中华人民共和国民用航空法（二）

rantee is furnished in accordance with Article 166 of this Law， it shall be specifically and preferentially assigned to payment of claims under this Chapter.

　　Article 170 Any sum due to an operator from an insurer shall be exempt from seizure and execution by creditors of the operator until claims of third parties under this Chapter have been satisfied.

　　Article 171 Actions concerning indemnity for damage to third parties on the surface shall be subject to a period of limitation of two years from the date of the incident which caused the damage； but in any case

such period shall not go beyond a period of three years from the date of the incident which caused the damage.

　　Article 172 The provisions of this Chapter shall not apply to the following damage：

　　（1） The damage caused to a civil aircraft in flight， or to persons or cargo on board such aircraft；

　　（2） The damage which is regulated either by a contract between the person who suffers such damage and the operator or the person entitled to use the civil aircraft at the time the damage occurred， or by the law relating to workman's compensation applicable to a contract of employment between such persons； and

　　（3） Nuclear damage.

　　Chapter XIII Special Provisions Governing Foreign Civil Aircraft

　　Article 173 The provisions of this Chapter shall be applicable to foreign civil aircraft operated by foreigners and engaged in civil aviation activities in the territory of the People's Republic of China； where no provisions are available in this Chapter， other provisions concerned in this Law shall apply.

　　Article 174 A foreign civil aircraft may enter or leave the airspace of the People's Republic of China， and operate or land in the territory of the People's Republic of China only in accordance with the air transport agreement concluded between the Government of the People's Republic of China and the government of the State in which the aircraft is registered， or in accordance with the approval or clearance of the competent civil aviation authority under the State Council of the People's Republic of China.

　　If a foreign civil aircraft， not conforming to the provisions of the preceding paragraph， is entering or leaving the airspace of the People's Republic of China without authorization， the authorities concerned of the People's Republic of China have the right to take necessary measures to order the aircraft to land at a designated airport； if there is reasonable ground to deem that it is necessary to make an inspection of a foreign civil aircraft which operates in conformity with the provisions of the preceding paragraph， the authorities concerned have the right to order the aircraft to land at a designated airport.

　　Article 175 The operator of a foreign civil aircraft entering the airspace of the People's Republic of China shall furnish relevant certificate（s） to prove that he has been covered by insurance against liability for third parties on the surface， or obtained corresponding guarantee； where the operator fails to furnish the relevant certificate（s）， the competent civil aviation authority under the State Council of the People's Republic of China has the right to refuse him to operate into the airspace of the People's Republic of China.

　　Article 176 The operator of a foreign civil aircraft may operate the international scheduled air services specified in the air transport agreement concluded between the Government of the People's Republic of China and his own government only after he has been designated by his own government and obtained the operating licence issued by the competent civil aviation authority under the State Council of the People's Republic of China； the operator of a foreign civil aircraft may operate non-scheduled air transport between a place within the territory of the People's Republic of China and a place without said territory only after he has been approved by his own government and by the competent civil aviation authority under the State Council of the People's Republic of China.

　　The operator of foreign civil aircraft mentioned in the preceding paragraph shall， in accordance with the provisions of the laws and administrative rules and regulations of the People's Republic of China， formulate corresponding plan of security and submit it to the competent civil aviation authority under the State Council of the People's Republic of China for the record.

　　Article 177 No operator of foreign civil aircraft sh

all operate the air transport between two points in the People's Republic of China.

　　Article 178 The flight of a foreign civil aircraft shall be conducted in accordance with the timetable or flight plan approved by the competent civil aviation authority under the State Council of the People's Republic of China； approval of the competent civil aviation authority under the State Council of the People's Republic of China shall be obtained by the operator in respect of any change in timetable or flight plan； the operator shall report in time to the competent civil aviation authority under the State Council of the People's Republic of China in respect of any change or cancellation of flight.

　　Article 179 A foreign civil aircraft shall take off or land at a customs airport designated by the competent civil aviation authority under the State Council of the People's Republic of China.

　　Article 180 The competent civil aviation authority under the State Council of the People's Republic of China and other competent authorities shall have the right to inspect the documents specified in Article 90 of this Law of a foreign civil aircraft on its landing or departure.

　　Foreign civil aircraft and the persons， baggage and cargo carried therein shall be subject to entry， exit， customs， quarantine and other inspections exercised by the competent authorities concerned of the People's Republic of China according to law.

　　In exercising the inspections prescribed in the two preceding paragraphs， undue delay shall be prevented.

　　Article 181 The civil aircraft certificates of airworthiness and certificates of competency and licences of crew members issued or rendered valid by the State in which the nationality of a foreign civil aircraft is registered， shall be recognized as valid by the Government of the People's Republic of China， provided that the requirements under which such certificates or licences were issued or rendered valid shall be equal to or above the minimum standards established by the International Civil Aviation Organization.

　　Article 182 In the event that a foreign civil aircraft is in emergency within the search and rescue area of the People's Republic of China， the participation of its owner or of the State in which the nationality of the aircraft is registered shall be subject to the approval of the competent civil aviation authority under the State Council of the People's Republic of China or in accordance with the agreement between the governments of the two States.

　　Article 183 In the event of an accident occurred to a foreign civil aircraft in the territory of the People's Republic of China， the State in which the nationality of the aircraft is registered or other States concerned may appoint observers to take part in accident investigation. The report of accident investigation and findings in the matter shall be communicated by the competent civil aviation authority under the State Council of the People's Republic of China to the State in which the nationality of such civil aircraft is registered and other States concerned.

　　Chapter XIV Application of Law to Foreign-related Matters

　　Article 184 Where the provisions of an international treaty concluded or acceded to by the People's Republic of China are different from those of this Law， the provisions of that international treaty shall apply， except the provisions for which reservation has been declared by the People's Republic of China.

　　In respect of cases which are not provided by the law of the People's Republic of China or by the international treaties concluded or acceded to by the People's Republic of China， international practices may apply.

　　Article 185 The law of the State in which the nationality of a civil aircraft is registered shall be applicable to the acquisition， transference and extinction of the ownership of the civil aircraft.

　　Article 186 The

law of the State in which the nationality of a civil aircraft is registered shall be applicable to the mortgage of the civil aircraft.

　　Article 187 The law of the location of the court which takes up the case shall be applicable to civil aviation liens.

　　Article 188 The parties to a contract of civil air transport may choose the law applicable to the contract unless otherwise provided by law. In case the parties to the contract have made no such choice， the law of the State most closely related to the contract shall apply.

　　Article 189 The law of the place where an act of tort occurred shall be applicable to indemnity for damage caused by a civil aircraft to third parties on the surface.

　　The law of the location of the court which takes up the case shall be applicable to the indemnity for damage caused by civil aircraft over the high seas to third parties on the surface.

　　Article 190 The application of foreign laws or international practices in accordance with the provisions of this Chapter shall in no way violate the public interest of the People's Republic of China.

　　Chapter XV Legal Liability

　　Article 191 Where a person seized an aircraft by violence， threats thereof or

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