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Under the existing regulatory regime, unmanned aircraft or “drone” is a kind of aircraft, and its flight safety is regulated by the civil aviation legislation.

Under the new regulatory regime following the commencement of the Small Unmanned Aircraft Order (SUA Order) in 2022, unmanned aircraft means a power driven machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface, which is operated with no pilot on board. Therefore, non-power driven machines such as kites, balloons, sky lanterns and paper airplanes are not regarded as unmanned aircraft. Traditional power driven model aircraft are covered under the definition. An unmanned aircraft is a small unmanned aircraft (SUA) in respect of a flight if its weight does not exceed 25 kg at all times during the flight.

A customised and self-contained legislative framework (i.e. the Small Unmanned Aircraft Order) is introduced under the Civil Aviation Ordinance (Cap. 448) to govern small unmanned aircraft (SUA). The Small Unmanned Aircraft Order (SUA Order) will provide a forward-looking regulatory regime that can foster the innovative development and application of SUA in Hong Kong in tandem with evolving technology, while safeguarding aviation and public safety.

In addition, a remote pilot shall comply with other applicable legislation in Hong Kong, such as Telecommunications Ordinance (Cap. 106), Personal Data (Privacy) Ordinance (Cap. 486), etc. The remote pilot is responsible for obtaining all the necessary permission from other relevant authorities and complying with conditions required by them before the operation.

Unmanned aircraft above 25 kg remains governed by the Air Navigation (Hong Kong) Order 1995 (Cap. 448C) and the Air Transport (Licensing of Air Services) Regulations (Cap. 448A).

The SUA Order took full effect on 1 December 2022. To allow the community to smoothly transit into the new regulatory regime, a six-month grace period will be given to allow the public to familiarise themselves with the new requirements and prepare for compliance. The exceptions are offences in relation to endangering acts, restricted flying zones and enforcement which should take effect upon commencement of the SUA Order to safeguard aviation and public safety.

The classification of SUA in respect of each flight and its operations are as follows –

SUA

Category A1

SUA weighing not more than 250g

Category A2

SUA weighing more than 250g but not more than 7kg

Category B

SUA weighing more than 7kg but not more than 25kg


Operations

Standard Category A1 Operations

Operations of Category A1 SUA within applicable operating requirements


(prior permission from CAD not required)

Standard Category A2 Operations

Operations of Category A2 SUA and Category A1 SUA under exemption within applicable operating requirements


(prior permission from CAD not required)

Advanced Operations

(a) Operations exceeding applicable operating requirements (except wholly within an enclosed area);

(b) Operations of Category B SUA (SUA weighing over 7kg);

(c) Operations of SUA carrying dangerous goods;

(d)Operations for which any part of the flight is within a restricted flying zone (except wholly within an enclosed area).


(prior permission from the CAD required)


Under the new regulatory regime following the commencement of the SUA Order in 2022, small unmanned aircraft (SUA) operations are regulated under a risk-based approach. Based on the weight of the SUA and the operational risk level, SUA operations of different risk levels are subject to the corresponding regulatory requirements. These requirements include registration and labelling of SUA, registration of remote pilots, training and assessment, equipment, operating requirements and insurance. While SUA operations of 250g or below are in general subject to operating requirements only, prior permission from Civil Aviation Department (CAD) will be required for advanced operations involving higher risk.

Please refer to the Safety Requirements Documents for details.

Category of Operation

Standard Category A1 Operation

Standard Category A2 Operation

Advanced Operation

Criteria

Category A1 SUA (weight ≤ 250 g)

(Within Category A1 operating requirements, see Q6)

Category A2 SUA (250 g < weight ≤ 7 kg) and Category A1 SUA under exemption

(Within Category A2 operating requirements, see Q6)

(i)              SUA weight ≤ 7 kg but exceeding the respective Standard Cat A1/A2 operating requirements;

(ii)            SUA weight > 7 kg and ≤ 25 kg;

(iii)          operations involving carriage of dangerous goods; or

(iv)          operations in restricted flying zone (except wholly within enclosed area)

Registration and labelling of SUA

Cross symbol

✓

✓

Registration of remote pilots

Cross symbol

✓

✓

Training and assessment of remote pilots

Cross symbol

Cross symbol

✓

Basic equipment (flight log and geo-awareness)

Cross symbol

✓

✓

Permission from CAD prior to operations required

Cross symbol

Cross symbol

✓

SUA insurance for third-party liability (bodily injury and/or death)

Cross symbol

(Will commence on a later date to be specified)

✓ (Minimum coverage: HKD $10 million)

Key Operating Requirements

Standard Category A1 Operations

Standard Category A2 Operations

Time of operations

Daylight only

Maintain full-time visual line of sight

✓

Maximum flying altitude

[Above Ground Level (AGL)]

100 ft

300 ft

Minimum lateral separation from uninvolved people / structures / vehicles / vessels

10 m

10 m

30 m

Maximum speed

20 km/hr

20 km/hr

50 km/hr

Maximum number of SUA to be operated by a remote pilot at the same time

1

Maximum dimensions of SUA

1 m, except that the longest distance between any two rotor blade tips can be up to 1.2 m

Carriage of person or animal

Unless with permission

Nothing to be dropped from SUA

Unless with permission

The weight of an unmanned aircraft includes battery, payload and other parts of an aircraft. Under the Small Unmanned Aircraft Order (SUA Order), in determining the weight of an unmanned aircraft, everything installed in, carried by or attached to the unmanned aircraft is to be taken into account.

For example, an SUA of 5 kg may be registered as Category A2 SUA (i.e. above 250g but below 7kg). If it conducts a special operation that involves a heavy payload (e.g. a high definition camera of 3kg), the SUA now becomes a Category B SUA (i.e. above 7kg and below 25kg); the remote pilot should ensure a prior permission for advanced operation is obtained before operating it.

Similar to other SUAs, model aircraft falling within the definition of Small Unmanned Aircraft (please refer to Q1) is subject to all regulatory requirements which include, inter alia, registration and labelling of aircraft, registration of remote pilots, training and assessment, insurance, equipment and operating requirements. Please refer to the Small Unmanned Aircraft Advisory Circular AC-012 for details of operations of model aircraft under the SUA Order.

Under the new regulatory regime following the commencement of the Small Unmanned Aircraft Order (SUA Order) in 2022, the court may take the Safety Requirements Document (SRD) by CAD into account, such that any party to any proceedings for an offence under the SUA Order may rely on the SRD to establish or negate any liability at issue in these proceedings.

Dangerous goods means any of the goods or substances as defined to which the Dangerous Goods Ordinance (Cap. 295) applies under Section 3 of that Ordinance; but it does not include any of those goods or substances that are used as or form part of the power source of a small unmanned aircraft (SUA), that are necessary to be carried by the SUA for the flight for complying with the SUA Order, or that are necessary for the SUA to be fit for flying. If an SUA operation involves carriage of dangerous goods, a permission must be obtained from Civil Aviation Department (CAD) in advance.

In general, unmanned aircraft can only be operated in daylight hours. “Daylight hours” refer to the time from half an hour before sunrise until half an hour after sunset, both times exclusive. To supplement, sunrise and sunset are determined at surface level, and the exact times of sunrise and sunset are available on Hong Kong Observatory’s website and mobile app. There must be sufficient daylight for the remote pilot to monitor the course of the unmanned aircraft during the whole flight.

The maximum flying altitude is 100 ft Above Ground Level for Standard Category A1 Operations and 300 ft Above Ground Level for Standard Category A2 Operation.

“Above Ground Level (AGL)” means the altitude at which an aircraft flies from a point on the ground (earth’s surface or water surface). The “altitude” of the SUA is referenced from the closest point of the ground.

A visual line of sight is direct and unaided (other than by the way of corrective lenses or sunglasses) visual contact with the aircraft, and the surrounding airspace in which the aircraft is operating. The specified way in which a VLOS is to be maintained with the aircraft by:

  1. the remote pilot of the aircraft, and/or
  2. a visual observer, chosen by the remote pilot, who is at the same location as the remote pilot, has good eyesight and is capable of communicating timely and effectively with the remote pilot aircraft to avoid collision.

A vessel or vehicle is considered as “under the control” of a remote pilot if:

  1. The remote pilot shall be satisfied that a permission has been granted by appropriate persons which have an interest in the vehicle or vessel (e.g. the management party of the vehicle or vessel) for an SUA to operate within a distance less than the required lateral separation;
  2. Persons on board can reasonably be expected to follow directions and safety precautions for the SUA operation to avoid unplanned interactions with the SUA; and
  3. Persons on board should be adequately briefed or informed about the SUA operations.
A structure is considered to be “under the control of the remote pilot" if:
  1. The remote pilot shall be satisfied that a permission has been granted by appropriate persons which have an interest in the structure (e.g. the management party of the structure) for an SUA to operate within a distance less than the required lateral separation;
  2. Occupants of the structure can reasonably be expected to follow directions and safety precautions for the SUA operation to avoid unplanned interactions with the SUA; and
  3. Occupants of the structure should be adequately briefed or informed about the SUA operations.

“Involved Person” means a person who takes part in or is well aware of the SUA operation, understands the risk, and is aware of the instructions and safety precautions in regard to the SUA operation. In practical terms, this means that an involved person must:

  1. be clearly notified about and aware of the SUA operations;
  2. understand the risks involved;
  3. have reasonable safeguards introduced for them by the venue manager or the SUA operating crew during SUA operation; and
  4. be expected to follow the directions and safety precautions provided.

Address proof issued within the last three months from the application date is required for registration of remote pilot and SUA. Acceptable address proof includes utility or telecommunication bills, correspondences or other documents, issued by banks, insurance companies, government departments, education institutes, international charitable organisations or charitable organisations registered in Hong Kong.  When uploading relevant proof, please make sure that the issuing date and issuing organisation of the document are clearly shown.

Under the Small Unmanned Aircraft Order (SUA Order), all SUA weighing over 250g (except SUA of which flight is wholly within an enclosed area of domestic premises) must be registered with Civil Aviation Department (CAD) before operation, in order to promote safety awareness amongst users of SUA as well as enforceability of the regulatory requirements. The SUA registration requirement will also apply to SUA weighing not over 250g when it is operated in advanced operation. For the definition of advanced operation, please see Q4.

All SUA must be registered and affixed with the SUA registration label issued by the CAD prior to any operation, except for Standard Category A1 Operations, i.e. SUA weighing not more than 250g operated within applicable operating requirements.

You may submit an application for SUA registration with required information and documents via eSUA, the dedicated electronic portal for SUA. Upon CAD's processing, an SUA registration certificate will be sent to your registered email address. You will then receive a SUA registration label that must be displayed on the external surface of the SUA and be clearly visible. 

An application for SUA registration may be submitted by a natural person of at least 18 years of age, body corporate, unincorporated body, school or higher education institution. For a natural person below 18 years of age, his / her SUA can be registered by his / her parent or guardian who is eligible to register the SUA. It should be noted that the responsible person named for the SUA registration is responsible for ensuring the SUA is in compliance with relevant provisions in the SUA Order.

An SUA registration certificate is normally be valid for up to five years. You may apply for renewal of the SUA registration no earlier than 4 months before and no later than 1 year after the expiry date of the registration.

A remote pilot must first register as a registered remote pilot for operating a small unmanned aircraft (SUA) weighing over 250g outside of an enclosed area.

Regardless of the weight of the small unmanned aircraft (SUA), remote pilot of advanced operations are required to register as well. For the definition of advanced operation, please see Q4.

You may submit an application for remote pilot registration with required information and documents on “eSUA”, a dedicated electronic portal for small unmanned aircraft (SUA). During the registration process, you will be required to go through important safety information on safe SUA operations to enhance your safety awareness. Once registered, a remote pilot certificate with Standard Rating assigned will be sent to your registered email address.

An applicant for remote pilot registration must be at least 14 years old.

A remote pilot registration is normally be valid for up to three years. You may apply for renewal of your remote pilot registration no earlier than 4 months before and no later than 1 year after the expiry date of the registration.

You can de-register your SUA with a valid registration by clicking “De-register” in the relevant SUA registration record on eSUA. You are advised to complete the de-registration and remove the registration label from your SUA before its ownership is transferred or disposal.

Registration of remote pilot can only be done using an individual account.  There is no need for remote pilots to register under an organisation. For remote pilots operating SUA under an Advanced Operation Permission (AOP) held by an organisation, a list of these remote pilots should be submitted to the CAD when an organisation applies for the AOP.

A registered remote pilot with Standard Rating can conduct standard operations. A registered remote pilot for advanced operations involving higher risk will be required to obtain an Advanced Rating by undertaking advanced training and assessment from a training organisation approved by Civil Aviation Department (CAD). For the definitions of standard operation and advanced operation, please see Q4.

Under the SUA Order, a remote pilot conducting advanced operation shall hold an advanced rating to ensure that the remote pilot possesses the necessary knowledge, experience and competence. Such remote pilot may undergo training and assessment at advanced level for the issue of advanced rating.  Remote pilots conducting standard operations are not required to undergo such training.

CAD has published the list of Approved Training Organisations and related courses on our website, and the list will be updated from time to time.

Apart from remote pilots who have completed an advanced rating training course, the CAD may consider issuing advanced rating to experienced remote pilots (relevant application should be made before 30 November 2023) as well as those who have already gone through similar training and assessment in other jurisdictions.  For details of alternative means of compliance for advanced rating assignment, please refer to Chapter 5 and Appendix A of the Safety Requirements Documents. 

Regardless of recreational or commercial purpose, conducting Advanced Operations requires prior permission from the CAD.  These operations include:

  1. SUA weight ≤ 7 kg but exceeding the respective Standard Cat A1/A2 operating requirements;
  2. SUA weigh > 7 kg to ≤ 25 kg;
  3. operations involving carriage of dangerous goods; or
  4. operations in restricted flying zone (except wholly within an enclosed area)

Conducting Standard Operations (including Category A1 SUA model under exemption which can operate within Category A2 operating requirements) does not require prior permission from the CAD.

Under the new regulatory regime, individuals can apply for permission to conduct night operations for a cumulative maximum of five nights within any calendar month. Organisations can apply for the Advanced Operations Permission to conduct specific types of Advanced Operations.  The requirements and guidance on application procedures are given at SUA Advisory Circular AC-002 and AC-003.

A flight of a small unmanned aircraft (SUA) is within an enclosed area if the area is surrounded on all sides by fixed or movable walls, ceiling, structures or other barriers (excluding virtual fencing, e.g. geo-fence) that effectively prevent the aircraft from leaving the area during the flight.

A small unmanned aircraft (SUA) weighing over 250g involved in an operation wholly within an enclosed area must also be registered and labelled. For an enclosed area operations of SUA weighing over 7kg or carrying dangerous goods, prior permission from CAD must be obtained. However, the requirements on insurance, equipment (i.e. with functions of geo-awareness and flight log recording), remote pilot registration, rating and operating requirements will not apply.

For an SUA of which flight is wholly within an enclosed area of domestic premises, no requirement will be applicable. Yet the offences related to various endangering acts will still apply.

To safeguard public safety, an enclosed area operation should also be carried out in compliance with the safety guidelines issued by CAD. Please refer to the Small Unmanned Aircraft Advisory Circular AC-008 for details.  

The special arrangement will apply to an operation of an SUA weighing not over 7kg if the following conditions are met:

  1. The unmanned aircraft is operated for a flight for educational or research purposes;
  2. The remote pilot and the unmanned aircraft are wholly within the school premises of a school at all times during the flight;
  3. The flying altitude of the aircraft is not higher than 100 ft above ground level for Category A1 SUA; or 300 ft above ground level for Category A2 SUA as specified by the Director-General of Civil Aviation in G.N.1276;
  4. The unmanned aircraft is not carrying any dangerous goods during the flight;
  5. For an aircraft weighing over 250g, the aircraft
    1. is registered and;
    2. is affixed with a registration label, which is displayed on the external surface of the aircraft and is clearly visible;
  6. For a flight within a restricted flying zone –
    1. the flight is wholly within an enclosed area within the school premises; or
    2. the aircraft is operated in accordance with a permission in respect of the restricted flying zone.

“Above Ground Level (AGL)” means the altitude at which an aircraft flies from a point on the ground (earth’s surface or water surface). The “altitude” of the SUA is referenced from the closest point of the ground.

Please refer to the Small Unmanned Aircraft Advisory Circular AC-009 for details.

For SUA operations for educational or research purposes conducted within the school premises, limited application of the SUA Order is applied. (i.e. registration of remote pilots, training and the registration, training and assessment requirements for remote pilots, equipment, insurance, and operating requirements shall not apply whilst the flying altitude of these operations should not exceed 300 ft AGL and only Category A1 and duly registered and labelled A2 SUA shall bs used). Please refer to the Small Unmanned Aircraft Advisory Circular AC-009 for detailed guidance of these operations.

“Above Ground Level (AGL)” means the altitude at which an aircraft flies from a point on the ground (earth’s surface or water surface). The “altitude” of the SUA is referenced from the closest point of the ground.

Restricted flying zones (RFZs) may be designated to restrict the flying of small unmanned aircraft (SUA) to ensure aviation safety, public safety or order, or otherwise as necessary. Remote pilots are encouraged to refer to the drone map on “eSUA”, a designated electronic portal for SUA, for the latest boundary of RFZs.

Remote pilots should make reference to the General Safety Guidelines for good choices of flying sites. In addition, to have a safe flight plan, remote pilots should refer to other maps to understand the other restricted areas / zones under other legislation or regulation such as the Air Navigation (Flight Prohibition) Order (Cap. 448E) and the Mass Transit Railway By-laws (Cap. 556B).

There is currently no charge payable for an application to operate unmanned aircraft for hire-or-reward purpose.

Under the “user-pays” principle, the costs of Civil Aviation Department (CAD) in processing applications and providing various services under the Small Unmanned Aircraft Order (SUA Order) should be recovered from the users through fees charged on applications. However, to promote safe operation of small unmanned aircraft (SUA) and to minimise the burden on users as far as possible at the initial stage of the new regime, no application fees will be charged in the first three years since the commencement of the SUA Order in 2022.

The SUA Order does not restrict a responsible person of SUA to lend or lease the SUA to other people. The responsible person is, however, reminded to observe the legal obligation under the SUA Order.

Insurance requirements in respect of the third party liability for bodily injury and/or death are imposed for SUA for Standard Category A2 Operations and Advanced Operations. The minimum coverage for Category A2 Operations should be set at $5 million, and for Category B Operations, $10 million.

The mandatory insurance requirements are implemented in phase with that of Advanced Operations taking effect upon commencement of the SUA Order on 1 June 2022. The second phase will be mandatory insurance for Standard Category A2 Operations, which will commence on a later date to be specified by the Director by notice published in the Gazette.

An exemption (G.N.2303) has been made for Category A1 SUA that are equipped with a safety system capable of performing all the functions specified in or pursuant to section 13 of the Order for the purposes of section 11(1)(d) of the Order.

Under the exemption, such Category A1 SUA can be operated within all the operating requirements applicable to Category A2 SUA, and are subject to other regulatory requirements applicable to Category A2 SUA, e.g. registration and labelling of SUA, registration of remote pilot, equipment etc.

Note: Some typical examples of such Category A1 SUA are Autel EVO Nano series and DJI Mini series, etc.

Radio jammers that aim to interfere or even block radio-communications by emitting radio wave at operating frequencies same as that of the affected radio apparatus (including unmanned aircraft) are strictly prohibited in Hong Kong. Any person selling, possessing or using such jammers will contravene the Telecommunications Ordinance and the Office of the Communications Authority (OFCA) will take enforcement actions as appropriate.

Under the new regulatory regime following the commencement of the Small Unmanned Aircraft Order (SUA Order) in 2022, interfering with a small unmanned aircraft (SUA) when it is being operated for a flight may constitute an offence under Section 23 of the SUA Order. Offenders are liable to a fine at $100,000 and to imprisonment for two years upon conviction.

The CAD has uploaded a series of tips for visitors with regard to SUA operation and registration. You may view the tips by clicking the link.

https://www.cad.gov.hk/english/sua_tipsforvisitors.html

The “subject tracking”, "follow-me" or "follow" mode can autonomously track and follow a target, typically using GPS, visual recognition technology, or a combination of both. After activating this mode, a remote pilot can operate an SUA with or without manually engaging a remote control or mobile application. Thus, the remote pilot must stay alert and ready to control the SUA by remote control or mobile application to intervene in unforeseen events, especially in an emergency that poses an imminent danger to the public and / or aviation safety. Please be reminded to observe the applicable regulatory requirements under the Small Unmanned Aircraft Order (SUA Order), such as operating within a visual line of sight (VLOS) and minimum lateral separation from uninvolved people/ structures/ vehicles or vessels.