RESTRICTED
RESTRICTED
FM FCO
TO IMMEDIATE PEKING
TELNO 164
OF 231029Z FEBRUARY 90
HKC 03119
RECEIVE
NARE 15 MAR 1990
INFO ROUTINE HONG KONG, UKREP JLG HONG KONG ER
IND
ATRY
PA
...n Taken
OUTER SPACE ACT 1986: ASIASAT
175103 MDHOAN 3736
38
23/2
1. WE HAVE BEEN COPYING TO YOU CORRESPONDENCE (RESTING WITH
HONG KONG TELNO 665 TO FCO) ABOUT ARRANGEMENTS FOR THE LAUNCH OF THE ASIASAT SATELLITE FROM CHINA IN APRIL. WE NOW NEED TO
CONCLUDE A BILATERAL ARRANGEMENT WITH THE CHINESE WHICH WILL PROTECT OUR POSITION ON THE QUESTION OF LIABILITY UNDER THE UN LIABILITY CONVENTION IF ANY DAMAGE IS CAUSED TO THIRD PARTIES DURING THE LAUNCH PHASE. (BECAUSE ASIASAT IS A HONG KONG
REGISTERED COMPANY THE UK WOULD OTHERWISE SHARE LIABILITY AS A
JOINT LAUNCHER STATE UNDER ARTICLE V OF THE LIABILITY
CONVENTION).
2.
THE PRC SIGNED AN AGREEMENT (MOU) WITH THE US IN 1988 UNDER
WHICH THEY ACCEPTED FULL LIABILITY FOR ANY CLAIMS AGAINST THE US ARISING FROM THE LAUNCHES OF THE AUSSAT AND ASIASAT
SATELLITES. THE CHINA GREAT WALL INDUSTRY CORPORATION HAS
RECENTLY CONFIRMED TO ASIASAT THAT THE CHINESE GOVERNMENT IS READY TO ACCEPT FULL LIABILITY FOR ALL DAMAGE CAUSED TO THIRD PARTIES DURING THE LAUNCH OF ASIASAT.
3. GRATEFUL THEREFORE IF YOU WOULD PROPOSE TO THE MFA THAT WE SHOULD CONCLUDE A BILATERAL ARRANGEMENT SINCE THIS MUST BE IN PLACE BEFORE THE EARLIEST POSSIBLE LAUNCH DATE ON 7 APRIL, THE SIMPLEST ARRANGEMENT MIGHT BE A FORMAL EXCHANGE OF NOTES BETWEEN THE EMBASSY AND THE MFA. MIFT CONTAINS A SUGGESTED DRAFT. PLEASE PUT THIS TO THE MFA AND REPORT REACTIONS.
4.
FOR YOUR OWN INFORMATION THE CHINESE MAY SEEK RECIPROCAL
ASSURANCES FROM US IN RESPONSE ABOUT LIABILITY FOR THE SATELLITE DURING THE PERIOD AFTER SEPARATION. IF SO, WE MAY WELL HAVE TO AGREE: BUT YOU SHOULD MERELY UNDERTAKE TO REFER
ANY REQUEST WITHOUT COMMITMENT.
5. SEE MIFT.
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