CODE 18-77

AWO Ltd. 7/84

CONFIDENTIAL

Reference.....1AFN...

3

Mi

Mr Powell

Pay 11

MKK 180/2.

RECEW

31 JAN 1986

DESK OFFICI INDEX

से

ISTRY

a Tukan

LOCALISATION OF CIVIL AVIATION LEGISLATION

1.

Further to my minute of 22 January

Peter Hrady and Peter this morning.

2.

I

Lok to a meeting with

accompanied Pau I Fifoot

Mr Fifoot said that he had discussed the need to localise legislation in Hong Kong with Mr O'Grady, Principal Crown Counsel, when he was in Hong Kong in

December last year.

He asked Heady to remind O'Grady that he would like to see Hong Kong's proposed localisation programme for the next two ог three years as soon as possible. He reminded Heady of the need to deal with the localisation of legislation in large chunks rather than bit by bit. He thought that good candidates for a first Order in Council were Civil Aviation Proper and Shipping.

3.

As far

as

localisation programme

phases:

Civil Aviation is concerned, the ma y have to be dealt with in three

i)

Civil Aviation 1971)

proper

(Civil Aviation Act 1949 and

ii)

iii)

High

Carriage by Air

Highjacking and Security.

The first of these should be relatively straight-forward, although carriage by air and particularly highjacking and security were more difficult. The question of highjacking is closely tied to

extradition and may perhaps be best dealt with when the question of localisation of extradition legislation is tackled.

This would certainnly be a difficult question which will have to be discussed with the Chinese either in the JLG or in the expert sub-group on

international rights and obligations.

4.

Heady repeated that Hong Kong wish to enact a Civil Aviation Ordinance by the end of

the end of the year. I t was agreed that as a first step, Hong Kong would provide us with a general paper outlining the type of powers they would like, which aspects

Tegislation they would not wish to localise and why, and a programme for presenting legislation LEGCO. Legal Advisers would then study their proposals and draft an Order in Council with the aim of presenting the Order in Council by July (Mr Fifoot was optimistic that the Order would be passed quickly because it would be

to

CONFIDENTIAL

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