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

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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.

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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-

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dice the question whether a person liable for damage in

accordance with its provisions has a right of recourse

against any other person.

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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.

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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.

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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.

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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.

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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

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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.

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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.