CONFIDENTIAL
151602
21
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 604
HKC0319
RECEIVER
21 DB 1990
DESK OFFICE
INDEX
OF 16103OZ FEBRUARY 90
INFO PRIORITY PEKING
618
MDHIAN 7307
GISTRY
TOP COPY Q DIST ?
MrTak Milne BNSC
YOUR TELNOS 333 AND 350: OUTER SPACE ACT 1986
·
Reply out ора
fa BM19/2
1. OUR LEGAL ADVICE POINTS OUT THAT CONTRACTUAL ARRANGEMENT, INCLUDING A CONTRACT UNDER SEAL'' WOULD NEED TO BE MADE BETWEEN ASIASAT AND THE UK. TO INVOLVE HONG KONG WOULD COMPLICATE THE ISSUE TREMENDOUSLY. IN VIEW OF THIS AND BEARING IN MIND BNSC'S DOUBTS OVER CONTRACTUAL ARRANGEMENT, WE AGREE THAT WE SHOULD SEEK TO EXTEND THE ACT TO HONG KONG UNDER SECTIONS 15(6) AND 2(3). TO ASSIST WITH FUTURE CONSULTATION WITH THE CHINESE ON LOCALISATION OF THE ACT, WE WOULD PREFER A HONG KONG AUTHORITY TO ISSUE LICENCES FOR SPACE OBJECTS. GRATEFUL IF YOU COULD TAKE THIS INTO CONSIDERATION WHEN MODIFYING THE ACT ON EXTENSION. WE SHALL REVERT TO YOU AFTER HAVING SEEN YOUR DRAFT ORDER. WE WOULD OF COURSE CONTINUE WITH THE DRAFTING OF THE LOCAL LEGISLATION SEPARATELY.
2. PARA 3 OF FIRST TUR : IT HAS NOT IN THE PAST BEEN NECESSARY FOR US TO SHOW YOU AS A MATTER OF COURSE ALL DRAFT BILLS WHICH IMPLEMENT IROS. IN DRAFTING SUCH LOCAL LEGISLATION, WE IN MOST, IF NOT ALL, CASES FOLLOW CLOSELY THE RELEVANT UK ENACTMENTS AND/OR THE PROVISIONS OF THE RELEVANT TREATIES CONCERNED. WE THEREFORE SEE VERY LITTLE PRACTICAL NEED TO BOTH YOU WITH SUCH DRAFT BILLS. DEPARTURE FROM THIS ESTABLISHED PRACTICE WOULD PROVIDE THE CHINESE WITH AMMUNITION TO ARGUE FOR A MIRROR IMAGE AFTER 1997, THUS UNDERMINING OUR AUTONOMY UNDER JD 54-55. WE WOULD THUS BE MOST RELUCTANT TO AGREE TO ANY STANDING ARRANGEMENT FOR OUR DRAFT BILLS WHICH IMPLEMENT IROS TO BE CLEARED WITH YOU IN ADVANCE. HOWEVER, IF THERE ARE GENUINE NEEDS FOR YOU TO SEE ANY PARTICULAR DRAFT BILL, WE ARE PREPARED TO SHOW YOU THE RELEVANT PARTS OF IT WHICH IMPLEMENT IROS.
3. PARA 9 OF 1ST TUR AND PARA 5 OF 2ND TUR: WE SHALL PASS THE INFORMATION TO YOU AS SOON AS IT IS AVAILABLE.
WILSON
1
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