X
31/9
HKC031/9
RECEWE
DECISTRY 51602
129 FEB 1990DAN 123
CREB
DESK OFFICEB
PA
GISTRY
Action Taken
1. Ms Hancock 21/0
о
2
Enter IROS general.
CONFIDENTIAL
Bu on 5/3. to ms Hancock
CONFIDENTIAL
FM HONG KONG
TELNO 604
Grateful it
dralt a consultation
you
TO IMMEDIATE FCO with Legal Advisers.
would
INDEX
reply in
ADVASIO
INFO PRIORITY PEKING
fr 212.
YOUR TELNOS 333 AND 350: OUTER SPACE ACT 1986
OF 16103OZ FEBRUARY 90
16
6/k
2
Mr Wholmersley 20/12/90
Jelow
CAW
any
comments believe
about
Grateful for on para 2.1
you felt strongly
our need to
1. OUR LEGAL ADVICE POINTS OUT THAT CONTRACTUAL ARRANGEMENT, INCLUDING A ''CONTRACT UNDER SEAL'', WOULD NEED TO BE MADE BETWEEN Sie such ASIASAT AND THE UK. TO INVOLVE HONG KONG WOULD COMPLICATE THE ISSUE egislation
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.
in dratt.
Athaga
FOR Y
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 TROS TO BE CLEARED WITH YOU IN ADVANCE. HOWEVER, 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
ADVANCE
.HONG KONG AGREEMENT .(RESTRICTED)
MR MCLAREN
NNNN
Ats Major.
IF
1912
¥2655
1. I am proposing to consult mo Fifoot about this on his return. Whilst I understand this concerns, we do have a legitimate MR FIFOOT LEGAL ADV interest until 1997.
HD/HKD
2. I am not sure that ly is in fact correct - certainly in the smaller DT's we would expect to see draft legislation implementing international obligations.
GAW
2012190.