CODE
X
18-77
Reference
provided to the Governor by virtue of the modification to Section 5(2)(b). This applies to other provisions in this Condition where the power has been given to the Governor.
Condition 6.8 follows the format which I developed for the University of Surrey Licences as I think the provisions in Condition 6.7 - Condition 6.10 in the BSB Licence were probably specifically drafted for that Licensee.
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Condition 7 - I have discussed this condition with Kevin Chamberlain as I was concerned as to whether the vires existed for extending the indemnity to the Governor in view of the fact that there had been no modification in the Order to Section 10(1). Kevin Chamberlain is satisfied with this Condition as drafted.
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Condition 8
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I was not certain whether you wanted to retain the right to approve the insurance within BNSC. Whilst the Governor has the power to include the insurance condition in the Licence, the Act is silent as to what the insurance condition shall be. I have put the options as I see them in square brackets and perhaps you would let me know what you feel would be appropriate.
I think it likely that Hong Kong
will be of the view that it should be the Governor. I imagine, in view of your comments on the insurance arrangements, that you will want both the Secretary of State and the Governor included in Condition 8.2.
11 Condition 9 There is one minor amendment here with the Governor substituted for the Secretary of State in the tailpiece proviso.
12 Condition 10 The same as for Condition 9.
13 Condition 11 - The applicable law is now the law of Hong Kong.
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14 Condition 12 This really is a matter for the Hong Kong authorities and the provisions may be too elaborate or the time scales imposed inappropriate for Hong Kong. comments should be invited and there are further details which are required for Condition 12.3.
15 Condition 13 I have left this in but in square brackets. Given that Asiasat is a single corporate entity, I cannot see that this condition is appropriate. However, I think advice should be sought on this from Hong Kong as I have seen some documentation which refers to the three companies involved in Asiasat as "partners". I think the actual status of Asiasat in company law terms in Hong Kong should be clearly confirmed, together with a definite confirmation that this means that the "partners" in the venture have no individual and separate liability for it.
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Condition 14 - The only change is to the definition of the Outer Space Act 1986.