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operations shall be covered by insurance against liabili-
ty for third parties on the surface.
Chapter X
Search and Rescue and Accident Investigation
    Article  151  A civil aircraft in emergency shall
flash signals and report to air traffic control unit to re-
quest rescue; the air traffic control unit shall notify im-
mediately the search and rescue coordination centre. A
civil aircraft in emergency on the sea shall also flash
signals to vessels and national maritime search and res-
cue service.
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       Article   152   Any unit or person observing or lis-
tening in to the emergency of a civil aircraft shall im-
mediately notify the search and rescue coordination
centre concerned, the maritime search and rescue serv-
ice concerned or the local People's Government.
     Article  153  Upon receiving the notification, the
search and rescue coordination centre, the local
People/s Government and the maritime search and res-
cue service shall immediately organize the search and
rescue operation.
    The search and rescue coordination centre which
has received the notice shall manage to notify the civil
aircraft in emergency of the search and rescue measures
already taken.
    The specific measures for searching and rescuing
civil aircraft shall be formulated by the State Council.
   Article 154 The unit or person performing
search and rescue mission shall do their best to rescue
the persons carried in the civil aircraft, and take meas-
ures to rescue the civil aircraft, protect the scene of ac-
cident and preserve evidences according to regulations.
    Article  155  The parties to an accident of civil
aircraft and persons concerned shall, at the time ofin-
vestigation, truthfully reflect the situation at the scene
of accident and other information concerning the acci-
   - 64 -
dent.
     Article  156  The organization and procedures of
the investigation of civil aircraft accident shall be pre-
scribed by the State Council.
Chapter X
      Liability for Damage
to Third Parties on the Surface
  Article 157 Any person on the surface (in-
cluding water surface, the same below) who suffers
death or personal injury or damage to property caused
by a civil aircraft in flight or by any person or thing fal-
ling therefrom shall be entitled to compensation. Nev-
ertheless, the person suffers damage shall have no right
to compensation if the damage is not a direct conse-
quence of the incident giving rise thereto, or if the dam-
age results from the mere fact of passage of the civil air-
craft through the airspace in conformity with air traffic
regulations concerned of the State.
    The term "in flightU mentioned in the preceding
paragraph means the period beginning from the mo-
ment when power is applied by a civil aircraft for the
purpose of actual takeoff until the moment when the
landing run ends. In the case of a civil aircraft lighter
than air, the expression "in flight" relates to the period
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from the moment when it becomes detached from the
surFace untilit becomes again attached thereto.
     Article  158  The liability for compensation con-
templated by Article 157 of this Law shall attach to the
operator of the civil aircraft.
    The term "operator" mentioned in the preceding
 paragraph means the person who was making use of the
civil aircraft at the time the damage was caused. How-
ever, if the control of the navigation of the civil aircraft
was retained by the person from whom the right to
make use of the civil aircraft was derived, whether
directly or indirectly, that person shall still be consid-
ered the operator.
      The operator shall be considered to be making use
of a civil aircraft when his servants or agents are using
the civil aircraft in the course of their employment,
whether or not within the scope of their authority.
     The registered owner of the civil aircraft shall be
presumed to be the operator and shall be liable as such
unless, in the proceedings for the determination of his
liability, he proves that some other person was the op-
erator and, in so far as legal procedures permit, takes
appropriate measures to make that other person a party
　
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本文鏈接地址：The Civil Aviation Law of the People's Republic of China(21)