisions of this Section concerning the
pilot-in-command shall be applicable to such pilot.
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Chapter VI
Civil Airport
Article 53 The !Icivil airport'! as referred to in
this Law means a defined area, including any subsidiary
buildings, installations and equipment, intended to be
used for the takeoff, landing, taxiing, parking and other
activities of civil aircraft.
The civil airport referred to in this Law does not
include temporary airfield.
The measures for the management of airports used
by both military and civil air operations shall be
separately formulated by the State Council and the
Central Military Commission jointly.
Article 54 The construction and utilization of
civil airports shall be subject to overall arrangement
and rational distribution, and the efficiency of airport
utilization shall be raised.
The plan of distribution and construction of civil
airports in the whole country shall be formulated
jointly by the competent civil aviation authority under
the State Council and other departments concerned under
the State Council, and shall be implemented after
being approved in accordance with the procedures prescribed
by the State.
The People!s Governments of provinces, autono-
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mous regions and municipalities directly under the
Central Government shall formulate the civil airport
construction plans of their own administrative areas
on the basis of the national plan of civil airport distribution
and construction, and incorporate such
plans into the national economic and social development
programs at their respective levels after being
approved in accordance with the procedures prescribed
by the State.
Article 55 The civil airport construction plan
shall be coordinated with city construction planning.
Article 56 The construction, modification and
extension of a civil airport shall conform to the plan of
civil airport distribution and construction formulated
according to law and to the standards of civil airport,
and shall be subject to the approval of the competent
authority concerned and implemented in accordance
with State regulations.
A construction project of civil airport not conforming
to the plan of civil airport distribution and
construction formulated according to law shall not be
approved.
Article 57 With respect to the construction and
extension of a civil airport, an announcement shall be
issued by the local People's Government at or above
the county level in the place where the civil airport is 10-
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cated.
The announcement prescribed in the preceding
paragraph shall be published in main local newspapers,
and posted in areas around the airport to be constructed
or extended.
Article 58 The following actrviues are prohibited
within the limits of civil airport defined according
to law and within the airport obstacle clearance protection
zone defined according to State regulations:
(1) The construction of buildings or facilities that
will possibly affect flight safety by emitting large
amount of smoke, dust, flames and waste gas in the air;
(2) The construction of buildings or facilities that
will affect flight safety such as shooting range and storage
of strong explosives;
(3) The construction of buildings or facilities that
do not meet the requirements of obstacle clearance of
the airport;
(4) The installation of lights, signs or objects that
will affect the use of airport visual navaid.
(5) The growing of plants that will affect flight
safety or affect the use of airport navaid.
(6) The keeping and setting free of birds and other
objects that will affect flight safety; and
(7) The construction of buildings or facilities that
will affect the electromagnetic environment of the airport.
Herding of livestock within the limits of civil air-
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port defined according to law is prohibited.
Article 59 Before the issue of announcement
concerning the construction and extension of a civil
airport, the buildings, structures, trees, lights and other
obstacles existing within the limits of the civil airport
defined according to law and within the airport obstacle
clearance protection zone defined in accordance with
State regulations that might affect flight safety shall be
removed within prescribed time limit; the damage
caused thereby shall be compensated or other remedial
measures shall be taken according to law.
Article 60 After the issue of announcement
concerning the construction and extension of a civil
airport, the buildings, structures, trees, lights and other
obstacles, that affect flight safety, built, planted or put
up in violation of this Law and the provisions of relevant
administrative rules and regulations by any unit or
individual within the limits of the civil airport defined
according to law and within the airport obstacle clearance
protection zone defined in accordance with State
regulations shall be removed by the order of the local
People!s Government at or above the county level in
the place where the airport is located; the damage
caused thereby shall be borne by the person who built,
planted or put up such obstacles.
Article 61 In accordance with the relevant regu-
25-
lations of the State, movement obstacle lights and
marks shall be installed on high buildings or facilities,
outside the civil airport and its obstacle clearance protection
zone defined according to State regulations, that
will possibly affect flight safety, and shall be kept in
normal condition.
Article 62 A civil airport may be opened to traffic
only if it holds an airport operating licence.
A civil airport may apply for an airport operating
licence if it meets the following conditions and has been
checked and accepted as qualified according to State
regulations:
(1) It has available a movement area, a terminal
area, a working area and service facilities and personnel
corresponding to its operation;
(2) It has available air traffic control, communication,
navigation and meteorological facilities and personnel
that can ensure flight safety;
(3) It has available security protection conditions
conforming to State regulations;
(4) It has an emergency plan to deal with extraordinary
circumstances and corresponding facilities and
personnel; and
(5) It has available other conditions prescribed by
the competent civil aviation authority under the State
Council.
An international airport shall also have the conditions
for operating international air transport and be
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provided with customs and other port inspection organs.
Article 63 A civil airport operating licence shall
be applied for by airport administrative organ to the
competent civil aviation authority under the State
Council, and shall be issued after the application being
examined and approved by the competent civil aviation
authority under the State Council.
Article 64 The establishment of an international
airport shall be reported by the competent civil aviation
authority under the State Council for the examination
and approval of the State Council.
The opening to traffic of an international airport
shall be announced to the public by the competent civil
aviation authority under the State Council; the data of
an international airport shall be exclusively provided by
the competent civil aviation authority under the State
Council.
Article 65 A civil airport shall take measures to
ensure the safety of personnel and property in the airport
in accordance with the provisions of the competent
civil aviation authority under the State Council.
Article 66 A civil airport used by civil aircraft
for the purpose of transporting passengers and cargo
shall be equipped with necessary facilities to provide
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good service to passengers, shippers and consignees in
accordance with the standards provided by the competent
civil aviation authority under the State Council.
Article 67 A civil airport administrative organ
shall protect well the environment of the civil airport in
accordance with the provisions of the laws and administrative
rules and regulations concerning environmental
protection.
Article 68 A user!s charge and a service charge
shall be paid for the use of civil airport and its navaid
by a civil aircraft; the rates of user!s charge and service
charge shall be formulated jointly by the competent civil
aviation authority under the State Council and the finance
department and the competent authority of
prices under the State Council.
Article 69 Where a civil airport is abandoned or
used for other purposes, the civil airport administrative
organ shall go through the formalities of reporting and
approval in accordance with State regulations.
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Chapter VII
Air Navigation
Section 1 Airspace Management
Article 70 The State exercises unified management
over the airspace.
Article 71 In delineating the airspace, consideration
shall be given to the requirements of both civil
aviation and the security of national defence and to
public interest for the rational, full and effective utilization
of the airspace.
Article 72 The specific measures for airspace
management shall be formulated jointly by the State
Council and the Central Military Commission.
Section 2 Flight Management
Article 73 Responsibility for the control of aircraft
operating within a defined, controlled airspace
shall be vested in a single air traffic control unit.
Article 74 The approval of an air traffic control
unit shall be obtained for a civil aircraft to conduct
flight activities in a controlled airspace.
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Article 75 A civil aircraft in flight shall follow
the air route and fly at the altitude specified by the air
traffic control unit; permission shall be obtained from
the air traffic control unit if a deviation from the air
route or a change in flight altitude specified is necessary
for one reason or another.
Article 76 Aircraft flying in the territory of the
People's Republic of China must observe unified rules
of the air.
A civil aircraft performing visual flight shall observe
visual flight rules and keep a safe separation from
other aircraft and ground obstacles.
A civil aircraft performing instrument flight shall
observe instrument flight rules.
The rules of the air shall be formulated jointly by
the State Council and the Central Military
Commission.
Article 77. No crew member of a civil aircraft
shall perform a flight mission if his flight time or time
on duty exceeds the time limits prescribed by the competent
civil aviation authority under the State Council.
No crew member of a civil aircraft shall perform a
flight mission if his work capacity is impaired by the effect
of alcoholic beverage, narcotic or other drugs.
Article 78 No civil aircraft shall fly into a pro-
30-
hibited area unless it is specially approved in
accordance with State regulations; no civil aircraft shall
fly into a restricted area unless it observes the prescribed
conditions of restriction.
The prohibited area and restricted area specified in
the preceding paragraph are defined in accordance with
State regulations.
Article 79 No civil aircraft shall fly across the
airspace over a city except in one of the following circumstances:
(I) It is necessary for takeoff, landing or specified
air route;
(2) The flight altitude is high enough to permit the
civil aircraft to leave the airspace over the city in the
event of emergency without undue hazard to persons or
property on the surface;
(3) The flight has been approved in accordance
with the procedures prescribed by the State.
Article 80 Nothing shall be dropped or sprayed
from a civil aircraft in flight except in one of the following
circumstances:
(I) It is indispensable for flight safety; or
(2) It is indispensable for performing a rescue mission
or other flight missions conforming to the public
interest of the society.
Article 81 No civil aircraft shall fly out of the
-31-
territorial airspace of the People's Republic of China
unless approved.
Where a civil aircraft is leaving the airspace of the
People's Republic of China without authorization, the
department concerned has the right to take necessary
measures to stop it in accordance with concrete conditions.
Section 3 Flight Support
Article 82 An air traffic control unit shall provide
air traffic services to civil aircraft in flight, including
air traffic control service, flight information
service and alerting service.
The purpose of providing air traffic control service
is to prevent collisions between civil aircraft and aircraft,
and between civil aircraft and obstacles, and
maintain and expedite an orderly flow of air traffic.
The purpose of providing flight information service
is to provide advice and information useful for the
safe and efficient conduct of flights.
The purpose of providing alerting service is to notify
appropriate organizations regarding aircraft in need
of search and rescue aid, and assist such organizations
as required.
Article 83 In the event that an air traffic control
unit discovers a civil aircraft deviated from its
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specified air route or lost its course, it shall rapidly
take all necessary measures to enable the aircraft to
regain course.
Article 84 Necessary navigation, communication,
meteorological and ground monitoring equipments
shall be installed on the air route.
Article 85 The natural obstacles that affect
flight safety on air route shall be marked on aeronautical
charts; flight obstacle lights and marks shall be installed
on man-made obstacles that affect flight safety
on air route and shall be kept in normal condition.
Article 86 The construction of a shooting range
or other facilities that will possibly affect flight safety is
prohibited within the area extending 30 kilometers
from the edges of an air route, unless it is a shooting
range for flat trajectory light weapon.
The construction of a fixed or temporary air shooting
ground beyond the area prescribed in the preceding
paragraph shall be subject to approval according to relevant
State regulations; the shooting direction of an air
shooting range shall not intersect an air route.
Article 87 Any activity that will possibly affect
flight safety may be carried out only after being approved
according to law with necessary measures being
taken to ensure flight safety.
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Article 88 The competent civil aviation authority
under the State Council shall exercise control over
civil aviation radio stations and the special frequencies
assigned to be used by civil aviation system according
to law.
No radio station or other instrument and device
used by a unit or an individual shall hinder the normal
use of civil aviation special radio frequencies. Where
harmful interference has been caused to civil aviation
special radio frequencies, the unit or individual concerned
shall rapidly remove such interference; the use of
such radio station or other instrument and device shall
be stopped before the removal of the interference.
Article 89 The post and telecommunication enterprise
shall give priority in service to civil aviation
telecommunication transmission.
The State meteorological organ shall provide necessary
meteorological data to civil aviation meteorologicalorgan.
Section 4 Essential Documentsfor Flight
Article 90 A civil aircraft engaged in flight operation
shall carry the following documents:
(1) Civil aircraft certificate of nationality registration;
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(2) Civil aircraft certificate of airworthiness;
(3) Appropriate licences for crew members;
(4) Civil aircraft journey log book;
(5) If the civil aircraft is equipped with radio apparatus,
its radio station licence;
(6) If the civil aircraft carries passengers, a list of
their names and places of embarkation and destination;
(7) If the civil aircraft carries cargo, a manifest and
detailed declarations of the cargo; and
(8) Other documents that should be carried according
to the flight mission.
Where a civil aircraft fails to carry the documents
as listed in the preceding paragraph according to regulations,
the competent civil aviation authority under the
State Councilor the regional civil aviation administrative
organ authorized by it may prohibit such civil aircraft
to take off.
Chapter VIII
Public Air Transport Enterprise
Article 91 "Public air transport enterprise"
means a corporate enterprise engaged in the transport
of passengers, baggage, mail or cargo with civil aircraft
for the purpose of making profit.
Article 92 In establishing a public air transport
-35-
enterprise, application shall be filed with the competent
civil aviation authority under the State Council for operating
licence, and registration with the administrative
department for industry and commerce shall be performed
according to law; where a public air transport
enterprise fails to obtain operating licence, no registration
shall be performed for such enterprise by the administrative
department for industry and commerce.
Article 93 The establishment of a public air
transport enterprise shall satisfy the following conditions:
(1) It has the civil aircraft conforming to the requirements
of ensuring flight safety as stipulated by the
State;
(2) It has the necessary airmen who have been issued
licences according to law;
(3) It has the registered capital not less than the
minimum limit prescribed by the State Council; and
(4) Other conditions prescribed by laws and administrative
rules and regulations.
Article 94 The provisions of the Company Law
shall be applicable to the form of organization and
institutional framework of public air transport enterpnses.
Where the form of organization and institutional
framework of the public air transport enterprises established
before the implementation of this Law do not
-36-
completely conform to the provisions of the Company
Law, original provisions can continue to be followed,
and the date of the application of the provisions in the
preceding paragraph shall be specified by the State
Council.
Article 95 A public air transport enterprise
shall take the assurance of flight safety, the regularity of
flight and the provision of good service as guiding principles,
and take effective measures to improve transport
service quality.
A public air transport enterprise shall educate and
require its staff and workers to strictly perform their
duties, and conscientiously accomplish the services of
transporting passengers and cargo with refined manners
and thoughtfulness.
In the event of delay in passenger transport flight,
relevant information shall be announced in time in the
airport.
Article 96 A public air transport enterprise
shall apply to the competent civil aviation authority
under the State Council for approval with respect to the
air route to be operated for scheduled air services, and
the suspension or termination of the operation of air
route.
A public air transport enterprise operating scheduled
air services shall have its timetable published.
-37-
Article 97 The chargeable business items of a
public air transport enterprise shall be determined by
the competent civil aviation authority under the State
Council.
The measures for the control of tariff of domestic
air transport shall be formulated jointly by the competent
civil aviation authority under the State Council and
the competent authority of prices under the State
Council, and shall be implemented after being approved
by the State Council.
The tariff of international air transport shall be
implemented in accordance with the provisions of the
agreements signed between the Government of the
People's Republic of China and foreign governments; in
the absence of any agreement, the tariff shall be formulated
with reference to the market prices of international
air transport, and shall be implemented after being
approved by the competent civil aviation authority under
the State Council.
Article 98 The operation of non-scheduled air
transport by a public air transport enterprise shall be
subject to the approval of the competent civil aviation
authority under the State Council, provided that it shall
not affect the normal operation of scheduled air transport.
Article 99 A public air transport enterprise
shall formulate a security plan in accordance with the
-38-
public air transport security regulations formulated by
the State Council, and report to the competent civil
aviation authority under the State Council for the record.
Article 100 No public air transport enterprise
shall carry articles the transport of which is prohibited
by the provisions of laws and administrative rules and
regulations.
No public air transport enterprise shall carry munitions
of war and implements of war unless approved
by the competent civil aviation authority under the
State Council.
Passengers bringing on their persons articles the
transport of which is prohibited by the provisions of
laws and administrative rules and regulations are prohibited
from flying in a civil aircraft.
Article 101 A public air transport enterprise
shall observe the relevant regulations of the State in the
transport of dangerous articles.
The consigning of dangerous articles for shipment
under the name of non-dangerous articles is
prohibited.
Passengers bringing dangerous articles on their
persons are prohibited from flying in a civil aircraft.
Passengers bringing firearms or controlled knives are
prohibited from flying in a civil aircraft unless they are
performing official duties and approved in accordance
-39-
with State regulations. The consigning of dangerous articles
as baggage for shipment against the provisions
stipulated by the competent civil aviation authority under
the State Council is prohibited.
The names of dangerous articles shall be prescribed
and published by the competent civil aviation
authority under the State Council.
Article 102 No public air transport enterprise
shall carry passengers who refused to accept security inspection,
nor shall it carry baggage which have not
gone through security inspection against State regulation.
A public air transport enterprise must carry out security
inspection or take other measures to ensure the
security of the cargo it undertakes to transport in
accordance with the provisions stipulated by the competent
civil aviation authority under the State Council.
Article 103 The civil aircraft of a public air
transport enterprise engaged in international air transport
and the persons, baggage and cargo carried therein
shall accept the inspection of such competent authorities
as frontier inspection, customs and quarantine;
provided that unnecessary delay shall be prevented at
the time of inspection.
Article 104 A public air transport enterprise
shall give priority to the transport of mail in accordance
-40-
with the provisions of relevant laws and administrative
rules and regulations.
Article 105 A public air transport enterprise
shall be covered by insurance against liability for third
parties on the surface.
Chapter IX
Public Air Transport
Section 1 Basic Principles
Article 106 This Chapter shall apply to the
transport of persons, baggage, or cargo performed by
the civil aircraft of public air transport enterprise, including
the gratuitous transport performed by the civil
aircraft of public air transport enterprise.
This Chapter shall not apply to the transport of
mail performed by civil aircraft.
The provisions of this Chapter shall apply to the
part of transport by air in the case of multi-modal
transport.
Article 107 "Domestic air transport" referred to
in this Chapter means any transport in which, according
to the contract of transport by air between the parties,
the place of departure, the place of destination and
-41-
the agreed stopping place are all situated within the territory
of the People's Republic of China.
"International air transport" referred to in this
Chapter means any transport in which, according to the
contract of transport by air between the parties, the
place of departure, the place of destination or the
agreed stopping place, whether or not there be a break
in the transport or a transshipment, is not situated within
the territory of the People/s Republic of China.
Article 108 Transport to be performed by several
successive air carriers is deemed to be one undivided
transport, if it has been regarded by the parties to
the contract of transport by air as a single operation,
whether it had been agreed upon under the form of a
single contract or of a series of contracts.
Section 2 TransportDocuments
Article 109 For the transport of passengers the
carrier shall deliver a passenger ticket. A passenger to
travel in civil aircraft shall produce a valid passenger
ticket for check.
Article 110 The contents of a passenger ticket
shall be prescribed by the competent civil aviation authority
under the State Council. A passenger ticket shall
at least contain the following particulars:
-42-
(1) The place of departure and of destination;
(2) If the places of departure and destination are
within the territory of the People's Republic of China,
one or more agreed stopping places being outside the
said territory, an indication of at least one such stopping
place; and
(3) If the ultimate destination, the place of departure
or the agreed stopping place of the passenger/s
journey is not situated within the territory of the
People's Republic of China, a notice indicating the international
air transport convention applicable to such
transport, in case such convention requires the inclusion
of the notice in the passenger ticket.
Article 111 The passenger ticket shall constitute
prima facie evidence of the conclusion and conditions
of the contract of transport of passenger by air.
The failure of the passenger to produce the passenger
ticket, or the irregularity or loss of the passenger
ticket does not affect the existence or validity of the
contract of transport.
In domestic air transport, if, with the consent of
the carrier, the passenger embarks on a civil aircraft
without a passenger ticket having been delivered, the
carrier shall not be entitled to avail himself of the provisions
of Article 128 of this Law concerning the limit of
liability.
In international air transport, if, with the consent
of the carrier, the passenger embarks on a civil aircraft
-43-
without a passenger ticket having been delivered, or if
the ticket does not include the notice required by
sub-paragraph (3) of Article 110 of this Law, the carrier
shall not be entitled to avail himself of the provisions
of Article 129 of this Law concerning the limit of liability.
Article 112 In respect of the transport of
checked baggage by a carrier, a baggage check may be
combined with or incorporated in a passenger ticket. In
addition to the provisions of Article 110 of this Law, a
baggage check shall also include the following particulars:
(l) The number of packages and weight of the
baggage; and
(2) If a declaration of interest in delivery at destination
of the checked baggage is required, indicate the
sum of declared interest.
The baggage check shall constitute prima facie evidence
of the checking of the baggage and of the conditions
of the contract of transport.
The failure of the passenger to produce the baggage
check, or the irregularity or loss of the baggage
check does not affect the existence or validity of the
contract of transport.
In domestic air transport, if the carrier carries the
checked baggage without a baggage check having been
delivered, he shall not be entitled to avail himself of the
provisions of Article 128 of this Law concerning the
-44-
limit of liability.
In international air transport, if the carrier carries
the checked baggage without a baggage check having
been delivered, or if the baggage check does not include
the notice required by sub-paragraph (3) of Article 110
of this Law, the carrier shall not be entitled to avail
himself of the provisions of Article 129 of this Law
concerning the limit of liability.
Article 113 The carrier has the right to require
the shipper to make out an air waybill; a shipper has
the right to require the carrier to accept the air waybill.
The failure of the shipper to produce the air waybill, or
the irregularity or loss of the air waybill shall not affect
the existence or validity of the contract of transport.
Article 114 The air waybill shall be made out by
the shipper in three original parts and be handed over
to the carrier with the cargo.
The first part of the air waybill shall be marked
"for the carrier" and shall be signed and sealed by the
shipper; the second part shall be marked "for the consignee"
and shall be signed and sealed by both the shipper
and the carrier; the third part shall be signed and
sealed by the carrier and handed by him to the shipper
after the cargo has been accepted.
If, at the request of the shipper, the carrier makes
out the air waybill, he shall be deemed, subject to proof
to the contrary, to have done so on behalf of the ship-
-45-
per.
Article 115 The contents of an air waybill shall
be prescribed by the competent civil aviation authority
under the State Council. An air waybill shall at least
contain the following particulars:
(1) The place of departure and of destination;
(2) If the places of departure and destination are
within the territory of the People's Republic of China,
one or more agreed stopping places being outside such
territory, an indication of at least one such stopping
place; and
(3) If the ultimate destination, the place of departure
or the agreed stopping place of the cargo transport
is not situated within the territory of the People's Republic
of China, a notice indicating the international air
transport convention applicable to such transport, in
case such convention requires the inclusion of the notice
in the air waybill.
Article 116 In domestic air transport, if, with
the consent of the carrier, cargo is carried without an
air waybill having been made out, the carrier shall not
be entitled to avail himself of the provisions of Article
128 of this Law concerning the limit of liability.
In international air transport, if, with the consent
of the carrier, cargo is carried without an air waybill
having been made out, or if the air waybill does not include
the notice required by sub-paragraph (3) of Arti-
-46-
de 115 of this Law, the carrier shall not be entitled to
avail himself of the provisions of Article 129 of this
Law concerning the limit of liability.
Article 117 The shipper shall be responsible for
the correctness of the particulars and statements relating
to the cargo which he inserts in the air waybill.
The shipper shall indemnify the carrier against all
damage suffered by him, or by any other person to
whom the carrier is liable, by reason of the irregularity,
incorrectness or incompleteness of the particulars and
statements inserted in the air waybill.
Article 118 The air waybill shall be prima facie
evidence of the conclusion of the contract of transport
of cargo by air, of the conditions of transport and of
the receipt of the cargo by the carrier.
The statements in the air waybill relating to the
weight, dimensions, and packing of the cargo, as well as
those relating to the number of packages, shall be prima
facie evidence of the facts stated. Those relating to
the quantity, volume, and conditions of the cargo shall
not constitute evidence against the carrier except so far
as they both have been and are stated in the air waybill
to have been checked by him in the presence of the
shipper, or relate to the apparent condition of the
cargo.
Article 119 Subject to his liability to carry out
-47-
all his obligations under the contract of transport of
cargo by air, the shipper shall have the right to dispose
of the cargo by withdrawing them at the airport of departure
or destination, or by stopping them in the
course of the journey on any landing, or by calling for
them to be delivered at the place of destination, or in
the course of the journey to a person other than the
consignee named in the air waybill, or by requiring
them to be returned to the airport of departure; provided
that the shipper must not exercise this right of disposition
in such a way as to prejudice the carrier or other
shippers and he must repay any expenses occasioned by
the exercise of this right.
If it is impossible to carry out the orders of the
shipper, the carrier must so inform him forthwith.
If the carrier obeys the orders of the shipper for the
disposition of the cargo without requiring the production
of the part of the air waybill delivered to the latter,
he will be liable, without prejudice to his right of recovery
from the shipper, for any damage which may be
caused thereby to any person who is lawfully in possession
of that part of the air waybill.
The right conferred on the shipper shall cease at
the moment when that of the consignee begins in
accordance with the provisions of Article 120 of this
Law; provided that if the consignee declines to accept
the air waybill or the cargo, or if he cannot be communicated
with, the shipper shall resume his right of disposition.
-48-
Article 120 Except in the circumstances set out
in Article 119, the consignee shall be entitled, on arrival
of the cargo at the place of destination, to require the
carrier to hand over to him the air waybill and to deliver
the cargo to him, on payment of the charges due and
on complying with the conditions of transport set out in
the air waybill.
Unless it is otherwise agreed, it shall be the duty of
the carrier to give notice to the consignee as soon as the
cargo arrives.
If the carrier admits the loss of the cargo, or if the
cargo has not arrived at the expiration of seven days after
the date on which it ought to have arrived, the consignee
shall be entitled to put into force against the carrier
the rights which flow from the contract of transport
of cargo by air.
Article 121 The shipper and the consignee can
respectively enforce all the rights given them by Articles
119 and 120 of this Law, each in his own name,
whether he is acting in his own interest or in the interest
of another, provided that he carries out the obligations
imposed by the contract of transport of cargo by air.
Article 122 The provisions of Articles 119, 120
and 121 of this Law shall not affect the relations of the
shipper and the consignee with each other or the mutual
relations of third parties whose right are derived ei-
-49-
ther from the shipper or from the consignee.
Any terms of the contract which are different from
the provisions of Articles 119, 120 and 121 of this
Law shall be expressly stated in the air waybill.
Article 123 The shipper shall furnish such information
and documents as are necessary to meet the
formalities provided by laws and administrative rules
and regulations before the cargo can be delivered to the
consignee. The shipper shall be liable to the carrier for
any damage occasioned by the absence, insufficiency or
irregularity of any such information or documents, unless
the damage is due to the fault of the carrier, his servants
or agents.
The carrier is under no obligation to check such information
or documents unless otherwise provided by
laws and administrative rules and regulations.
Section 3 Liability of the Carrier
Article 124 The carrier shall be liable for the
death or personal injury of a passenger, if the accident
took place on board the civil aircraft or in the course of
any of the operations of embarking on or disembarking
from the civil aircraft; provided that the carrier is not
liable if the death or injury resulted solely from the state
of health of the passenger.
-50-
Article 125 The carrier shall be liable for the
destruction or loss of, or damage to , any carry-on articles
of the passenger, if the occurrence took place on
board the civil aircraft or in the course of any of the
operations of embarking on or disembarking from the
civil aircraft of the passenger. The carrier shall be liable
for the destruction or loss of, or damage to any checked
baggage of the passenger, if the occurrence took place
during the transport by air.
The carrier shall not be liable for the destruction or
loss of, or damage to, any carry-on articles or checked
baggage of the passenger if such destruction or loss or
damage resulted solely from the inherent defect, quality
or vice of the baggage.
"Baggage" referred to in this Chapter includes
both checked baggage and the carry-on articles of the
passenger.
The carrier shall be liable for the destruction or
loss of, or damage to, any cargo if the occurrence took
place during the transport by air; provided that the carrier
is not liable if he proves that the destruction or loss
of, or damage to, the cargo resulted solely from one or
more of the following:
(1) Inherent defect, quality or vice of that cargo;
(2) Defective packing of that cargo performed by a
person other than the carrier or his servants or agents;
(3) An act of war or an armed conflict; or
(4) An act of public authority carried out in connection
with the entry, exit or transit of the cargo.
-51-
The IIperiod of the transport by air" referred to in
this Article means the whole period during which the
checked baggage or cargo is in the charge of the carrier,
whether in an airport or on board a civil aircraft, or, in
the case of a landing outside the airport, in any place
wha tsoever.
The period of the transport by air does not extend
to any transport by land, by sea or by river performed
outside an airport; provided that if such transport is
used for loading, delivery or transshipment for the performance
of a contract of transport by air, any damage
took place during such transport is presumed, subject
to proof to the contrary, to have been the damage taken
place during the period of transport by air.
Article 126 The carrier shall be liable for damage
occasioned by delay in the transport by air of passengers,
baggage or cargo; provided that the carrier is
not liable if he proved that he and his servants or agents
have taken all necessary measures to avoid the damage
or that is was impossible for him or them to take such
measures.
Article 127 In the transport of passengers and
baggage, if the carrier proves that the damage was
caused by or contributed to by the fault of the claimant,
the carrier may be wholly or partly exonerated
from his liability in accordance with the extent of the
fault that caused or contributed to such damage.
-52-
Where a person other than the passenger claims compensation
with respect to the death or injury of the
passenger, the carrier may similarly be wholly or partly
exonerated from his liability in accordance with the
extent of the fault that caused or contributed to such
damage, if the carrier proves that the death or injury
was caused by or contributed to by the fault of the
passenger himself.
In the transport of cargo, if the carrier proves that
the damage was caused by or contributed to the fault of
the person claiming compensation, or the person from
whom he derived his right, the carrier shall be wholly or
partly exonerated from his liability in accordance with
the extent of the fault that caused or contributed to
such damage.
Article 128 The limits of carrier's liability in
domestic air transport shall be formulated by the competent
civil aviation authority under the State Council
and put in force after being approved by the State
Council.
If the passenger or the shipper has made, at the
time when the checked baggage or cargo was handed
over to the carrier, a special declaration of interest in
delivery at destination and has paid a supplementary
sum if the case so requires, the carrier shall be liable to
pay a sum not exceeding the declared sum, unless he
proves that the sum declared by the passenger or shipper
is greater than the actual interest of the checked
-53-
baggage or cargo in delivery at destination; the other
provisions of Article 129 of this Law shall be applicable
to domestic air transport except the limits of liability.
Article 129 In international air transport, the
liability of the carrier shall be as the following:
(1) The liability of the carrier for each passenger is
limited to the sum of 16600 units of account. Nevertheless,
the passenger may agree with the carrier in writing
to a limit of liability higher than that prescribed by
this sub-paragraph;
(2) The liability of the carrier for each kilogram of
checked baggage or cargo is limited to a sum of
17 units of account. If the passenger or shipper has
made, at the time when the package was handed over to
the carrier, a special declaration of interest in delivery
at destination and has paid a supplementary sum if the
case so requires, the carrier shall be liable to pay a sum
not exceeding the declared sum, unless he proves that
the sum declared by the passenger or shipper is greater
than the actual interest of the checked baggage or cargo
in delivery at destination.
In the case of destruction, loss, damage or delay of
a part of checked baggage or cargo, or of any object
contained therein, the weight to be taken into consideration
in determining the amount to which the carrier's
liability is limited shall only be the total weight of the
package or packages concerned. Nevertheless, when the
destruction, loss, damage or delay of a part of the
-54-
checked baggage or cargo, or of an object contained
therein, affects the value of other packages covered by
the same baggage check or the same air waybill, the total
weight of such package or packages shall also be
taken into consideration in determining the limit of liability
of the carrier.
(3) The liability of the carrier for carry-on baggage
of a passenger is limited to 332 units of account per
passenger.
Article 130 Any provision tending to relieve the
carrier of the liability prescribed by this Law or to fix a
lower limit than that which is laid down in this Law
shall be null and void, but the nullity of any such provision
shall not involve the nullity of the whole contract
of transport by air.
Article 131 Any action for damage occurred in
air transport, however founded, can only be brought
subject to the conditions and limits of liability set out in
this Law, without prejudice to the question as to who
are the persons who have the right to bring suit and
what are their respective rights.
Article 132 The carrier shall not be entitled to
avail himself of the provisions of Articles 128 and
129 of this Law concerning the limit of liability if it is
proved that the damage in the air transport resulted
from an act or omission of the carrier, his servants or
-55-
agents, done with intent to cause damage or recklessly
and with knowledge that damage would probably
result; provided that, in the case of such act or omission
of a servant or agent of the carrier, it is also proved that
he was acting within the scope of his employment.
Article 133 If an action is brought against a
servant or agent of the carrier arising out of damage
during air transport, such servant or agent, if it proves
that he acted within the scope of his employment, shall
be entitled to avail himself of the limits of liability as
provided in Articles 128 and 129 of this Law.
The aggregate of the amounts recoverable from the
carrier, his servants and agents, in the case provided in
the preceding paragraph, shall not exceed the legal limits
ofliability.
The provisions of paragraphs 1 and 2 of this Article
shall not apply if it is proved that the damage in air
transport resulted from an act or omission of the servant
or agent of the carrier done with intent to cause
damage or recklessly and with knowledge that damage
would probably result.
Article 134 Receipt by the passenger of checked
baggage or receipt of cargo by the consignee without
complaint shall be prima facie evidence that the same
have been delivered in good condition and in
accordance with the document of transport.
In the case of damage to checked baggage or
-56-
cargo, the passenger or consignee must complain to the
carrier forthwith after the discovery of the damage, and
at the latest, within seven days from the date of receipt
in the case of checked baggage and fourteen days from
the date of receipt in the case of cargo. In the case of delay
the complaint must be made at the latest within
twenty-one days from the date on which the checked
baggage or cargo have been placed at the disposition of
the passenger or consignee.
Every complaint must be made in writing upon the
document of transport or by separate notice dispatched
within the periods prescribed in the preceding paragraph.
Failing complaint within the periods provided in
paragraph 2 of this Article, the passenger or consignee
shall be deprived of the right to claim compensation
from the carrier, save in the case of fraud on the part of
the carrier.
Article 135 The time for bringing up an action
concerning air transport is limited to two years, reckoned
from the date of arrival of civil aircraft at the destination,
or from the date on which the civil aircraft
ought to have arrived, or from the date on which the
transport stopped.
Article 136 In the case of transport to be performed
by various successive carriers, each carrier who
accepts passengers, baggage or cargo shall be subject to
-57-
the provisions of this Law, and shall be deemed to be
one of the contracting parties to the contract of transport
in so far as that part of the transport is concerned
which is performed by it in accordance with the contract.
In the case of transport of this nature, the passenger
or his successor can take action only against the
carrier who performed the part of transport during
which the accident or the delay occurred, save in the
case where, by express agreement, the first carrier shall
assume liability for the whole journey.
As regards checked baggage or cargo, the passenger
or shipper shall have the right of action against the
first carrier, and the passenger or consignee shall have
the right of action against the last carrier, and further,
each may take action against the carrier who performed
the part of transport during which the destruction, loss,
damage, or delay took place. These carriers shall be
jointly and severally liable to the passenger or to the
shipper or consignee.
Section 4 Special Provisions Governing Air
Transport Performed by Actual Carrier
Article 137 "Contracting carrier" referred to in
this Section means any person who has concluded a
contract of transport by air subject to the regulations of
this Chapter in his own name with a passenger or a
-58-
shipper, or with the agent of a passenger or of a
shipper.
IIActual carrier" referred to in this Section means
any person to whom the performance of the whole or
part of the transport referred to in the preceding paragraph
has been authorized by the contracting carrier,
and who is not the successive carrier as provided in this
Chapter; in the absence of a proof to the contrary, such
authorization is deemed to be in existence.
Article 138 Both the contracting carrier and the
actual carrier shall, except as otherwise provided in this
Section, be subject to the provisions of this Chapter.
The contracting carrier shall be responsible for the
whole of the transport contemplated in the contract.
The actual carrier shall be responsible for the transport
which he performs.
Article 139 The acts and omissions of an actual
carrier and of his servants and agents acting within the
scope of their employment shall, in relation to the
transport performed by the actual carrier, be deemed to
be also those of the contracting carrier.
The acts and omissions of the contracting carrier
and of his servants and agents acting within the scope
of their employment shall, in relation to the transport
performed by the actual carrier, be deemed to be also
those of the actual carrier. Nevertheless, no such act or
omission shall subject the actual carrier to liability ex-
-59-
ceeding the legal limits.
Any special agreement under which the contracting
carrier concerned assumes obligations not imposed
by this Chapter or waives the rights conferred by
this Chapter or any special declaration of interest in delivery
at destination contemplated in Articles 128 and
129 of this Law, shall not affect the actual carrier unless
agreed by him.
Article 140 Any claim to be made or order to
be given under the provisions of this Chapter shall have
equal effect whether addressed to the contracting carrier
or to the actual carrier. Nevertheless, orders referred
to in Article 119 of this Law shall only be effective if
addressed to the contracting carrier.
Article 141 In relation to the transport performed
by the actual carrier, any servant or agent of
that carrier or of the contracting carrier shall, if he
proves that he acted within the scope of his employment,
be entitled to avail himself of the provisions of
Articles 128 and 129 of this Law concerning the limits
of liability, unless he acted in a manner which, under
the provisions of this Law, prevents the limits of liability
from being invoked.
Article 142 In relation to the transport performed
by the actual carrier, the aggregate of the
amounts recoverable from that carrier and the con-
-60-
tracting carrier, and from their servants and agents acting
within the scope of their employment, shall not exceed
the highest amount which could be awarded
against either the contracting carrier or the actual carrier
under this Law, but none of the persons mentioned
shall be liable for a sum in excess of the limit of liability
applicable to him.
Article 143 In relation to the transport performed
by the actual carrier, an action may be brought
against that carrier or the contracting carrier
separately, or against both together; the carrier against
whom an action has been brought shall have the right
to require the other carrier to join in the proceedings.
Article 144 Except as provided in Article 143 of
this Law, nothing in this Section shall affect the rights
and obligations between the actual carrier and the contracting
carrier.
Chapter X
General Aviation
Article 145 "General aviation" means civil aviation
operations other than public air transport with civil
aircraft, including aerial work in the fields of
industry, agriculture, forestry, fishery and building in-
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dustry, and flight operations III the fields of medical
and health work, emergency and disaster relief, meteorological
service, ocean monitoring, scientific experiment,
education and training, culture and sports.
Article 146 The operation of general aviation
shall satisfy the following conditions:
(I) The availability of civil aircraft suitable to the
general aviation activities to be operated and conforming
to the requirements of ensuring flight safety;
(2) The availability of necessary airmen who have
been issued licences according to law; and
(3) Other conditions conforming to the provisions
of laws and administrative rules and regulations.
The operation of general aviation for commercial
purposes is limited to corporate enterprises.
Article 147 Those engaged in general aviation
operations not for commercial purposes shall register
with the competent civil aviation authority under the
State Council.
Those engaged in general aviation operations for
commercial purposes shall apply to the competent civil
aviation authority under the State Council for general
aviation operating licences, and register with the administrative
department for industry and commerce according
to law; no registration shall be performed by the
administrative department for industry and commerce
for those that failed to obtain operating licences.
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Article 148 A general aviation enterprise engaged
in general aviation operations for commercial
purposes shall enter into agreement in writing with users
with the exception of rescue or disaster relief operations
under emergent circumstances.
Article 149 In organizing and carrying out aerial
work, effective measures shall be taken to ensure
flight safety, protect environment and ecological balance
and prevent damage to be caused to environment,
residents, crops or livestock.
Article 150 Those engaged in general avration
operations shall be covered by insurance against liability
for third parties on the surface.
Chapter XI
Search and Rescue and Accident Investigation
Article 151 A civil aircraft in emergency shall
flash signals and report to air traffic control unit to request
rescue; the air traffic control unit shall notify immediately
the search and rescue coordination centre. A
civil aircraft in emergency on the sea shall also flash
signals to vessels and national maritime search and rescue
service.
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Article 152 Any unit or person observing or listening
in to the emergency of a civil aircraft shall immediately
notify the search and rescue coordination
centre concerned, the maritime search and rescue service
concerned or the local People's Government.
Article 153 Upon receiving the notification, the
search and rescue coordination centre, the local
People's Government and the maritime search and rescue
service shall immediately organize the search and
rescue operation.
The search and rescue coordination centre which
has received the notice shall manage to notify the civil
aircraft in emergency of the search and rescue measures
already taken.
The specific measures for searching and rescuing
civil aircraft shall be formulated by the State Council.
Article 154 The unit or person performing
search and rescue mission shall do their best to rescue
the persons carried in the civil aircraft, and take measures
to rescue the civil aircraft, protect the scene of accident
and preserve evidences according to regulations.
Article 155 The parties to an accident of civil
aircraft and persons concerned shall, at the time of investigation,
truthfully reflect the situation at the scene
of accident and other information concerning the acci-
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dent.
Article 156 The organization and procedures of
the investigation of civil aircraft accident shall be prescribed
by the State Council.
Chapter XII
Liability for Damage
to Third Parties on the Surface
Article 157 Any person on the surface (including
water surface, the same below) who suffers
death or personal injury or damage to property caused
by a civil aircraft in flight or by any person or thing falling
therefrom shall be entitled to compensation. Nevertheless,
the person suffers damage shall have no right
to compensation if the damage is not a direct consequence
of the incident giving rise thereto, or if the damage
results from the mere fact of passage of the civil aircraft
through the airspace in conformity with air traffic
regulations concerned of the State.
The term "in flight" mentioned in the preceding
paragraph means the period beginning from the moment
when power is applied by a civil aircraft for the
purpose of actual takeoff until the moment when the
landing run ends. In the case of a civil aircraft lighter
than air, the expression "in flight" relates to the period
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from the moment when it becomes detached from the
surface until it becomes again attached thereto.
Article 158 The liability for compensation contemplated
by Article 157 of this Law shall attach to the
operator of the civil aircraft.
The term "operator" mentioned in the preceding
paragraph means the person who was making use of the
civil aircraft at the time the damage was caused. However,
if the control of the navigation of the civil aircraft
was retained by the person from whom the right to
make use of the civil aircraft was derived, whether
directly or indirectly, that person shall still be considered
the operator.
The operator shall be considered to be making use
of a civil aircraft when his servants or agents are using
the civil aircraft in the course of their employment,
whether or not within the scope of their authority.
The registered owner of the civil aircraft shall be
presumed to be the operator and shall be liable as such
unless, in the proceedings for the determination of his
liability, he proves that some other person was the operator
and, in so far as legal procedures permit, takes
appropriate measures to make that other person a party
in the proceedings.
Article 159 If a person makes use of a civil aircraft
without the consent of the person entitled to its
navigational control and caused a damage to third par-
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ties on the surface, the person entitled to the navigation
control, unless he proves that he has exercised due care
to prevent such use, shall be jointly and severally liable
with the unlawful user.
Article 160 Any person who would otherwise
be liable under the provisions of this Chapter shall not
be liable if the damage is the direct consequence of
armed conflict or civil disturbance.
Any person who would otherwise be liable under
the provision of this Chapter shall not be liable if such
person has been deprived of the right to use the civil
aircraft by the public authority according to law.
Article 161 Any person who would otherwise
be liable under the provisions of this Chapter shall be
exonerated from the liability for damage if he proves
that the damage was caused solely by the fault of the
person who suffers the damage or of the latter's servants
or agents. If the person liable proves that the
damage was contributed to by the fault of the person
who suffers the damage, or of his servants or agents,
the compensation shall be reduced to the extent to
which such fault contributed to the damage. Nevertheless,
there shall be no such exoneration or reduction if,
in the case of the fault of a servant or agent, the person
who suffers the damage proves that his servant or agent
was acting outside the scope of his authority.
Where an action is brought by one person to rc-
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cover the damage arising from the death or injury of
another person, and the damage was caused by the fault
of such other person, or of his servants or agents, the
provisions of the preceding paragraph shall apply.
Article 162 When two or more civil aircraft
have collided or interfered with each other in flight and
damage for which a right to compensation as contemplated
in Article 157 of this Law results, or when two
or more civil aircraft have jointly caused such damage,
each of the civil aircraft concerned shall be considered
to have caused the damage and the operator of each
civil aircraft shall be liable.
Article 163 The persons referred to in paragraph
4 of Article 158 and Article 159 of this Law shall
be entitled to all defences which are available to an operator
under the provisions of this Chapter.
Article 164 Neither the operator, the owner,
any person liable under Article 159 of this Law, nor
their respective servants or agents, shall be liable for
damage on the surface caused by a civil aircraft in
flight or any person or thing falling therefrom otherwise
than as expressly provided in this Chapter, except
any such person who has caused the damage deliberately.
Article 165 Nothing in this Chapter shall preju-
68-
dice the question whether a person liable for damage in
accordance with its provisions has a right of recourse
against any other person.
Article 166 The operator of a civil aircraft shall
be covered by insurance against liability for third parties
on the surface or obtain corresponding guarantee.
Article 167 The insurer or the guarantor may,
in addition to the defences available to the operator,
and the defence of forgery, set up only the following defences
against claims brought up in accordance with the
provisions of this Chapter:
(1) That the damage occurred after the insurance
or guarantee ceased to be effective. However, if the insurance
or guarantee expires during a flight, it should
be continued in force until the next landing specified in
the flight plan, but no longer than twenty-four hours;
and
(2) That the damage occurred outside the territoriallimits
provided by the insurance or guarantee, unless
flight outside of such limits was caused by force
majeure, assistance justified by the circumstances or an
error in piloting, operation or navigation.
The continuation in force of the insurance and
guarantee under the provisions of the preceding paragraph
shall apply only for the benefit of the person suffering
damage.
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Article 168 Without prejudice to any right of
direct action which the person suffering damage may
have under the law governing the contract of insurance
or guarantee, such person may bring a direct action
against the insurer or guarantor only in the following
cases:
(1) Where the insurance or guarantee is continued
in force under the provisions of sub-paragraphs (1) and
(2) of Article 167 of this Law.and
(2) The bankruptcy of the operator.
Excepting the defences specified in paragraph 1 of
Article 167 of this Law, the insurer or guarantor may
not, with respect to direct actions brought by the person
suffering damage in accordance with the provisions
of this Chapter, avail himself of any ground of nullity
of the insurance or guarantee or any right of retroactive
cancellation in setting up defences.
Article 169 If insurance or guarantee is furnished
in accordance with Article 166 of this Law, it
shall be specifically and preferentially assigned to payment
of claims under this Chapter.
Article 170 Any sum due to an operator from
an insurer shall be exempt from seizure and execution
by creditors of the operator until claims of third parties
under this Chapter have been satisfied.
Article 171 Actions concerning indemnity for
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damage to third parties on the surface shall be subject
to a period of limitation of two years from the date of
the incident which caused the damage; but in any case
such period shall not go beyond a period of three years
from the date of the incident which caused the damage.
Article 172 The provisions of this Chapter shall
not apply to the following damage:
(1) The damage caused to a civil aircraft in flight,
or to persons or cargo on board such aircraft;
(2) The damage which is regulated either by a contract
between the person who suffers such damage and
the operator or the person entitled to use the civil aircraft
at the time the damage occurred, or by the law relating
to workman's compensation applicable to a contract
of employment between such persons; and
(3) Nuclear damage.
Chapter XIII
Special Provisions Governing
Foreign Civil Aircraft
Article 173 The provisions of this Chapter shall
be applicable to foreign civil aircraft operated by
foreigners and engaged in civil aviation activities in the
territory of the People's Republic of China; where no
provisions are available in this Chapter, other provi-
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sions concerned in this Law shall apply.
Article 174 A foreign civil aircraft may enter or
leave the airspace of the People's Republic of China,
and operate or land in the territory of the People's Republic
of China only in accordance with the air transport
agreement concluded between the Government of
the People!s Republic of China and the government of
the State in which the aircraft is registered, or in
accordance with the approval or clearance of the competent
civil aviation authority under the State Council
of the People!s Republic of China.
If a foreign civil aircraft, not conforming to the
provisions of the preceding paragraph, is entering or
leaving the airspace of the People's Republic of China
without authorization, the authorities concerned of the
People!s Republic of China have the right to take necessary
measures to order the aircraft to land at a designated
airport; if there is reasonable ground to deem
that it is necessary to make an inspection of a foreign
civil aircraft which operates in conformity with the provisions
of the preceding paragraph, the authorities concerned
have the right to order the aircraft to land at a
designated airport.
Article 175 The operator of a foreign civil aircraft
entering the airspace of the People's Republic of
China shall furnish relevant certificatets) to prove that
he has been covered by insurance against liability for
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third parties on the surface, or obtained corresponding
guarantee; where the operator fails to furnish the relevant
certificatefs), the competent civil aviation authority
under the State Council of the People's Republic of
China has the right to refuse him to operate into the
airspace of the People's Republic of China.
Article 176 The operator of a foreign civil aircraft
may operate the international scheduled air services
specified in the air transport agreement concluded
between the Government of the People's Republic of
China and his own government only after he has been
designated by his own government and obtained the
operating licence issued by the competent civil aviation
authority under the State Council of the People/s Republic
of China; the operator of a foreign civil aircraft
may operate non-scheduled air transport between a
place within the territory of the People's Republic of
China and a place without said territory only after he
has been approved by his own government and by the
competent civil aviation authority under the State
Council of the People's Republic of China.
The operator of foreign civil aircraft mentioned in
the preceding paragraph shall, in accordance with the
provisions of the laws and administrative rules and regulations
of the People!s Republic of China, formulate
corresponding plan of security and submit it to the
competent civil aviation authority under the State
Council of the People!s Republic of China for the re-
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cord.
Article 177 No operator of foreign civil aircraft
shall operate the air transport between two points in the
People!s Republic of China.
Article 178 The flight of a foreign civil aircraft
shall be conducted in accordance with the timetable or
flight plan approved by the competent civil aviation authority
under the State Council of the People's Republic
of China; approval of the competent civil aviation
authority under the State Council of the People's Republic
of China shall be obtained by the operator in respect
of any change in timetable or flight plan; the operator
shall report in time to the competent civil aviation
authority under the State Council of the People's
Republic of China in respect of any change or cancellation
of flight.
Article 179 A foreign civil aircraft shall take off
or land at a customs airport designated by the competent
civil aviation authority under the State Council of
the People's Republic of China.
Article 180 The competent civil avration authority
under the State Council of the People's Republic
of China and other competent authorities shall have
the right to inspect the documents specified in Article
90 of this Law of a foreign civil aircraft on its landing
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or departure.
Foreign civil aircraft and the persons, baggage and
cargo carried therein shall be subject to entry, exit, customs,
quarantine and other inspections exercised by the
competent authorities concerned of the People's Republic
of China according to law.
In exercising the inspections prescribed in the two
preceding paragraphs, undue delay shall be prevented.
Article 181 The civil aircraft certificates of
airworthiness and certificates of competency and licences
of crew members issued or rendered valid by the
State in which the nationality of a foreign civil aircraft
is registered, shall be recognized as valid by the Government
of the People's Republic of China, provided
that the requirements under which such certificates or
licences were issued or rendered valid shall be equal to
or above the minimum standards established by the International
Civil Aviation Organization.
Article 182 In the event that a foreign civil aircraft
is in emergency within the search and rescue area
of the People's Republic of China, the participation of
its owner or of the State in which the nationality of the
aircraft is registered shall be subject to the approval of
the competent civil aviation authority under the State
Council of the People's Republic of China or in
accordance with the agreement between the governments
of the two States.
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Article 183 In the event of an accident occurred
to a foreign civil aircraft in the territory of the People's
Republic of China, the State in which the nationality of
the aircraft is registered or other States concerned may
appoint observers to take part in accident investigation.
The report of accident investigation and findings in the
matter shall be communicated by the competent civil
aviation authority under the State Council of the People/
s Republic of China to the State in which the nationality
of such civil aircraft is registered and other
States concerned.
Chapter XIV
Application of Law to Foreign-related Matters
Article 184 Where the provisions of an international
treaty concluded or acceded to by the People's
Republic of China are different from those of this Law,
the provisions of that international treaty shall apply,
except the provisions for which reservation has been
declared by the People/s Republic of China.
In respect of cases which are not provided by the
law of the People's Republic of China or by the international
treaties concluded or acceded to by the People/
s Republic of China, international practices may
apply.
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Article 185 The law of the State in which the
nationality of a civil aircraft is registered shall be applicable
to the acquisition, transference and extinction of
the ownership of the civil aircraft.
Article 186 The law of the State in which the
nationality of a civil aircraft is registered shall be applicable
to the mortgage of the civil aircraft.
Article 187 The law of the location of the court
which takes up the case shall be applicable to civil aviation
liens.
Article 188 The parties to a contract of civil air
transport may choose the law applicable to the contract
unless otherwise provided by law. In case the parties to
the contract have made no such choice, the law of the
State most closely related to the contract shall apply.
Article 189 The law of the place where an act of
tort occurred shall be applicable to indemnity for damage
caused by a civil aircraft to third parties on the surface.
The law of the location of the court which takes up
the case shall be applicable to the indemnity for damage
caused by civil aircraft over the high seas to third parties
on the surface.
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Article 190 The application of foreign laws or
international practices in accordance with the provisions
of this Chapter shall in no way violate the public
interest of the People's Republic of China.
Chapter XV
Legal Liability
Article 191 Where a person seized an aircraft
by violence, threats thereof or other means, his criminal
responsibility shall be investigated in accordance with
the Decision Regarding the Punishment of the Criminals
Engaged in Aircraft Hijacking.
Article 192 Where a person endangers flight
safety by using violence against a person on board a civil
aircraft in flight, but without resulting in serious consequences,
his criminal responsibility shall be investigated
in accordance with the provisions of Article 105
of the Criminal Law; if grave consequences result from
such act, his criminal responsibility shall be investigated
in accordance with the provisions of Article 106 of the
Criminal Law.
Article 193 A person who, in violation of the
provisions of this Law, conceals and brings explosives,
detonators or other dangerous articles while flying in a
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civil aircraft, or consigns dangerous articles for shipment
under the name of non-dangerous articles, but
without resulting in serious consequences, shall be investigated
for his criminal responsibility by applying
mutatis mutandis the provisions of Article 163 of the
Criminal Law; if grave consequences result from such
crime, his criminal responsibility shall be investigated in
accordance with the provisions of Article 110 of the
Criminal Law.
An enterprise or institution which commits the
crime prescribed in the preceding paragraph shall be
subject to a fine, and criminal responsibilities shall be
investigated against the person directly in charge and
other personnel directly responsible for the crime in
accordance with the provisions of the preceding paragraph.
A person who conceals and brings firearms, ammunition
and controlled knives while flying in a civil
aircraft shall be investigated for his criminal responsibility
by applying mutatis mutandis the provisions of
Article 163 of the Criminal Law.
Article 194 Where a public air transport enterprise
carries dangerous articles in violation of the provisions
of Article 101 of this Law, the competent civil
aviation authority under the State Council shall confiscate
its unlawful earnings and may also impose a fine of
not more than 100% of the unlawful earnings.
Where a public air transport enterprise commits an
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act described in the preceding paragraph and thereby
creates a serious accident, its unlawful earnings shall be
confiscated and a fine shall be imposed; and criminal
responsibilities shall be investigated against the person
directly in charge and other personnel directly responsible
for the crime in accordance with the provisions of
Article 115 of the Criminal Law.
Article 195 A person who deliberately places or
instigates another person to place dangerous articles on
board a civil aircraft in use, sufficient to destroy the civil
aircraft and endanger flight safety but without resulting
in serious consequences, shall be investigated for
his criminal responsibility in accordance with the provisions
of Article 107 of the Criminal Law; if grave consequences
result from such crime, he shall be investigated
for criminal responsibility in accordance with the
provisions of Article 110 of the Criminal Law.
Article 196 A person who deliberately transmits
false information and disturbs the normal order of
flight, resulting in serious losses to public or private
property, shall be investigated for criminal responsibility
in accordance with the provisions of Article 158 of
the Criminal Law.
Article 197 A person who steals or deliberately
damages or removes navigational facilities in use and
thereby creates danger to flight safety, sufficient to
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cause the fall or destruction of the civil aircraft but
without resulting in serious consequences, shall be investigated
for criminal responsibility in accordance
with the provisions of Article 108 of the Criminal
Law; if grave consequences result from such crime, he
shall be investigated for criminal responsibility in
accordance with the provisions of Article 110 of the
Criminal Law.
Article 198 A person who assembles a crowd to
disturb the order in a civil airport shall be investigated
for his criminal responsibility in accordance with the
provisions of Article 159 of the Criminal Law.
Article 199 Where an airman neglects his duty
or violates the rules and regulations, thereby creating a
serious flight accident resulting in grave consequences,
his criminal responsibility shall be investigated in
accordance with the provisions of Article 187 or by applying
mutatis mutandis the provisions of Article 114 of
the Criminal Law respectively.
Article 200 A person who violates the provisions
of this Law, not seriously enough for criminal
punishment but should be subject to penalty for public
security, shall be punished in accordance with the
Regulations on Administrative Penalties for Public
Security.
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Article 201 Where in violation of the provisions
of Article 37 of this Law, a civil aircraft flies
without the certificate of airworthiness, or a foreign
civil aircraft on lease flies without having its certificate
of airworthiness, issued by the State in which the
nationality of the aircraft was originally registered,
examined and rendered valid by the State Council, or
without having a new certificate of airworthiness issued
therefor by the said authority, the competent
civil aviation authority under the State Council shall
order it to stop flying, confiscate the unlawful earnings,
and may also impose a fine of more than 100%
but not exceeding 500% of the unlawful earnings; in
case there is no unlawful earnings, a fine of not less
than 100,000 yuan but not more than 1,000,000
yuan shall be imposed.
Where a certificate of airworthiness has lost its effect
or a flight was conducted beyond the scope prescribed
in the certificate of airworthiness, the punishment
prescribed in the preceding paragraph shall apply.
Article 202 Where a person, in violation of the
provisions of Article 34 and paragraph 2 of Article
36 of this Law, carries out the production of civil aircraft
and its engines, propellers or on-board equipment
without obtaining type certificate and type validation
certificate, the competent civil aviation authority under
the State Council shall order him to stop such production,
confiscate his unlawful earnings and may also im-
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pose on him a fine of not more than 100% of his
unlawful earnings; in case there is no unlawful earnings,
a fine of not less than 50,000 yuan but not more than
500,000 yuan shall be imposed.
Article 203 Where a person, in violation of the
provisions of Article 35 of this Law, is engaged in the
activities of production and maintenance without obtaining
production certificate and maintenance certificate
or, in violation of the provisions of Article
92 and paragraph 2 of Article 147 of this Law, is engaged
in public air transport or general aviation operations
for commercial purposes without obtaining a public
air transport operating licence or a general aviation
operating licence, the competent civil aviation authority
under the State Council shall order him to stop such
production, maintenance or operations.
Article 204 Where an enterprise having obtained
the production certificate and maintenance certificate
prescribed in Article 35 of this Law creates a
serious accident because of the problem in the quality
of production and maintenance, the competent civil
aviation authority under the State Council may cancel
its production certificate or maintenance certificate.
Article 205 Where a person, in violation of the
provisions of Article 40 of this Law, is engaged in civil
aviation activities without obtaining the corresponding
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airman's licence and physical examination certificate,
the competent civil aviation authority under the State
Council shall order him to stop such activities, no such
licence and certificate shall be issued within the time
limit prescribed by the competent civil aviation authority
under the State Council, and a fine of not more than
200,000 yuan shall be imposed on the unit that the
person belongs to.
Article 206 In one of the following circumstances
in which the law is violated, the competent civil
aviation authority under the State Council shall punish
the pilot-in-command by warning or by withholding
his licence for a period of one to six months, or under
aggravating circumstances, punish him by cancelling his
licence:
(l ) The pilot-in-command, in violation of the
provisions of paragraph I of Article 45 of this Law,
takes off without carrying out an inspection of the civil
aircraft; or
(2) A civil aircraft, in violation of the provisions of
Article 75 of this Law, fails to follow the air route and
to fly at the altitude specified by the air traffic unit, or
in violation of the provisions of Article 79 of this Law,
flies across the airspace over a city.
Article 207 Where a civil aircraft, in violation
of the provisions of Article 74 of this Law, conducts
flight activities without the approval of the air traffic
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control unit, the competent civil aviation authority under
the State Council shall order it to stop flying, and
impose a fine on the owner or lessee of the civil aircraft
of not less than 10,000 yuan but not more than
100,000 yuan; and punish the pilot-in-command of
the civil aircraft by warning or by withholding his licence
for a period of one to six months, or under aggravating
circumstances, punish him by cancelling his
licence.
Article 208 Where the pilot-in-command of a
civil aircraft or another member of the crew commits
one of the following acts, the competent civil aviation
authority under the State Council shall punish him by
warning or by withholding his licence for a period of
one to six months; if the act listed in sub-paragraph (2)
or (3) is committed, he shall be punished by having his
licence cancelled:
(1) Failure to carryon his person licence and physical
examination certificate in performing a flight mission
as required by the provisions of Article 41 of this
Law; or
(2) Leaving the civil aircraft in distress in violation
of the provisions of Article 48 of this Law;
(3) Performing a flight mission in violation of the
provisions of paragraph 2 of Article 77 of this Law.
Article 209 Where some articles are dropped or
sprayed from a civil aircraft in flight in violation of the
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prOVISIOns of Article 80 of this Law, the competent
civil aviation authority under the State Council shall
give a warning, and may impose a fine of not less than
2,000 yuan but not more than 20,000 yuan on the person
directly responsible.
Article 210 Where a civil airport is opened to
traffic without obtaining an airport operating licence in
violation of the provisions of Article 62 of this Law,
the competent civil aviation authority under the State
Council shall order it to stop its opening to traffic, confiscate
its unlawful earnings, and may impose a fine of
not exceeding 100% of the unlawful earnings.
Article 211 Where a public air transport enterprise
or a general aviation enterprise violates the provisions
of this Law, in circumstances of a serious nature,
the competent civil aviation authority under the State
Council may, in addition to the punishment prescribed
by this Law, cancel its operating licence. If the operating
licence of such enterprise is cancelled, the administrative
department for industry and commerce shall
cancel its business licence.
Article 212 The working personnel of the competent
civil aviation authority under the State Council
and of regional civil aviation administrative organs,
who neglect their duties, abuse their powers, practise
favouritism and embezzlement, if the case constitutes a
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crime, shall be investigated for criminal responsibilities
according to law; if the case does not constitute a crime,
they shall be subject to administrative sanctions according
to law.
Chapter XVI
Supplementary Provisions
Article 213 "Unit of account" mentioned in this
Law refers to the Special Drawing Right as defined by
the International Monetary Fund; its equivalent in
Renminbi shall be the amount calculated in terms of
the conversion rate from the Special Drawing Right of
the International Monetary Fund to Renminbi as prescribed
by the competent State foreign exchange authority
at the date of the judgement of the court, the
date of the award of arbitration agency or the date
agreed between the parties concerned.
Article 214 This Law shall go into effect as of
March 1, 1996.
(In case of discrepancy between the English translation
and the original Chinese text, the Chinese text
shall prevail. --Tr.)
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