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DECLARATIONS
LODGED BY THE PEOPLE’S REPUBLIC OF CHINA (PRC) UNDER THE CAPE TOWN CONVENTION AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF RATIFICATION

 

 

1. Declaration under Article 39(1)(a) of the Convention: All non-consensual rights or interests which have priority over secured creditors under the law of the PRC shall have priority without registration over registered international interests, including but not limited to: claim for bankruptcy expenses and community debts, employee’s wages, taxes arising prior to the mortgage, pledge or lien of the civil aircraft, claim for remuneration for rescuing the civil aircraft, claim for necessary expenses incurred for the custody and maintenance thereof of the civil aircraft, etc.

 

Declaration under Article 39(1)(b) of the Convention: Nothing in this Convention shall affect the right of a State or State entity, intergovernmental organization or other provider of public services to arrest or detain an object under the laws of the PRC for payment of amounts owed to such entity, organization or provider directly relating to those services in respect of that object or another object.

 

Declaration under Article 39(4) of the Convention: A right or interest of a category covered by the declaration made under Article 39(1)(a) shall have priority over an international interest registered prior to the date of ratification of the Protocol.

 

 

2. Declaration under Article 40 of the Convention: Rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgement shall be registrable non-consensual rights or interests.

 

 

3. Declaration under Article 43 of the Convention: Article 43 is applicable to the PRC, and paragraph 1 and 2 (a) hereinto are applicable under the condition that the court of a Contracting State chosen by the parties shall be a court located in a place that has actual connections with the dispute of the agreement.

 

 

4. Declaration under Article 50(1) of the Convention: The Convention shall not apply to a transaction which is an internal transaction in relation to the PRC.

 

 

5. Declaration under Article 53 of the Convention: The intermediate people’s courts where the headquarters of relevant airlines of the PRC are located have jurisdictions over aircraft equipment leasing disputes covered by the Convention.

 

 

6. Declaration under Article 54(1) of the Convention: While the charged object is situated within the territory of the PRC, the chargee shall not grant a lease of the object within the territory of the PRC.

 

 

Declaration under Article 54(2) of the Convention: Any remedy available to the creditor under any provision of the Convention which is not there expressed to require application to the court may be exercised only with leave of the court of the PRC.

 

 

11. Unless otherwise notified by the Government of the PRC, the Convention and the Protocol shall not apply to the Hong Kong Special Administrative Region and the Macao Special Administrative Region.

 

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Declarations lodged by the People's Republic of China under the Aircraft Protocol

 

 

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