China. We could not find any provisions in the Act which prohibit a company incorporated in Hong Kong from launching or operating a space object registered outside Hong Kong or the United Kingdom. The following alternatives appear to be permissible under the Act:
following:
(a)
(b)
The Hong Kong Government will not license APT under the Act by invoking section 3(2)(b) of the Act. This will require an arrangement between the United Kingdom and China to secure the compliance with the international obligations of the United Kingdom (e.g. China will undertake to bear full responsibility for the compliance of the international obligations in respect of the APSTAR satellites).
The Hong Kong Government will license APT under the Act. However, as the APSTAR satellites will be under the jurisdiction and control of China as the "state of registry" under the Convention on Registration of Objects launched into Outer Space 1975, the only purpose of the licence under the Act will be to ensure that United Kingdom is adequately indemnified against any liability that may arise under the Convention on International Liability for Damage caused by Space Objects 1972.
I should be most grateful if you would let me have your views on the
(1)
(2)
Whether you are prepared to arrange for the certification by Order in Council as required under section 3(2)(b) of the Act if alternative (a) above is adopted;
Whether you consider that alternative (b) is acceptable under the Act.
Any other comments on the above will also be appreciated. As the APSTAR-1 is scheduled for launching in June 1994, an early decision is required for the appropriate licensing arrangement. I therefore look forward to receiving your early reply to the questions raised above.
Yours sincerely,
исминим
(K. S. Wong)
for Director-General
of Telecommunications