CONFIDENTIAL
0124656
MDHOAN 1076
CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 113
OF 12180OZ JANUARY 90
HKC031/9
RECEIVED IN REGISTRY
19 JAN 1990 TOP COPY
DESK OFFICER
INDEX
FOR WHITNEY, GDB FROM MILNE, BNC
PA
WH 1911
YOUR TELNO 60: OUTER SPACE ACT 1986
REGISTRY
Action Taken
DIST?
1. YOUR LETTER OF 2 JANUARY INDICATES THAT LOCAL LEGISLATION
WILL BE THE VEHICLE FOR BRINGING INTO FORCE THE OUTER SPACE ACT
1986 IN HONG KONG.
2. GRATEFUL FOR DETAILS OF DRAFT BILL IMMEDIATELY. IF THIS CANNOT BE MADE AVAILABLE NOW, GRATEFUL COPY OF DRAFTING INSTRUCTIONS AND ANY ANCILLIARY PAPERS SO THAT BNSC SOLICITORS CAN CONFIRM THAT PROPOSED LEGISLATION WILL ADQUATELY ENCOMPASS
ALL UK INTERNATIONAL OBLIGATIONS AND CONCERNS REGARDING INTERNATIONAL LIABILITY, INSURANCE, ETC.
3.
ONCE DRAFT LEGISLATION IS AGREED, HOW DO HONG KONG AUTHORITIES INTEND TO OPERATE THE LICENSING ASSESSMENT AND LICENSE SIGNATURE? AT PRESENT, ONLY BNSC AND SECRETARY OF STATE FOR TRADE AND INDUSTRY ARE EMPOWERED TO ASSESS LICENSE
APPLICANTS, NEGOTIATE LICENSE CONDITIONS AND GRANT LICENSES. DO YOU INTEND TO SET UP A SECTION TO HANDLE ASIASAT LICENSE
APPLICATIONS OR DO YOU INTEND TO ASK BNSC TO TAKE THIS ON?
4 =
YOU SHOULD NOTE THAT THE LICENSE RECENTLY ISSUED BY BNSC TO BSB (BRITISH SATELLITE BROADCASTING), A BROADLY SIMILAR SATELLITE TO ASIASAT BUT APPARENTLY LESS COMPLEX LEGALLY, INVOLVED INTENSIVE CONSULTATIONS OVER SEVERAL MONTHS AT A SENIOR LEVEL.
THIS ALSO ENCOMPASSED OBTAINING ADVICE FROM SEVERAL LEGAL EXPERTS IN UK AND OVERSEAS, A TECHNICAL INSPECTION OF THE FACILITIES AND REFERRAL OF THE CASE TO MINISTERS.
5.
SHOULD YOU WISH BNSC TO HANDLE THIS CASE, AS A FIRST STEP WE WOULD NEED THE FOLLOWING INFORMATION:
A) ARE CABLE AND WIRELESS AND HUTCHISON WHAMPOA AWARE THAT AN
OUTER SPACE ACT LICENCE WILL BE REQUIRED? IF NOT, I SUGGEST THEY ARE INFORMED IMMEDIATELY.
B) IS IT LIKELY THAT THE US SECURITY PLAN WILL BE AGREED SOON? IF NOT, IS IT LIKELY THAT THE LAUNCH DATE WILL BE DELAYED?
C)
WHO WILL CONTROL AND OPERATE THE SATELLITE?
D) WHAT IS THE FINANCIAL STRUCTURE OF THE OPERATING
CONSORTIUM, IE WHO WILL OWN THE SATELLITE AND WHERE IS THEIR
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