Civil Aviation Law of the People's Republic of China
Civil Aviation Law of the People's Republic of China
(Adopted at the 16th Meeting of the Standing Committee ofthe Eighth National People's Congress on October 30, 1995, promulgated byOrder No. 56 of the President of the People's Republic of China on October30, 1995 and effective as of Marc
h 1, 1996)
Whole document
Contents
Chapter I General Provisions
Chapter II Nationality of Civil Aircraft
chapter III Rights of Civil Aircraft
Section 1 Basic Principles
Section 2 Ownership and Mortgage of
Civil Aircraft
Section 3 Civil Aircraft Liens
Section 4 Lease of Civil Aircraft
Chapter IV Airworthiness Management of
Civil Aircraft
Chapter V Airmen
Section 1 Basic Principles
Section 2 Crew
Chapter VI Civil Airport
Chapter VII Air Navigation
Section 1 Airspace Management
Section 2 Flight Management
Section 3 Flight Support
Section 4 Essential Documents for Flight
Chapter VIII Public Air Transport Enterprise
Chapter IX Public Air Transport
Section 1 Basic Principles
Section 2 Transport Documents
Section 3 Liability of the Carrier
Section 4 Special Provisions Governing
Air Transport Performed by
Actual Carrier
Chapter X General Aviation
Chapter XI Search and Rescue and Accident
Investigation
Chapter XII Liability for Damage to Third
Parties on the Surface
Chapter XIII Special Provisions Governing
Foreign Civil Aircraft
Chapter XIV Application of Law to
Foreign-related Matters
Chapter XV Legal Liability
Chapter XVI Supplementary Provisions
Chapter I General Provisions
Article 1
This Law is enacted with a view to safeguarding the national sove-
reignty 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 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.
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.
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 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.
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.
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 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 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.
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.
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 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 air-craft shall be
formulated by the State Council.
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 "airmen" 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.
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, carry on their
persons licences and physical examination certificates and be subject to
the check of the competent civil aviation authority under the State
Council.
Article 42
Airmen shall be subject to the periodical or non-periodical inspection
and examination of the competent civil aviation authority under the State
Council. Only those qualified in inspection and examination may continue
to perform the duties specified in their licences.
Flight personnel shall also take part in periodical training of
emergency procedures.
Flight personnel who have exceeded the time limit of interruption in
flight prescribed by the competent civil aviation authority under the
State Council shall be subject to inspection and examination; with the
exception of cabin attendants, flight personnel shall also go through
instruction flight. Only those qualified through inspection, examination
and instruction flight may continue to perform the duties specified in
their licences.
Section 2 Crew
Article 43
The crew of a civil aircraft is composed of a pilot-in-command and
other flight personnel. The pilot-in-command shall be a pilot possessing
the technique and experience of independently piloting that type of civil
aircraft.
The composition of a crew and the number of its members shall conform
to the regulations of the competent civil aviation authority under the
State Council.
Article 44
The pilot-in-command is responsible for the operation of the civil
aircraft, and shall strictly perform his duties to protect the safety of
the civil aircraft and persons and property carried therein.
Orders issued by the pilot-in-command within the scope of his
functions and powers shall be implemented by all the persons carried by
the civil aircraft.
Article 45
The pilot-in-command shall carry out necessary inspection of the civil
aircraft before flight; no civil aircraft shall takeoff unless inspected.
Where and when a pilot-in-command discovers that the civil aircraft,
airport and weather conditions do not conform to the requirements
prescribed and cannot ensure flight safety, he has the right to refuse
takeoff.
Article 46
The pilot-in-command has the right to take necessary and appropriate
measures in flight, under the prerequisite of ensuring flight safety,
against any acts which may destroy the civil aircraft, interfere with the
order on board and jeopardize the safety of persons or property therein,
and any other acts jeopardizing flight safety.
In case of extraordinary circumstances in flight, the pilot-in-command
shall have authority as to disposition of the civil aircraft so as to
ensure the safety of the aircraft and the persons therein.
Article 47
The pilot-in-command has the right to ask for a change of crew
member(s) in order to ensure flight safety if he discovers that the crew
member(s) are not suitable for performing the flight mission.
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 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.
Article 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.
Chapter VI Civil Airport
Article 53
The "civil 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, autonomous 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 located.
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 activities 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 airport 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 regulations 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 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 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.
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.
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 prohibited 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:
(1) 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:
(1) 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 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 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.
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 meteorological organ.
Section 4 Essential Documents for Flight
Article 90
A civil aircraft engaged in flight operation shall carry the following
documents:
(1) Civil aircraft certificate of nationality registration;
(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 Council or 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 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
enterprises.
Where the form of organization and institutional framework of the
public air transport enterprises established before the implementation of
this Law do not 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.
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 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 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 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 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 transhipment, 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 Transport Documents
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:
(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 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:
(1) 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
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 shipper.
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
Article 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 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.
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 either 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.
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.
The "period 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 whatsoever.
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 transhipment 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. 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
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 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 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 of liability.
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 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 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 Ac 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 shipper, or with the
agent of a passenger or of a shipper.
"Actual 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 exceeding 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 contracting
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 industry, and flight
operations in 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:
(1) 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.
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 aviation 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.
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 accident.
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 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
parties 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 recover 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 prejudice 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 territorial limits 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.
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 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 provisions 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 certificate(s) to prove
that he has been covered by insurance against liability for third parties
on the surface, or obtained corresponding guarantee; where the operator
fails to furnish the relevant certificate(s), 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 record.
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 aviation 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 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.
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.
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.
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 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 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 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.
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 impose 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 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:
(1) The pilot-in-command, in violation of the provisions of paragraph
1 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 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 carry on 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 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 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.)
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.
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 either 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.
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.
The "period 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 whatsoever.
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 transhipment 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. 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
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 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 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 of liability.
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 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 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 Ac 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 shipper, or with the
agent of a passenger or of a shipper.
"Actual 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 exceeding 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 contracting
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 industry, and flight
operations in 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:
(1) 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.
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 aviation 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.
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 accident.
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 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
parties 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 recover 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 prejudice 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 territorial limits 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.
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 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 provisions 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 certificate(s) to prove
that he has been covered by insurance against liability for third parties
on the surface, or obtained corresponding guarantee; where the operator
fails to furnish the relevant certificate(s), 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 record.
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 aviation 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 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.
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.
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.
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 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 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 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.
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 impose 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 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:
(1) The pilot-in-command, in violation of the provisions of paragraph
1 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 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 carry on 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 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 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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