CODE 18-77|
Reference
SB3ABK
CONFIDENTIAL
Нив
Mn3 192/1
From: S R Bonde
ESED
Date: 31 December 1991
Dr Harkin, HKD
ASIASAT: BRITISH NATIONAL SPACE CENTRE (BNSC)
1.
I attach Ken Inglis' comments of 24 December from BNSC on Hong Kong Telno 3716 and their concern to hold at bay involvement by China post 1997 in their satellite licensing arrangements. The comments expand on the points in my minute of 19 September.
2. First, HMG in the UK is legally responsible under the various UN Conventions and Agreements for all aspects relating to the launch of satellites by Hong Kong or any other British Dependent Territory. Such conventions cover, among other things, the registration of objects launched into space and liability for damage caused by space objects. We have devolved the authority to license such activities in Hong Kong to the Governor under the Outer Space Act 1986 and the Outer Space Act 1986 (Hong Kong) Order 1990. But our responsibility for "running [the Hong Kong] satellite licensing regime" is in no way reduced.
3.
In addition, such devolved authority concerns exclusively the UK responsibility for the satellite licensing regime in Hong Kong and will cease immediately when that UK responsibility ceases, ie when China resumes sovereignty over Hong Kong. Hong Kong cannot argue therefore that they want to avoid their local licensing arrangements becoming entangled in mainland bureaucracy post 1997. Post 1997 they will have no local licensing arrangements unless or until the Chinese Government in Peking chooses to emulate the UK and devolve such authority to Hong Kong. You are better able than I to judge how likely that is.
4.
BNSC, as the appropriate arm of HMG in UK, have an obligation to provide their services to the Governor but they do so not to help him but to safeguard HMGS responsibility under the UN Conventions. They are prepared to do so therefore on the same basis as before but are quite right not to get involved in any attempt to mis-represent the legal situation as it really is.
SR Bonde
CONFIDENTIAL