CONFIDENTIAL
167523.
MDLIAN 1607
TO
RELEVANT AIR SERVICES ARRANGEMENTS.
THERE WOULD APPEAR TO BE A CONFLICT HERE WITH THE REQUIREMENT FOR THE GOVERNOR, WHEN ACTING UNDER DELEGATED AUTHORITY, TO COMPLY WITH ANY GENERAL GUIDELINES OR SPECIFIC DIRECTIONS WHICH MAY BE CONVEYED TO HIM BY THE SECRETARY OF STATE.
FURTHERMORE, ART 83, AS PRESENTLY WORDED, COULD APPLY TO AIR SERVICES OPERATED IN ACCORDANCE WITH HONG KONG ASAS. PRESUMABLY, YOU WISH TO INCLUDE ARTI 83 BECAUSE THIS POINT IS NOT COVERED IN EVERY TERRITORY'S LICENSING REGULATIONS (MAED'S LETTER OF 9 JULY 1985). SOME TERRITORIES MAY NEED ART 83, BUT HONG KONG DOES NOT.
J4.
ARTICLE 99(1)
DEFINITION OF GOVERNOR
UNDER THE PRESENT ORDER, A NUMBER OF CAD OFFICERS HOLD DELEGATED POWERS, I.E. THEY HAVE BEEN AUTHORISED BY THE GOVERNOR UNDER SPECIFIC ARTICLES FOR SPECIFIC PURPOSES SUCH AS ISSUE OF LICENCES, ETC. UNDER THE NEW ORDER THESE OFFICERS WOULD ALSO REQUIRE THE APPROVAL OF THE SECRETARY OF STATE. IF THE NEW ORDER WERE APPLIED TO HONG KONG, WE WOULD NEED TO KNOW HOW THIS WOULD WORK. OTHERWISE, THE NEW ORDER MAY COME INTO FORCE WITH NO-ONE AT MANAGEMENT LEVEL ABLE TO EXERCISE POWERS UNDER IT.
5.
SCHEDULE 8
-
THIS SCHEDULE
LICENCES AND RATINGS
CONTINUES TO MAKE PROVISION FOR SENIOR COMMERCIAL PILOT LICENCES (SCPL). CURRENTLY HONG KONG HAVE NO SCPLS ISSUED · AND THEY HAVE FALLEN INTO DISUSE. PROPOSALS FOR AMENDMENT OF ICAO ANNEX 1 WILL BE PUT TO 122ND SESSION OF THE ICAO COUNCIL LATER THIS YEAR, TO BECOME APPLICABLE ON 16 NOVEMBER 1989. ONE AMENDMENT IS THE DELETION OF THE SCPL. IT WOULD BE CONVENIENT (SUBJECT OF COURSE TO OTHER DEPENDENT TERRITORIES BEING IN A SIMILAR POSITION) TO DELETE THE SCPL NOW FROM THE NEW ORDER.
6.
SCHEDULE 14
-
AIR NAVIGATION (GENERAL) REGULATIONS CAN (G)RS)
THE REGULATIONS ARE MADE UNDER A NUMBER OF ARTICLES. ARTICLE 98(2) EMPOWERS THE GOVERNOR, WITH THE APPROVAL OF A SECRETARY OF STATE, TO AMEND THEM. TAKING ADVANTAGE OF A SIMILAR PROVISION IN THE PRESENT ORDER, WE HAVE AMENDED REGULATIONS 10 AND 13 OF THE CURRENT AN(G)RS. THESE REGULATIONS IN THE NEW AN (G)RS ARE 13 AND 15 RESPECTIVELY WE WOULD LIKE SUCH AMENDMENTS TO REMAIN IN FORCE. GRATEFUL FOR ADVICE AS TO WHETHER THIS WILL HAPPEN AUTOMATICALLY WHETHER WE WILL NEED TO GO THROUGH THE LEGAL PROCESS AGAIN.
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