31 July 2011 C1 CIVIL AVIATION DEPARTMENT HONG KONG ...

CIVIL AVIATION DEPARTMENTHONG KONG, CHINAAirworthiness NoticeTHIS NOTICE GIVES DETAILS OF A MANDATORY ACTIONNo. 36CIssue 231 January 2003FOREIGN AIRSPACE AUTHORISATION TO FLY FOR DAMAGED AIRCRAFT1 ApplicabilityThis Airworthiness Notice is applicable to Hong Kong registered aircraft issued with aCertificate of Airworthiness in the Transport (Passenger) or Transport (Cargo)Category.2 Introduction2.1 International Civil Aviation Organization (ICAO) has published a Standard inPart II of Annex 8 subject on "Damage to aircraft".2.2 When an aircraft has sustained damage, the State of Registry shall judgewhether the damage is of a nature such that the aircraft is no longer airworthy asdefined by the appropriate airworthiness requirements.2.3 If the damage is sustained or ascertained when the aircraft is on the territory ofanother Contracting State, the authority of the Contracting State shall be entitledto prevent the aircraft from resuming its flight on the condition that the authorityshall advise the State of Registry immediately, communicating to the latterauthority all details necessary to formulate the judgement referred to inparagraph 2.2.2.4 When the State of Registry considers that the damage sustained is of a naturesuch that the aircraft is no longer airworthy, it shall prohibit the aircraft fromresuming flight until it is restored to an airworthy condition. The State ofRegistry may, however, in exceptional circumstances, prescribe particularlimiting conditions to permit the aircraft to fly without fare-paying passengers toan aerodrome at which it can be restored to an airworthy condition, and theContracting State that has originally, in accordance with paragraph 2.3,prevented the aircraft from resuming flights, shall permit such flight.2.5 When the State of Registry considers that the damage sustained is of a naturesuch that the aircraft is still airworthy, the aircraft shall be allowed to resumeits flight.AN-36C P.131 January 2003