# The Air Navigation (Hong Kong) Order 1995, Paragraph 17: Rules for avoiding aerial collisions


(1) General
(a) Notwithstanding that the flight is being made with air traffic control clearance it shall remain the duty of the commander of an aircraft to take all possible measures to ensure that his aircraft does not collide with any other aircraft.
(b) An aircraft shall not be flown in such proximity to other aircraft as to create a danger of collision.
(c) Aircraft shall not fly in formation unless the commanders of the aircraft have agreed to do so.
(d) An aircraft which is obliged by these Rules to give way to another aircraft shall avoid passing over or under the other aircraft, or crossing ahead of it, unless passing well clear of it.
(e) An aircraft which has the right-of-way under this Rule shall maintain its course and speed.
(f) For the purposes of this Rule a glider and a flying machine which is towing it shall be considered to be a single aircraft under the command of the commander of the towing flying machine.
(2) Converging
(a) Subject to the provision of paragraphs (3) and (4) of this Rule, an aircraft in the air shall give way to other converging aircraft as follows:—
(i) flying machines shall give way to airships, gliders and balloons;
(ii) airships shall give way to gliders and balloons;
(iii) gliders shall give way to balloons.
(b) Subject to the provisions of sub-paragraph (a) of this paragraph, when two aircraft are converging in the air at approximately the same altitude, the aircraft which has the other on its right shall give way:
Provided that mechanically driven aircraft shall give way to aircraft which are towing other aircraft or objects.
(3) Approaching head-on
When two aircraft are approaching head-on or approximately so in the air and there is danger of collision, each shall alter its course to the right.
(4) Overtaking
An aircraft which is being overtaken in the air shall have the right-of-way and the overtaking aircraft, whether climbing, descending or in horizontal flight, shall keep out of the way of the other aircraft by altering course to the right, and shall not cease to keep out of the way of the other aircraft until that other aircraft has been passed and is clear, notwithstanding any change in the relative positions of the two aircraft:
Provided that a glider overtaking another glider in Hong Kong may alter its course to the right or to the left.
(5) Flight in the vicinity of an aerodrome
Without prejudice to the provision of Rule 35, a flying machine, glider or airship while flying in the vicinity of what the commander of the aircraft knows or ought reasonably to know to be an aerodrome or moving on an aerodrome shall unless, in the case of an aerodrome having an air traffic control unit, that unit otherwise authorises:—
(a) conform to the pattern of traffic formed by other aircraft intending to land at that aerodrome, or keep clear of the airspace in which the pattern is formed; and
(b) make all turns to the left unless ground signals otherwise indicate.
(6) Order of landing
(a) An aircraft while landing or on final approach to land shall have the right-of-way over other aircraft in flight or on the ground or water;
(b) In the case of two or more flying machines, gliders or airships approaching any place for the purpose of landing, the aircraft at the lower altitude shall have the right-of-way, but it shall not cut in front of another aircraft which is in the final approach to land or overtake that aircraft:
Provided that—
(i) when an air traffic control unit has communicated to any aircraft an order of priority for landing, the aircraft shall approach to land in that order; and
(ii) when the commander of an aircraft is aware that another aircraft is making an emergency landing, he shall give way to that aircraft, and at night, notwithstanding that he may have received permission to land, shall not attempt to land until he has received further permission to do so.
(7) Landing and take-off
(a) A flying machine, glider or airship shall take-off and land in the direction indicated by the ground signals or, if no such signals are displayed, into the wind, unless good aviation practice demands otherwise.
(b) A flying machine or glider shall not land on a runway at an aerodrome if the runway is not clear of other aircraft unless, in the case of an aerodrome having an air traffic control unit, that unit otherwise authorises.
(c) Where take-offs and landings are not confined to a runway—
(i) a flying machine or glider when landing shall leave clear on its left any aircraft which has landed or is already landing or about to take-off; if such a flying machine or glider is about to turn it shall turn to the left after the commander of the aircraft has satisfied himself that such action will not interfere with other traffic movements; and
(ii) a flying machine about to take-off shall take up position and manoeuvre in such a way as to leave clear on its left any aircraft which has already taken-off or is about to take-off.
(d) A flying machine after landing shall move clear of the landing area as soon as it is possible to do so unless in the case of an aerodrome having an air traffic control unit, that unit otherwise authorises.

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Source: https://www.legislation.gov.uk/uksi/1995/2700/schedule/14/paragraph/17 (the official version)
Page: https://openlegislation.uk/air-navigation-hong-kong-order-1995/schedule-14/paragraph-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

