TNAG-1517-FCO40-2078-Future-of-Hong-Kong-localisation-of-civil-aviation-legislati-1986 — Page 31

CONFIDENTIAL

27

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нек

180/2

Tel sant

FROM:

Paul Fifoot

1/7/8611

DATE:

27 June 1986

985 ՈՐ Շ

HONG KONG LEGISLATIVE POWERS ORDER 1986 (2A

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1.

Thank you for your minute of 26 June and Mr Heady's tele- letter. The drafting points have been taken care of and I have the following comments on the more substantial points:-

or to make laws

relating to extradition

(C) It was deliberately intended to make the

wording general to avoid itemising the various aspects and thus running into the danger of omitting a particular topic. You can therefore confirm that it is intended that the general heads should be liberally construed. But to use the well-known expression of Queen Elizabeth I to her legislators, "Liberty you have but not licence". The Order gives Hong Kong the necessary powers in the areas specified; it does not give them 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. As an 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 does not mean that this Order will confer the rele-

with extraterritorial offect.

vant]powers on Hong Kong in relation]to amend uk law relating to

extradition. This should be made clear

to the Hong Kong Government.

CONFIDENTIAL

/(D)