CONFIDENTIAL
FM HONG KONG
CONFIDENTIAL
HKC 180
RECEIVED IN REGISTRY
2 5 NOV 1987
TO PRIORITY FCO
DESK OFFICER
TELNO 4436
INDEX
PA
REGISTRY
Action Taken
OF 240445Z NOVEMBER 87
72
167222
76
MDLIAN 1561
YOUR TELNO 2931: DRAFT AIR NAVIGATION COVERSEAS TERRITORIES) ORDER
THE COLLATION OF COMMENTS HAS TAKEN A BIT LONGER THAN EXPECTED
AND UNFORTUNATELY WE HAVE MISSED YOUR DEADLINE. WE HAVE BEEN
REVIEWING THE PROPOSED APPLICATION OF THE NEW ORDER TO HONG KONG
AGAINST THE BACKGROUND OF THE PROCEDURES AND PRINCIPLES FOR
CONSULTATION ON LOCALISATION OF LAW AS AGREED WITH THE CHINESE AT
JLG VIII.
2.
CERTAIN ARTICLES OF THE NEW ORDER (E.G. ARTICLES 4(18) AND
44) WOULD APPEAR TO PLACE TIGHTER CONTROL ON HONG KONG THAN UNDER
THE PRESENT ORDER. WHEN THE TIME COMES TO LOCALISE THESE PROVISIONS
WE CAN FORESEE THAT IT WOULD BE DIFFICULT TO EXPLAIN TO THE CHINESE
SIDE WHY WE INTEND TO MAKE A LOCAL ENACTMENT WITHOUT SUCH CONTROL
ONLY A FEW MONTHS AFTER THE NEW ORDER HAD BEEN MADE. THIS WOULD COMPLICATE AN ALREADY DIFFICULT TASK.
3. ON THE OTHER HAND, WE CONSIDER IT IMPORTANT FROM THE POINT OF
VIEW OF OPERATIONAL SAFETY FOR OUR LEGISLATION IN THIS FIELD TO BE
BROUGHT UP TO DATE AS QUICKLY AS POSSIBLE. FOR EXAMPLE, THE EXISTING AIRWORTHINESS REQUIREMENTS WERE REVISED IN 1983 AND IT IS
BECOMING INCREASINGLY DIFFICULT TO ADHERE TO THESE UNDER THE PRESENT ORDER. A MORE SPECIFIC EXAMPLE IS THE ABSENCE IN THE PRESENT ORDER OF INSTRUMENT RATINGS FOR HELICOPTER OPERATIONS, WHICH IS CAUSING INCREASING PROBLEMS.
4.
TWO
WE ARE THEREFORE ON THE HORNS OF A DILEMMA. THERE SEEM TO BE
POSSIBLE WAYS OF RESOLVING THIS:
(A) BY APPLYING TO HONG KONG ONLY THOSE ARTICLES OF THE NEW
ORDER WHICH ARE ESSENTIAL FOR THE REASONS GIVEN IN PARA 3 ABOVE,
AND KEEPING THE EQUIVALENT REMAINING PROVISIONS OF THE PRESENT
ORDER IN PLACE.
(B) BY MAKING A SEPARATE ORDER FOR HONG KONG AMENDING THE PRESENT ORDER SO AS NOT TO PREJUDICE THE EVENTUAL LOCALISATION OF THE PROVISIONS REFERRED TO IN PARA 2 ABOVE.
1
PAGE
CONFIDENTIAL