中华人民共和国民用航空法 The Civil Aviation Law of PRC

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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

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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

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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.

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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

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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.

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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

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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.

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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:

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(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

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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.

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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

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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.

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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-

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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-

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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.

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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

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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.

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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.

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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.

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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-

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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.

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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.

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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.

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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.