Laws of the People's Republic of China

    Article 1  A foreign civil aircraft, when entering or leaving the
territory of the People's Republic of China, operating or stopping-over
therein, shall comply with these rules.

    Article 2  A foreign civil aircraft is permitted to enter or leave the
territory of the People's Republic of China or make flights therein only in
accordance with the air transport agreement or other relevant documents
concluded between the Government of the People's Republic of China and the
Government concerned, or by application through diplomatic channels to the
Government of the People's Republic of China and after its acceptance has been
confirmed.

    Article 3  A foreign civil aircraft and its crew and passengers, when
making flights or stopping-over in the territory of the People's Republic
of China, shall comply with the laws of the People's Republic of China and
its decrees and regulations relating to entry into, exit from and transit
through its territory.

    Article 4  A foreign civil aircraft, when entering or leaving the
territory of the People's Republic of China or making flights therein, shall
follow the instructions of the air traffic control (ATC) service of the
General Administration of Civil Aviation of China and observe all regulations
applicable to the flights.

    Article 5  A foreign civil aircraft is permitted to operate scheduled
services and additional flights thereto in the territory of the People's
Republic of China in accordance with the airtransport agreement concluded
between the Government of the People's Republic of China and the Government
concerned on routes specified in the agreement.    

    A scheduled flight shall be conducted in accordance with a timetable,
which shall first be submitted to the General Administration of Civil Aviation
of China for approval by the airline designated by the Government of the other
party of the agreement.    

    The application for any additional flight shall be filed with the Civil
Aviation Administration of China by the airline designated by the
Government of the other party to the agreement at least five days before the
anticipated flight or within the time limit specified in the agreement. The
flight can be operated only after a permission thereof has been obtained.

    Article 6  All non-scheduled flights other than scheduled flights and
additional flights operated by a foreign civil aircraft can be operated in
the territory of the People's Republic of China only after a prior application
has been submitted and acceptance thereof has been confirmed.

    The application for any non-scheduled flight shall be filed through
diplomatic channels at least ten days before the flight unless otherwise
specified in the bilateral air agreement.

    Article 7  The application for any non-scheduled flight shall include the
following particulars:

    (1) nationality of registration, owner and operator of the aircraft;

    (2) purpose of flight;

    (3) type, maximum all-up weight and maximum landing weight of the aircraft;

    (4) identification marks (including nationality and registration marks) of
the aircraft;

    (5) call signs of the radiotelephony and radiotelegraphy of the aircraft;

    (6) frequency range to be used by the radio station on the aircraft;

    (7) name, position and nationality of each crew member; number of
passengers and weight of cargo on board;

    (8) approved weather minima of the pilot-in-command;

    (9) itinerary, date and hours to be flown from the aerodrome of initial
departure to the aerodrome of destination, and the air route to be flown
within the territory of the People's Republic of China;

    (10) other information.

    Article 8  A foreign civil aircraft operating non-scheduled flights within
the territory of the People's Republic of China shall be escorted by crew
members (including a navigator and a radio operator) assigned by the General
Administration of Civil Aviation of China to guide the flight aboard the
aircraft unless otherwise stipulated in the clearance.

    Article 9  A foreign civil aircraft operating in the territory of the
People's Republic of China shall bear its nationality and registration marks.
A foreign civil aircraft without nationality and registration marks shall not
be permitted to make any flight within the territory of the People's Republic
of China.

    Article 10  A foreign civil aircraft operating in the territory of the
People's Republic of China shall carry the following documents:

    (1) its certificate of registration;

    (2) its certificate of airworthiness;

    (3) the professional licences or certificates for each member of the crew;

    (4) its journey log book;

    (5) the aircraft radio station licence;

    (6) a general declaration;

    (7) if it carries passengers, a list of their names and places of
embarkation and destination;

    (8) if it carries cargo, a manifest of the cargo.

    Article 11  A foreign civil aircraft shall fly within a specified air
corridor or over a specified entry/exit point when across the national
boundary of the People's Republic of China. Deviation from the air corridor or
the entry/exit point is prohibited.

    Article 12  Within a time limit of 15-20 minutes before flying across the
boundary of the People's Republic of China either in entry or exit, the flight
crew of a foreign civil aircraft shall report the following to the relevant
ATC service of the General Administration of Civil Aviation of China:

    - aircraft call sign;

    - estimated time of crossing the national boundary;

    - flight altitude; and
to obtain a clearance for flying across the national boundary in entry or
exit. Without such clearance the aircraft is not permitted to make entry into
or exit from the national boundary.

    Article 13  A foreign civil aircraft, while flying across the border
of the People's Republic of China or flying over a specified reporting point
in the territory of the People's Republic of Chin shall report immediately
its position to the relevant ATC service of the General Administration of
Civil Aviation of China. Position report shall contain:

    (1) aircraft call sign;

    (2) position;

    (3) time;

    (4) flight altitude or flight level;

    (5) estimated time of flying over the next position or estimated time of
arrival at the aerodrome of landing;

    (6) other particulars requested by the ATC service or deemed necessary to
report by the air crew.

    Article 14  When a foreign civil aircraft having flown across the national
boundary of the People's Republic of China either in exit or in entry is
unable to continue its flight due to weather deterioration, malfunction of the
aircraft or any other special reasons, it is permitted to return by the
original route or air corridor. The flight crew shall, in the meantime,
report the following to the relevant ATC service of the General Administration
of Civil Aviation of China:

    - aircraft call sign;

    - reason for forced return;

    - time beginning to return;

    - flight altitude, and

    - aerodrome for intended landing.

    If no instructions have been received within the territory of the People's
Republic of China from the relevant ATC service of the General Administration
of Civil Aviation of China, the return flight shall generally take a course of
opposite direction at a flight level immediately below the one originally
flown. In case this flight level is below the minimum safe altitude, the
return flight level shall then be immediately above the one originally flown.

    Article 15  No foreign civil aircraft is allowed to fly across the
boundary of the People's Republi of China or to operate therein without having
established radio contact with the relevant ATC service of the General
Administration of Civil Aviation of China.

    Article 16  When a foreign civil aircraft making flight within the
territory of the People's Republic of China interrupts its contact with the
aeronautical radio station of the relevant ATC service of the General
Administration of Civil Aviation of China, its crew shall manage to establish
contact with other aeronautical radio stations or other aircraft in flight to
relay aeronautical information. When such effort is of no avail, the flight
shall be conducted in accordance with the following procedures:

    In visual meteorological conditions, the aircraft shall continue to
maintain its flight in VMC and land at a nearby aerodrome (i.e. the aerodrome
of departure, the intended aerodrome of landing or alternate aerodrome
previously designated by the General Administration of Civil Aviation of
China). The landing should be made in accordanc with procedures laid down in
Attachment I, "Symbols and Signals used as Means of Auxiliary Communications",
to these Rules.

    In instrument meteorological conditions or when a landing at a nearby
aerodrome cannot be made in VMC, the aircraft shall proceed strictly according
to the current flight plan and fly over the NDB of a designated aerodrome of
landing, commencing descent at the estimated time of arrival specified in the
flight plan. The landing should be made within thirty minutes after ETA in
accordance with the normal instrument approach procedure of the NDB.

    In case of radio failure, if the aircraft transmitter is functioning, the
aircraft shall make blind transmission giving the pilot's intention of
continued flight and other flight information. Blind transmission shall also
be made at predetermined time intervals or over the predetermined reporting
points. If, however, the aircraft receiver is functioning, the aircraft shall
keep a continuous listening watch for the instructions from the aeronautical
ground radio station.

    Article 17  The visual meteorological conditions for an aircraft operating
within the territory of the People's Republic of China are as follows:

    - visibility: not less than 8km;

    - vertical distance of aircraft from the cloud base: not less than 300m;

    - horizontal distance of aircraft from cloud: not less than l.500m.

    Article 18  The term "safe altitude" refers to the minimum flight altitude
which ensures an aircraft to avoid collision with surface obstacles.

    Over mountainous region and plateau area the safe altitude along an air
route within the territory of the People's Republic of China is 600m above the
highest elevation within 25km on each side of the centre line of the air
route; over areas other than mountainous region and plateau area, the safe
altitude is 400m above the highest elevation within 25km on each side of the
centre line of the air route.

    Article 19  A foreign civil aircraft making flight within the territory of
the People's Republic of China shall fly at a specified level or altitude.

    The flight levels within the territory of the People's Republic of China
are as follows:

    0 through 179 degrees(T): from 600m to 6,000m, flight levels are at
intervals of 600m;

    above 6,000m, they are at intervals of 2,000m.

    180 through 359 degrees(T): from 900m to 5,700m, flight levels are at
intervals of 600m;

    above 7,000m, flight levels are at intervals of 2,000m.

    Flight levels are calculated on a specific pressure datum of 76Omm height
of mercury and courses are measured from true north at the initial and turning
point of an air route.

    Article 20  The flight altitude or flight level for each flight conducted
by a foreign civil aircraft within the territory of the People's Republic of
China is assigned by the relevant ATC service of the General Administration
of Civil Aviation of China.

    When a foreign civil aircraft finds it necessary to change its altitude or
flight level during flight, no matter what weather conditions prevails, a
clearance must be obtained beforehand from the relevant ATC service of the
General Administration of Civil Aviation of China.

    Article 21  A foreign civil aircraft making flight within the territory of
the People's Republic of China shall follow a specified air route, deviation
from which is prohibited.

    The maximum width of an air route within the territory of the People's
Republic of China is 20km and the minimum width is 8km.

    Artilce 22  If the pilot-in-command of a foreign civil aircraft flying
within the territory of the People's Republic of China is unable to determine
his position, he shall report to the relevant ATC service of the General
Administration of Civil Aviation of China immediately.  

    When a foreign civil aircraft in flight deviates from a specified air
route, the relevant ATC service of the General Administration of Civil
Aviation of China shall do its possible to assist the aircraft in recovering
its original route. However, the ATC service of the General Administration of
Civil Aviation of China shall not be held responsible for whatever
consequences resulted therefrom.                                              

    Article 23  The following rules shall apply when aircraft approaching each
other in visual flight:

    (1) when two aircraft are approaching head-on at the same level, each
shall alter its course to the right, maintaining a separation between them of
500 metres or more;

    (2) when two aircraft are converging at the same altitude, the pilot who
sees from the cockpit the other aircraft on his left shall descend, while the
pilot who sees the other aircraft on his right shall ascend;

    (3) overtaking of aircraft at the same level shall be made at a lateral
distance of 500 metres or more to the right side of the aircraft being
overtaken;

    (4) individual aircraft shall take the initiative to give way to aircraft
in formation or aircraft engaged in towing objects; power-driven aircraft
shall take the initiative to give way to non-power-driven aircraft.

    Article 24  A foreign civil aircraft, when flying within the territory of
the People's Republic of China, shall maintain continuous guard for timely
radio contact with the relevant ATC service of the General Administration of
Civil Aviation of China in conformity with mode of transmission and
frequencies prescribed by the General Administration of Civil Aviation of
China.

    For air/ground radio communications, the following rules shall be observed:

    (1) ln radiotelegraphy the international Q code is to be used; in
radiotelephony, the Chinese language or any other language agreed upon by the
Government of the People's Republic of China is to be used.

    (2) For geographic localities, Chinese names in romanization, location
indicators, location designators, identifications of radio navigation aids or
geographical coordinates shall be used.

    (3) Units of measurement: Distance in metres or kilometres: flight
altitude, elevation and height in metres; horizontal speed and wind speed in
air in kilometres per hour; vertical speed and surface wind speed in metres
per second; wind direction in degrees (true north as zero degree); visibility
in kilometres or metres; altimeter setting in millimeters of mercury or
millibars; temperature in degrees (C); weight in tons or kilograms; time in
hours and minutes (GMT on 24-hour basis beginning from zero hours).

    Article 25  A foreign civil aircraft flying within the territory of the
People's Republic of China shall land at an aerodrome designated by the
General Administration of Civil Aviation of China. Prior to landing, a
clearance shall be obtained from the ATC service at the designated aerodrome;
after landing, no take-off is allowed without a clearance.

    The pilot-in-command of an aircraft on non-scheduled flight shall, after
landing, report to the ATC service at the aerodrome about the flight
conditions within the territory of the People's Republic of China and shall
file an application for the ensuing flight.

    Article 26  The air crew of a foreign civil aircraft shall have completed
their preflight preparation before departure. The pilot-in-command or his
representative shall submit a flight plan to the relevant ATC service of the
General Administration of Civil Aviation of China at least one hour before
the estimated time of departure.

    When the departure of an aircraft is delayed more than 30 minutes, the
original flight plan shall be revised, or a new one be submitted.

    Article 27  The aerodrome traffic pattern within the territory of the
People's Republic of China is usually of left hand type with a height normally
between 300 and 500 metres. No aircraft is allowed to overtake another
aircraft of the same type or of similar speed when making flight in the
traffic pattern. A longitudinal separation of 2,000 metres or more shall be
maintained and the effect of wake turbulence shall also be taken into
consideration. Only with ATC permission is an aircraft of higher speed allowed
to overtake the slower one on or before down wind leg, and overtaking shall be
made on the outer side of the pattern with a lateral separation of not less
than 500 metres. Except in the case of emergency landing, no aircraft is
allowed to overtake any other aircraft on the inner side of the traffic
pattern.

    Aircraft entering the traffic pattern shall obtain prior clearance from
the ATC service at the aerodrome, and entry is to be made along the direction
of the pattern and no crosswise interception is allowed.

    Article 28  When a foreign civil aircraft is making a flight at a
terminal control area under visual meteorological conditions, the air crew
shall keep a vigilant watch against possible collision with other aircraft.
The pilot-in-command shall be held responsible if any collision occurs.

    Article 29  When a foreign civil aircraft is taking off from or
landing at an aerodrome within the territory of the People's Republic of
China, the following altimeter setting procedures are to be observed:

    (1) At an aerodrome where a transition altitude and transition level are
stipulated:

    Before take-off: The aircraft altimeter shall be set to the atmospheric
pressure at the aerodrome elevation; upon reaching the transition altitude the
altimeter shall be set to 760mm.

    Prior to landing: When an aircraft is passing through a transition level,
the altimeter shall be set to the atmospheric pressure at the aerodrome
elevation.

    (2) At an aerodrome where no transition altitude or transition level is
stipulated:

    Before take-off: The aircraft altimeter shall be set to the atmospheric
pressure at the aerodrome elevation; after take-off when the aircraft has
reached in altitude of 600 metres, the altimeter shall be set to 760mm.

    Before landing: When an aircraft has entered the boundary of a terminal
control area or so instructed by ATC controller, the altimeter shall be set
to the atmospheric pressure at the aerodrome elevation.

    (3) At an aerodrome of high elevation:

    Before take-off: When the aircraft altimeter cannot be set to the
atmospheric pressure at the aerodrome elevation, it will then be set to 760mm,
with the indicated altitude interpreted as zero altitude.

    Before landing: When the aircraft altimeter cannot be set to the
atmospheric pressure at the aerodrome elevation, landing is to be made with
the assumed zero altitude notified by ATC controller.

    Article 30  When taking off from or landing at an aerodrome within the
territory of the People's Republic of China, a foreign civil aircraft shall
observe the aerodrome weather minima specified by the General Administration
of Civil Aviation of China. No take-off or landing is allowed when the weather
conditions are below the minima. If in the case of emergency, the
pilot-in-command decides to land below the minima, he shall be held fully
responsible for his decision and all the consequences arising therefrom.

    When the weather is extremely poor, the ATC service at the aerodrome shall
close the aerodrome, prohibiting all take-offs and landings.

    Article 31  In case of hazardous weather that will endanger the aircraft
en route or in the vicinity of an aerodrome of departure or landing within the
territory of the People's Republic of China, the relevant ATC service of the
General Administration of Civil Aviation of China may advise the
pilot-in-command of the aircraft in the affected area to postpone the
take-off, turn back or make a diversion to an alternate as appropriate. The
pilot-in-command, however, has the right to make a final decision for which he
is likewise to be responsible.

    Article 32  When a foreign civil aircraft making a flight within the
territory of the People's Republic of China is found to be in serious
mechanical or other troubles which may endanger its flight safety, the
relevant ATC service of the General Administration of Civil Aviation of China
has the right to terminate its flight and shall in the meantime inform the
State of registry of the aircraft, which shall decide if the flight is to be
continued.

    Article 33  A foreign civil aircraft flying within the territory of the
People's Republic of China shall not be, in any circumstances, allowed to
enter the prohibited airspace delineated by the People's Republic of China.
The General Administration of Civil Aviation of China shall take serious
measures vis-a-vis the pilot-in-command of the aircraft entering such
prohibited airspace and shall not be responsible for any consequences that
may produce to such aircraft.

    Article 34  When the General Administration of Civil Aviation of China
declares, under special circumstances, the closure of a specific air route or
an aerodrome, the pilot-in-command of the foreign civil aircraft concerned
shall amend his flight plan according to the NOTAM(s) issued by the General
Administration of Civil Aviation of China or the instructions from ATC service
concerned.

    Article 35  With the exception of parachuting in emergency, no foreign
civil aircraft when flying within the territory of the People's Republic of
China shall be allowed to jettison articles, spray liquids or make use of
parachutes unless with the permission from the relevant ATC service of the
General Administration of Civil Aviation of China and under prescribed
conditions.

    Article 36  When a foreign civil aircraft flying within the territory of
the People's Republic of China finds itself in emergency where the safety of
crew and passengers are endangered and immediate assistance is required, the
crew of the aircraft shall immediately send a distress signal to ATC service
of the General Administration of Civil Aviation of China so that search and
rescue service can be provided.

    The distress signal by radiotelephony is "MAYDAY" and by radiotelegraphy,
"SOS". As soon as a distress signal is sent, the crew of the aircraft in
distress shall do their possible to report the call sign of the aircraft,
nature of distress, present position, altitude and heading of the aircraft,
as well as the intention of the pilot-in-command by emergency communication.
Emergency communication shall be effected on frequencies currently used by
local air/ground radio communications systems. If necessary, the frequencies
can be switched over to the emergency frequencies for further contact in
accordance with the instructions of the relevant ATC service of the General
Administration of Civil Aviation of China. Emergency frequencies are given in
the AIP.

    Article 37  When the safety of a foreign civil aircraft and/or its
occupants on board are endangered in an emergency which does not warrant
immediate assistance, the air crew of the foreign civil aircraft flying within
the territory of the People's Republic of China shall immediately send an
emergency signal to the relevant ATC service of the General Administration of
Civil Aviation of China. The emergency signal used in radiotelephony is"PAN"
and "XXX" in radiotelegraphy. As soon as emergency signal is sent, the crew of
the aircraft shall also report by radio the call sign of the aircraft, nature
of emergency, its present position, altitude and heading of the aircraft as
well as the intention of the pilot-in-command. Emergency communication shall
be effected on the designated air/ground radio frequency, which can be
switched over to emergency frequencies whenever necessary for further contact.
Emergency frequencies are given in AIP.

    Article 38  A foreign civil aircraft entering or leaving the territory of
the People's Republic of China shall land at or take off from a designated
airport with Customs, quarantine and frontier inspection offices.

    Article 39  A foreign civil aircraft within the territory of the People's
Republic of China (including all its necessary documents, crew members,
passengers and articles carried aboard) is subject to inspection by the
relevant agencies of the People's Republic of China.

    Article 40  A foreign civil aircraft within the territory of the People's
Republic of China is prohibited from carrying explosives, inflamables,
firearms, ammunition and other prohibited articles as prescribed by the
Government of the People's Republic of China.

    Article 41  When any crew member or passenger on board the foreign
civil aircraft suffers from an acute disease during flight, the
pilot-in-command shall immediately report to the relevant ATC service for
arrangement of necessary assistance and medical service for the patient upon
landing.

    Article 42  If a foreign civil aircraft flying within the territory of the
People's Republic of China is found in violation of these Rules, the air
defence aircraft of the Chinese People's Liberation Army on duty may force the
aircraft to land at a designated aerodrome. Non-compliance with the
instructions of the relevant ATC service of the General Administration of
Civil Aviation of China shall constitute a violation of these Rules.    

    Signals used by the air defence aircraft on duty intercepting a foreign
civil aircraft which is found in violation of these Rules and the signals
used by the intercepted aircraft will be those as prescribed in Attachment II.

    A foreign civil aircraft which is forced to make a landing may continue
its flight only after a clearance has been obtained from the General
Administration of Civil Aviation of China.

    Article 43  If the crew members or passengers of a foreign civil aircraft
entering or leaving the territory of the People's Republic of China, flying or
stopping over therein are found in violation of these Rules, a fine or other
penalties may be imposed according to the case, by the General Administration
of Civil Aviation of China or other authorities. Where a serious offence is
involved, it shall be dealt with by the People's Court of the People's
Republic of China.