Mainland China, Hong Kong and Macao held tripartite international air law meeting

To enhance the communication and the exchange of ideas on international air law between mainland China, Hong Kong and Macao, and to better coordinate among themselves on the drafting and the amendment of international civil aviation conventions so as to play a more active role in international aviation affairs, legal specialists from the aeronautical authorities and other relevant government bodies from the three sides met in Macao on 27 and 28 March 2008 to hold a tripartite international air law meeting. The meeting allowed the three sides to discuss the modernization of the Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface (or the Rome Convention of 1952) and interact with each other on the latest developments of their legal aviation systems. Participants of the meeting were from the Civil Aviation Administration of China, the Department of Justice of Hong Kong SAR, the Transport and Housing Bureau of Hong Kong SAR, the Civil Aviation Department of Hong Kong SAR, the Civil Aviation Authority of Macao SAR (AACM) and the International Law Office of Macao SAR. The global aviation industry has entered into a rapidly developing phase. The healthy development of the industry cannot stand alone without the support of and the protection from laws and regulations. In view of this, mainland China, Hong Kong and Macao have agreed to hold an annual meeting among themselves to exchange views on the drafting and the amendment of international civil aviation conventions as well as take the opportunity to discuss the developments of the legal aviation systems of the three places. The aeronautical authorities of the three areas will each take turn to hold the meeting. The meeting this year was hosted in Macao by AACM. An important issue of discussion in this tripartite air law meeting was the modernization of the Rome Convention of 1952, which regulates the compensation for persons who suffer damage caused on the surface by foreign aircraft. The modernization of the Rome Convention started in 2001. After the September 11 event that took place in the United States of America in that same year, the Council of the International Civil Aviation Organization (ICAO) has then established a special group to study the amendment of the Convention which has presented recommendations for review by the Legal Committee of ICAO. A meeting will be held by the Legal Committee in April this year at the ICAO headquarter in Montreal, Canada for reviewing the amendment work. To prepare for the participation of the Chinese delegation in this meeting, the participants of this tripartite air law meeting dedicated themselves in the discussion on the amendment of the Rome Convention. In addition to the above discussion, the participants also introduced the latest developments of their legal aviation systems. With reference to the situation of Macao, apart from reviewing the present air navigation regulations from time to time and making necessary amendments, three new administrative regulations are presently being draft for the purpose of enhancing the growth of the air transport market and maintaining the efficient monitoring of the industry. These regulations are the regulation governing the security of air cargo and mail, the aerodrome certification and the regulation governing the protection of passenger rights. The drafting of the above three new administrative regulations is expected to reach completion within this year. In what regards the regulation of the security of air cargo and mail, the “Regulated Agent Regime (RAR)” will be implemented once this regulation has been approved and put into effect. The RAR requires that airline operators carry on passenger flights only consignments of cargo or mail the security of which has been accounted for by a Regulated Agent or which has been subjected to other security controls. Such regime can help to further facilitate the security check of air cargo. Ensuring that an airport complies with the required standards is an essential task. For this reason, AACM has started working on the drafting of the aerodrome certification since a few years ago. The aerodrome certification, upon implementation, will alleviate the safe operation of Macau International Airport by ensuring that its facilities and operation procedures comply with the safety standards set forth in the Convention for International Civil Aviation. With reference to the drafting of the regulation governing the protection of passenger rights, AACM has been following closely on the world trend regarding this issue. The regulation will include provisions that govern the immediate handling of passengers by airlines in case of denied boarding, cancellation or delay of a flight.