Date: 201205
Local time of day: 1801-2400
Location: VHHH.Airport, FO
Flight conditions: IMC
Weather elements / visibility: Haze / Smoke
Light: Daylight
Aircraft: B747-400
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Cargo / Freight / Delivery
Flight phase: Climb
ATC / advisory: TRACON VHHH
Reporter organization: Air Carrier
Reporter function: Pilot Not Flying
Reporter qualification: Flight Crew Air Transport Pilot (ATP)
Human factors: Other / Unknown; Communication Breakdown; Situational Awareness
Second reporter function: Pilot Not Flying; First Officer
Anomaly: ATC Issue All Types; Deviation - Altitude Crossing Restriction Not Met; Deviation - Track / Heading All Types; Deviation / Discrepancy - Procedural Clearance
Detector: Person Air Traffic Control; Person Flight Crew
When detected: In-flight
Result: Air Traffic Control Issued New Clearance; Air Traffic Control Issued Advisory / Alert; Flight Crew Requested ATC Assistance / Clarification
Contributing factors: Human Factors; Procedure; Chart Or Publication; Aircraft
Primary problem: Procedure

Narrative: Our TOGW was around 863.0. While in the climb on the assigned BEKOL 2B departure we were initially turned off the BEKOL 2B to an easterly heading. In the left turn we were further instructed; as all three of us interpreted and heard it; to 'turn left direct BEKOL; climb to 6;900 meters; cross departure fix BEKOL at or above 4;800 meters (15;700 FT)'. This was the clearance the First Officer read back. After rolling wings level; heading to BEKOL; it became apparent we could do nothing more; due to our heavy weight; to increase our climb rate. It appeared that we were not going to cross BEKOL at 4;800 meters. We were approximately 16.0 NM from BEKOL when we informed Hong Kong Departure that we were 'unable to cross BEKOL at 4;800 meters.' The Controller then snapped back at us saying; 'I instructed you not to turn to BEKOL until able to cross it at 4;800 meters'. We were then assigned a heading of 090 degrees for us to continue our climb; and shortly thereafter turned us left back direct to the fix BEKOL. We were then handed off to Guangzhou Control and continued on course uneventfully. We crossed BEKOL well above 16;000 FT. Approximate location of clearance given: CH V.O.R. 360 degree radial; 4DME.


Second narrative: If the Controller had really meant for us not to turn until we were sure of meeting the altitude restriction; then we would have expected a clearance such as; 'Continue climb to 6;900 meters on XXX heading. Once assured of crossing BEKOL at or above 4;800 meters; turn left direct BEKOL.' As stated to us in the actual clearance; we were given 3 commands. 1) Turn left direct BEKOL. 2) Climb to and maintain 6;900 meters. 3) Cross BEKOL at or above 4;800 meters. We complied with the heading and climb instructions as given; and immediately informed departure control when we discovered we were unable to comply with the crossing restriction in the remaining distance we had to BEKOL. At play were no doubt communication and interpretation issues due to the lack of a common language. Although all ATC communications are given in English; communication difficulties and interpretation are sometimes an issue internationally. We are told to stay on the assigned SID; when able; to avoid issues like this. But by complying with the heading change as given; we were unable to follow that advice. We weren't asked if we wanted a left turn. We were given a command to do so. A note could be put in our Crew Information Pages warning against early turns towards this or any other departure fix with an altitude crossing restriction. Especially one associated with a FIR boundary; such as BEKOL. Hong Kong Departure Control could be asked not to automatically assume we would want a 'shortcut' on the departure; and default to letting us always fly the full SID; unless this is impossible due to conflicting traffic.


Synopsis: A near MTOGW B747-400 departing VHHH was unable to comply with a crossing restriction at BEKOL when turned off their assigned SID and cleared direct to BEKOL on course. Difficulty with the interpretation of the Controller's language contributed.