TNAG-1517-FCO40-2078-Future-of-Hong-Kong-localisation-of-civil-aviation-legislati-1986 — Page 19

CONFIDENTIAL

30

OCMIAN 7082

CONFIDENTIAL

PP HOKON

FM FCOLN TO HOKON

011500Z JUL

180

HKK 256

RECEIVI

- 4 JUL 1986

47082

GRS 323

CONFIDENTIAL

FM FCO

TO PRIORITY HONG KONG

TELNO 1297

OF 011500Z JULY 86

DS

INDEX

+4

Y

akur

MIPT: LOCALISATION OF LEGISLATION

1.

PARA 2(C) OF TELELETTER. IT WAS DELIBERATELY INTENDED TO MAKE THE WORDING GENERAL TO AVOID ITEM IS ING THE VARIOUS ASPECTS AND THUS RUNNING INTO THE DANGER OF OMITTING A PARTICULAR TOPIC.

IT IS INTENDED THAT THE GENERAL HEADS SHOULD BE LIBERALLY

CONSTRUED. IN THIS RESPECT THE ORDER CONFERS ON HONG KONG THE NECESSARY POWERS IN THE AREAS SPECIFIED: IT DOES NOT GIVE HONG

KONG POWERS IN OTHER WELL-DEFINED AREAS OF THE LAW MERELY BECAUSE

THOSE OTHER AREAS OF THE LAW MAY MANIFEST THEMSELVES IN

CONNECTION WITH THE SPECIFIED AREAS. FOR EXAMPLE THERE ARE A

NUMBER OF STATUTORY PROVISIONS RELATING TO SAFETY OF AIRCRAFT AND

THE PROTECTION OF CIVIL AVIATION SERVICES FROM ACTS OF TERRORISM

WHICH ALSO DEAL WITH EXTRADITION. THE FACT THAT EXTRADITION CAN

OPERATE IN RELATION TO CIVIL AVIATION (NEXT TWO WORDS UNDERLINED) DOES NOT MEAN THAT THIS ORDER WILL CONFER THE POWER ON HONG KONG TO AMEND UK LAWS RELATING TO EXTRADITION OR TO

MAKE LAWS WITH EXTRATERRITORIAL EFFECT RELATING TO EXTRADITION.

2.

PARA 2 (D) OF TELELETTER. THERE IS NO SATISFACTORY WAY OF

DEFINING WHAT IS PERMISSIBLE BY WAY OF EXTRATERRITORIALITY IN THE

GRANT OF POWER TO A COLONIAL LEGISLATURE TO LEGISLATE FOR PEACE,

ORDER AND GOOD GOVERNMENT OR OF DEFINING WHAT IS IMPERMISSIBLE.

1

CONFIDENTIAL

1