135 Hong Kong (China)

Red with a stylized, white, five-petal Bauhinia flower in the center. Each petal contains a small, red, five-pointed star in its middle. The red color is the same as that on the Chinese flag and represents the motherland. The fragrant Bauhinia – developed in Hong Kong the late 19th century – has come to symbolize the region. The five stars echo those on the flag of China.

Flag courtesy of the CIA World Factbook

Map courtesy of the CIA World Factbook

Google Earth

A nighttime view of part Hong Kong viewed from Victoria Peak. Hong Kong has the largest number of skyscrapers of any city in the world (482 as of January 2021; a skyscraper is defined as a continuously-habitable building that has more than 40 floors and is taller than approximately 150 m (492 ft)). By comparison, third-ranking New York City “only” has 290 skyscrapers.

Photo courtesy of the CIA World Factbook

Hong Kong is a member of ICAO.

Last updated on April 19, 2024

Government

According to Britannica, when it was a colony, Hong Kong was administered by a governor, who was appointed by and represented the monarch of the United Kingdom, directed the government, served as the commander in chief, and presided over the two main organs of government, the Executive Council and the Legislative Council. With the resumption of Chinese sovereignty over the territory in July 1997, the Basic Law of the Hong Kong Special Administrative Region (promulgated by the National People’s Congress of China in 1990) went into effect. The guiding principle of the Basic Law was the concept of “one country, two systems,” under which Hong Kong was allowed to maintain its capitalist economy and to retain a large degree of political autonomy (except in matters of foreign policy and defense) for a period of 50 years. A controversial security law passed by the mainland government and imposed on Hong Kong in 2020, however, had the ability to weaken the concept of “one country, two systems” and threatened the political autonomy that the region had enjoyed.

The Basic Law vests executive authority in a chief executive, who is under the jurisdiction of the central government in Beijing and serves a five-year term. Legislative authority rests with a Legislative Council (LegCo), whose 70 members (increased from 60 for the 2012 legislative elections) serve a four-year term; the chief executive, however, can dissolve the council before the end of a term.

According to the Basic Law, the chief executive for the second term was appointed by the central government, following election by an 800-member Election Committee in Hong Kong. The constituencies for LegCo members were then defined during their second and third terms, and by the third term half had been directly elected from geographic constituencies and half had been selected from “functional constituencies” drawn from business and professional circles. The Basic Law further states, however, that the chief executive and council members ultimately were to be elected by universal suffrage. Those electoral procedures were to have been determined by 2007, but in that year the Standing Committee of the National People’s Congress in Beijing ruled that universal suffrage would not be implemented before 2012. A 1,200-member Election Committee chose a new chief executive in 2012, but by then Beijing had indicated that direct election for that office may be permitted in 2017. However, that never came to pass, leading to widespread concern among pro-democracy Hong Kong citizens that true universal suffrage would never be implemented.

Civil and criminal law is derived generally from that of the United Kingdom, and the Basic Law states that this system is to be maintained. The highest court in the judiciary is the Court of Final Appeal, headed by a chief justice. This is followed by the High Court (headed by a chief judge) and by district, magistrate, and special courts. The chief executive appoints all judges, although judges of the Court of Final Appeal and the chief judge of the High Court also must be confirmed by the Legislative Council and reported to the Standing Committee of the National People’s Congress.

Civil / National Aviation Authority (CAA/NAA)

Established in 1946, the Civil Aviation Department (CAD) is headed by the Director-General of Civil Aviation (DGCA). The DGCA oversees the operation of the following 7 Divisions:

  • Flight Standards and Airworthiness Division headed by the Assistant Director-General (Flight Standards);
  • Air Traffic Management Division headed by the Assistant Director-General (Air Traffic Management);
  • Air Traffic Engineering Services Division headed by the Assistant Director-General (Air Traffic Engineering Services); and
  • Airport Standards Division headed by the Assistant Director-General (Airport Standards).
  • Air Services and Safety Management Division headed by the Assistant Director-General (Air Services and Safety Management);
  • Administration Division headed by the Departmental Secretary; and
  • Finance Division headed by the Chief Treasury Accountant.

Airspace

SkyVectorGoogle MapsADS-B Exchange

ICAO countries publish an Aeronautical Information Publication (AIP). This document is divided into three parts: General (GEN), En Route (ENR) and Aerodromes (AD). ENR 1.4 details the types of airspace classes they chose to adopt from classes A through G. Hong Kong AIP

Hong Kong Airspace

Hong Kong Airspace

Hong Kong Airspace

Drone Regulations

SUA LawsSmall Unmanned Aircraft Order (Cap.448G)

Please watch these videos for a quick and easy review!

Overview of the Small Unmanned Aircraft (SUA) Order

The classification of SUA in respect of each flight and its operations are as follows –

categories of UAS

categories of UAS

Exemption Notice for Category A1 SUA

Regulatory Requirements

The SUA Order commences on 1 June 2022. To allow the community to smoothly transit into the new regulatory regime, a six-month grace period are given to allow the public to familiarize themselves with the new requirements and prepare for compliance. The exceptions are offenses in relation to endangering acts, restricted flying zones and enforcement which should take effect upon commencement of the SUA Order to safeguard aviation and public safety.

Based on the weight of the SUA and the operational risk level, SUA operations of different risk levels will be subject to the corresponding regulatory requirements. These requirements include registration and labelling of SUA, registration of remote pilots, training and assessment, equipment etc. Key legal requirements are summarized as follows –

regulatory requirements

regulatory requirements

regulatory requirements

Safety Requirements Document for Small Unmanned Aircraft Operations

Operating Requirements

The key operating requirements for different categories of operations under the SUA Order –

Operational Requirements

Operational Requirements

Safety Requirements Document for Small Unmanned Aircraft Operations

Videos – Leaflets – Posters

Safety Requirements and Guidance

Under the SUA Order, small unmanned aircraft (“SUA”) operations will be regulated under a risk-based approach and be classified according to the weight of the SUA and the operational risk level. Operations of different risk levels will be subject to the corresponding regulatory requirements. These requirements may include registration and labelling of SUA, registration of remote pilots, training and assessment, equipment, operating requirements and insurance.

To ensure aviation and public safety, all SUA should be equipped and operated in compliance with the requirements of the SUA Order. With the diversified SUA types and applications, the CAD understands that there may be special circumstances where there are unavoidable practical and operational difficulties in fully complying with certain operating parameters. To strike a balance between protecting public safety and facilitating the development of SUA, flexibility has been built in the SUA Order to cater for different types of SUA operations and the rapid development of SUA.

Due to the higher risks involved, operations that are classified as “Advanced Operations” shall be conducted with prior permission from the CAD in accordance with the SUA Order. Additional safety requirements may apply to safeguard aviation and public safety. A streamlined permission application process is implemented to facilitate the industry. This includes, inter alia, the publication of detailed advisory guidelines for reference by the industry, and also for experienced SUA operators, the application for a longer term permission covering various types of advanced operations is possible allowing flexibility in the planning of their operations.

To facilitate the industry to perform SUA operations while ensuring aviation and public safety, the CAD has published a series of guidance materials. These include the Safety Requirements Document (“SRD”) published pursuant to section 63 of the SUA Order, as well as a number of advisory circulars to provide guidance on safe operation of SUA operations and compliance of requirements under the SUA Order.

These publications should be read in conjunction with the SUA Order and the relevant Gazette Notice(s); and are subject to review and update from time to time. Please visit their website regularly for the latest updates of the publications.

SRD – Safety Requirements Document for Small Unmanned Aircraft Operations

Safety_Requirements_Document.pdf

AC-001 – Current List of Publications related to Small Unmanned Aircraft

AC-001_E.pdf

AC-002 – Permission for Conducting Small Unmanned Aircraft Advanced Operations

AC-002_E.pdf
Advanced Operations Permission (AOP) Application Form
AOP Renewal Application Form
AOP Variation Application Form
Sample Operations Manual

AC-003 – Permission for Small Unmanned Aircraft Night Operations

AC-003_E.pdf
Appendix A

AC-004 – Permission for Small Unmanned Aircraft Extended Visual Line of Sight Operations

AC-004_E.pdf

AC-005 – Guidelines for Building Survey/ Inspection Operations using Small Unmanned Aircraft

AC-005_E.pdf

AC-006 – Guidelines for Aerial Survey or Aerial Photography Operations using Small Unmanned Aircraft

AC-006_E.pdf

AC-007 – Permission for Heavy Small Unmanned Aircraft Operations

AC-007_E.pdf

AC-008 – Guidelines for Small Unmanned Aircraft Operations within Enclosed Area

AC-008_E.pdf

AC-009 – Guidelines for Small Unmanned Aircraft Operations within School Premises

AC-009_E.pdf

AC-010 – Guidelines and Permission for Drone Show Event

AC-010.pdf
Application Form

AC-011 – Guidelines and Permission for Drone Racing Event

AC-011.pdf
Application Form

AC-012 – Operations of Model Aircraft under the Small Unmanned Aircraft Order

AC-012.pdf

G.N. 1276 – Specification of Parameters for Operating Requirements

G.N. 4991 (Superseding G.N. 3305 of 2022) Designation of Restricted Flying Zones by the Director-General of Civil Aviation

G.N. 4992 – Designation of Restricted Flying Zones by the Commissioner of Police

G.N. 4993 – Designation of Restricted Flying Zones by the Commissioner of Police

G.N. 4994 (Superseding G.N. 3306 of 2022) – Designation of Restricted Flying Zones by the Secretary for Security

G.N. 2303 – Exemption Notice for Category A1 SUA

General Safety Guidelines for Flying SUA

Any person who operates a small unmanned aircraft (SUA) shall observe the regulatory requirements and operating requirements elaborated in the Safety Requirements Document. He or she should also take note the following general safety guidelines when operating an SUA.

Where you cannot fly

  1. SUA shall not be flown in the Restricted Flying Zone (RFZ) as illustrated in the Drone Map except it is wholly within an enclosed area. Remote pilot should check on the Drone Map prior to each flight for the latest RFZ designation.
  2. SUA shall not be flown over the Prohibition Area established under the Air Navigation (Flight Prohibition) Order (i.e. area in the proximity of Penny’s Bay).
  3. SUA shall not be flown over any person who is not involved in the flight, or any vehicles, vessels or structures that is not under the control of the remote pilot during the flight.
  4. SUA shall not be flown over, or close to, any object, installation or facility that would present a risk to safety in the event of any impact or interference caused by the SUA.

Should there be any extraordinary circumstances requiring operations in the above area, a prior permission from the Civil Aviation Department and/or relevant authorities, as the case requires, should be obtained. The permission might be granted on a case-by-case basis on the condition that full justification of the operational needs and relevant safety mitigation measures are in place.

Good Choice of Flying Sites

A good choice of flying site not only minimizes the possibility of an accident but also enhances the pleasure of the flying experience.

Here are some tips to help you choose a good site. A good site should be:

  1. free from visual obstruction, so that the operator can see the SUA in flight at all times;
  2. flat enough to enable safe take-off and landing;
  3. away from people and major outdoor events;
  4. away from vehicles/vessels/structures, especially from highways, railways and strategic routes;
  5. away from helipads;
  6. away from paragliding areas; and
  7. clear of any power sources such as power lines, transformer stations, pylons, and transmitter towers etc., which might cause radio interference.

Altitude

The altitude of operations shall not exceed 300 feet above ground level for Category A2 and Category B SUA. The altitude of operations shall not exceed 100 feet above ground level for Category A1 SUA (except for Category A1 SUA under exemption). Please refer to the Safety Requirements Document for details.

Note: “Above Ground Level (AGL)” means the altitude at which an aircraft flies from a point on the ground (earth’s surface or water surface), where the “altitude” of the SUA is referenced from the closest point of the ground.

Time of Operations

The operations of SUA shall be conducted during daylight hours only.

Weather Criteria

  1. SUA shall only be operated under good visibility and weather conditions.
  2. SUA shall not be operated when Rainstorm Warning, Tropical Cyclone Warning or Strong Monsoon Signal is in force.

Heavy SUA

The operation of Category B SUA (weighing more than 7 kg but less than 25 kg) requires a prior permission from the Civil Aviation Department. Please refer to Advisory Circular AC-007 for details.

Control of SUA

The remote pilot and/or a visual observer s/he chooses should maintain visual line of sight with the SUA and observe applicable speed and altitude limits at all times during the flight. Carriage of dangerous goods, person or animals, and dropping things from the SUA are prohibited unless with a prior permission from CAD.

Preparation Prior to Flight

Before conducting any SUA operation, remote pilots should take into account various factors and make necessary preparation to ensure the flight can be carried out safely, which includes but not limited to physical site assessment, updates on drone map and weather conditions, check on SUA’s condition and functionality, and familiarization with the manufacturer’s instructions. The permission of the land/property owner/manager on whose land/property the SUA is intended to perform take-off / landing should be sought if deemed necessary. Remote pilots should also ensure that SUA operations are in compliance with other applicable legislation, by-laws, requirements and guidelines (e.g. Personal Data (Privacy) Ordinance and Telecommunications Ordinance).

Enquiries

For further enquiries, please contact the Unmanned Aircraft Office of CAD at sua@cad.gov.hk.

SUA  Advanced Training Organization Scheme

Suitable training helps ensure competency and enhance safety awareness of remote pilots for Small Unmanned Aircraft (SUA). Under the new SUA Order, a remote pilot conducting Advanced Operation shall hold an Advanced Rating to ensure that the remote pilot possesses the necessary knowledge, experience and competence. Such remote pilot may undergo training and assessment at advanced level for the issue of Advanced Rating.

Under the new SUA Order, training organizations and bodies intending to deliver advanced training may apply to CAD to become the SUA Approved Training Organization (ATO).

The requirements of an SUA ATO including the application procedures are set out at the SUA ATO Requirements Document. Interested training organizations may email the Application Form, organization details, and other information specified in Section 3.2 of the Requirement Document to ato_sua@cad.gov.hk.

Forms and Downloads:

SUA ATO Requirements Document

SUA ATO Application Form

 

List of Advanced Operations Permission Holders 

eSUA

Frequently Asked Questions

SUA are power-driven aircraft weighing 25 kg or below which are operated without any pilot onboard, which include drones, model aircraft (fixed wing or helicopters) etc. To facilitate the development of the SUA sector, the Government enacted the new Small Unmanned Aircraft Order (“Cap. 448G”) which commenced on 1 June 2022. To allow the community to smoothly transit into the new regulatory regime, a six-month grace period is given to allow the public to familiarize themselves with the new requirements and prepare for regulatory compliance under the new regime. The exceptions are offenses in relation to endangering acts, restricted flying zones and enforcement which should take effect upon commencement of the SUA Order to safeguard aviation and public safety.

All remote pilots and responsible persons (e.g. owners, operators etc) are encouraged to get prepared for legal requirements such as registration, labelling, awareness/training, insurance, CAD’s prior permissions etc.

This site contains information relating to the safe operations of SUA under the new regime. Remote pilots and responsible persons are encouraged to familiarize themselves with the information prior to operating SUA. For further enquiries, please contact the Unmanned Aircraft Office at sua@cad.gov.hk.

Model Aircraft Rules

Advanced Air Mobility (AAM)

 

Short Essay Questions

Question 1

You have been hired by a Drone Startup Company. Your boss has immediately assigned this job to you.

They need you to prepare a one-page memo detailing the legalities of using a drone to film at night in Hong Kong, pictured above.

They need you to mention any national laws and local ordinances.

They specifically want to know what airspace you will be operating in and whether or not you need an airspace authorization.

Does it matter whether or not you are a citizen of the country?

Lastly, there is a bonus for you if, as you scroll through this chapter, you find any typos or broken links!

Question 2

Do you need a certificate to fly UAS?

If so, how do you obtain one?

Are there fees associated with this?

If so, how much?

Question 3

May you operate beyond visual line of sight?

If so, what procedures must you follow?

Question 4

Does the country have UAM/AAM laws? If so, describe, citing the exact law.

Question 5

Are you aware of any new laws or policies not mentioned above? If so, describe, citing the exact law or policy.

 

 

 

License

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Drones Across the World Copyright © 2023 by Sarah Nilsson is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License, except where otherwise noted.

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