GRS 400
CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 630
Confidential
OF 280955Z FEBRUARY 86
INFO ROUTINE DTP, PEKING
FOR BEDFORD (HKD)-
HKA RECEIVED IN !
180/2
5 MAR 1986
DESK OFFIULI
INDEX
Pe
(pa)
TOP COPY
ON LE
YOUR TELMO 228 LOCALISATION OF CIVIL AVIATION/LEGISLATION
MIFT LISTS THE CONTENTS OF OUR PROPOSED CIVIL AVIATION BILL (CAB). THESE CORRESPOND LARGELY WITH THE RELEVANT PROVISIONS OF THE CIVIL AVIATION ACT 1949 (OVERSEAS TERRITORIES) ORDER 1969 (THE 1969 ORDER). HOWEVER THE LIST IS NOT NECESSARILY EXHAUSTIVE AT THIS STAGE, AND CERTAIN PROVISIONS (E.G. OBSTRUCTIONS) HAVE EXPRESSLY BEEN EXCLUDED WHERE THESE ARE ALREADY CONTAINED IN LOCAL LEGISLATION.
2. MY SECOND IFT CONTAINS DETAILS OF UK ENACTMENTS WHICH IN OUR VIEW WILL BE AFFECTED ONE WAY OR ANOTHER BY THE ENACTMENT OF THE CAB. AS MENTIONED IN OUR 1995 TELNO 2307, THE SUBJECTS OF CARRIAGE BY AIR AND HIJACKING AND SECURITY ARE FOR SUBSEQUENT COVERAGE BY
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SEPARATE LEGISLATION.
3. A LIST OF CONTENTS OF OUR PROPOSED MERCHANT SHIPPING LEGISLATION FOLLOWS BYBAG TO YOU AND DTP.
4. SOME OF OUR REASONS FOR SEEKING AUTHORITY FOR EARLY LOCALISATION OF MERCHANT SHIPPING ALONG WITH CIVIL AVIATION LEGISLATION ARE AS SET OUT IN OUR 1985 TELNO 1749 TO WHICH WHICH WE STILL AWAIT A SUBSTANTIVE REPLY. ALSO THE SAME GENERAL PRINCIPLES GIVEN THERE IN WILL APPLY TO LOCALISATION IN EACH FIELD.
5. SUBJECT TO YOUR VIEWS, THEREFORE, WE WOULD PPEFER THE FIRST ORDER-IN-COUNCIL UNDER PARA 3(1)(B) OF THE SCHEDULE TO THE HONG KONG ACT 1985 TO ENABLE THE HONG KONG LEGISLATUPE
(A) TO REPEAL OR AMEND ANY UK ENACTMENT RELATING TO CIVIL AVIATION OR MERCHANT SHIPPING SO FAR AS IT IS PAPT OF THE LAW OF HONG KONG, AND
(B) TO MAKE LAWS IN THE FIELDS OF CIVIL AVIATION AND MERCHANT SHIPPING HAVING EXTRA-TERRITORIAL OPERATION.
APART FROM FORMAL PARTS, WE DO NOT SEE ANY NEED FOR THE ORDER TO BE MORE SPECIFIC THAN THIS.
6. VE ARE STILL CONSIDERING OUR GENERAL PROGRAMME FOR LOCALISATION OF LEGISLATION FOP THE NEXT TWO OR THREE YEARS AND WILL LET YOU HAVE DETAILS IN DUE COURSE.
Confidential
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