5/1098

ни

not HUD

Miss Henderson Legal Branch

2. PS/Lord Brabazon

cc Mr Holmes

Mr Stevens - OR Mr Clarke

Mr Fielder

Mr Lord

Mr Orson Legal

PROPOSED AMENDMENT TO SECTION 64 (2) OF THE CIVIL AVIATION ACT 1982 (b)

With the Hong Kong Act receiving Royal Assent consideration has been given to the preparation of an Order in Council to provide for Section 64(2) of the Civil Aviation Act 1982 to cease to apply to aircraft registered in Hong Kong.

At present Hong Kong registered aircraft are exempted from the requirement for an air transport licence granted by the CAA by means of an instrument made under Section 64 (2) (a). It has always been considered that this device should be used in the short term only and that the legislation should be formally amended.

Legal Branch, (minute of 22 July 1987) have confirmed that the Order in Council can be made under paragraph 3(2) of the Schedule to the Hong Kong Act, as being expedient in connection with the provisions of Section 1 (1), namely the ending of sovereignty and jurisdiction over Hong Kong in 1997.

The draft Order has now been prepared and is attached. It incorporates comments from the CAA and the FCO. The Order-in-Council should be submitted to the Privy Council for their November meeting.

Lord Brabazon's approval to proceed with this Order in Council is sought.

CODE 18-77

Susan J. Rooke

MRS SUSAN J ROOKE

1A1A

Room S6/17

Ext 0897

October 1987

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