时间：2014-12-21 09:06来源：蓝天飞行翻译公司 作者：民航翻译 点击：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. Arrest of aircraft 1. The arrest of an aircraft is effected by a Court in favour of creditors, owners, third parties on the surface suffering damages or other persons having rights and interests in the aircraft in accordance with paragraph 2) of this Article, except in the case of arrest of an aircraft in execution in line with a Court’s judgment or decision in force or enforcement by the competent governmental authority. The arrest may be applied to any aircraft of the same owner. 2. The People’s Courts of provinces or cities under the central government where aircraft lands shall have the right to arrest the aircraft upon the request in writing of its owners or creditors, in the case that aircraft is the guarantee property for an indebtedness; or upon the request in writing of the third parties on the surface suffering damages caused by an aircraft in flight or of the persons having rights and interests therein as provided for by this Law. 3. The person who makes the request to arrest the aircraft shall have financial guarantee corresponding to the type and value prescribed by the courts equivalent to the damages caused by the arrest. 4. In case of arrest of an aircraft, the carrier and the aircraft operator shall continue to perform their contractual obligations. 5. The arrest of an aircraft shall be cancelled in the following cases: a) All debts have been completely paid off; b) Other guarantee measures have been taken; c) The person who makes the request to arrest the aircraft has requested to release it. 6. Formalities and procedures of arresting aircraft shall be undertaken in accordance with regulations stipulated by the National Assembly Standing Committee. Search of aircraft 1. The Director of Airport Authority and other competent governmental authorities shall have the right to search an aircraft in the following cases: a) It is found that the aircraft is in breach of national sovereignty and security; b) Crewmembers, passengers or the transport of cargo, baggage, parcels and mails, and other items are in breach of the regulations on immigration, customs and quarantine. 2. Person who gives the order to search an aircraft shall make an advance notification to the pilot-in-command of the aircraft and other organizations and agencies concerned. 3. The competent governmental authorities shall inform the Director of Airport Authority of the search for coordination purposes. Compensation liability to the operator or the carrier Organizations and individuals that make a decision to suspend a flight, search an aircraft, request an aircraft to land at an airports/aerodrome, temporarily seize or arrest an aircraft against the laws, shall be liable for compensation for damages suffered by the operator of the aircraft or the carrier. Chapter III AIRPORT AND AERODROME Session 1 GENERAL PROVISIONS Airport and aerodrome 1. Airport is a defined area comprising aerodromes, terminals and other necessary equipment, facilities and structures for the departure and arrival of aircraft and performing air transport services. The airport shall be divided into: a) International airport means an airport opened for international and domestic air transport services; b) Domestic airport means an airport opened for domestic air transport services; 2. Aerodrome is a defined area intended for the arrival and departure and surface movement of aircraft. The specialized aerodrome means an aerodrome used only for the operation of general aviation or carrying passengers, baggage, cargo, parcels and mails which is not for public transport. Airport and aerodrome’ vicinity Area 1. An airport, aerodrome shall have its vicinity areas to ensure the safety of civil aviation activities and inhabitants therein. 2. The vicinity area of airport/aerodrome shall be limited to 8 kilometers from boundary of the airport and aerodrome. |
