TNAG-1517-FCO40-2078-Future-of-Hong-Kong-localisation-of-civil-aviation-legislati-1986 — Page 35

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CONFIDENT HAL

TT FCOLN

TT ALLOT

FM HOKON TO FCOLN

17035OZ JUN

GRS 380

CONFIDENTIAL

FM HONG KONG

TO TELETTER FCO

TELETTER NER

OF 17035OZ JUNE 86

#INFO TELETTER DTP

ING

ник 180/2

2 JUL 1986

24

2/17

C

FROM: P J HEADY

FOLLOWING FOR A F BEDFORD, HKD, FCO

COPHED TO : GN LORD, DTP MAD.

PLEASE REFER TO YOUR LETTER (HK2 ALN) OF 30 MAY TO GAVIN LORD

(DTP) ON LOCALISATION OF LEGILSATION IN HONG KONG.

2. WE PUT FORWARD FOR YOUR CONSIDERATION THE FOLLOWING COMMENTS

ON THE DRAFT ORDER

(A) FIRST LINE ART 2: DELETE **HAND*** SINCE ART WIN OF LETTERS

PATENT REFERS TO **BY AND WITH THE ADVICE AND CONSENT OF THE

LEGISLATIVE COUNCIL',

(B) SECOND LINE ART 2 TO BE BROUGHT OUT TO THE MARGIN. AS T STANDS AT PRESENT THIS LINE APPEARS TO RELATE (#1)-(MR) TO (B)

ONLY AND NOT TO (A).

It is intuited

-alust "Nder

(C) WE WELCOME THE GENERAL WORDING OF 'CHAIL AVIATION'' AND ''MERCHANT SHIPPING'', ON THE UNDERSTANDING THAT ALL POSSIBLE

ASPECTS OF BOTH ARE COVERED INCLUDING FOR E.G. CARRIAGE BY AIR

THE CASE OF CIVIL AVIATION, AND CARRIAGE OF GOODS AND PASSENGERS BY SEA, POLLUTION BY OIL AND OTHER SUBSTANCES IN THE CASE OF

MERCHANT SHIPPING. THERE IS A DISTINCT ADVANTAGE ## NOT INTEMISING ALL ASPECTS BECAUSE OF THE DANGER OF OMITTING, BY OVERSIGHT, A SPECIFIC TOPIC.

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(D) WE ARE NOT CLEAR HOW THE ORDER MAY AFFECT CERTAIN EXISTING LEGISLATION MADE IN HONG KONG, E.G. THE MERCHANT SHIPPING (SAFETY) ORDINANCE WHICH PURPORTS TO PROVIDE FOR REGULATIONS TO BE MADE WITH EXTRA TERRITORIAL EFFECT. IT SEEMS DOUBTFUL THAT THE ORDER COULD APPLY TO EXISTING LEGISLATION MADE (FN HONG KONG, BECAUSE/ THE HONG KONG ACT 1985 DOES NOT PROVIDE POWERS TO LEGISLATE WITH

RETROSPECTIVE EFFECT.

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Avmutin

molly dif with butt Key

mir

921.10

86

(E) YOU MAY WISH TO CONSIDER THE ADDITION OF A PROVISION TO THE

EFFECT THAT THE POWERS CONFERRED BY THE ORDER ARE IN ADDITION TO

AND DO NOT DEROGATE FROM THE POWERS OF THE HONG KONG LEGISLATURE

TO MAKE LAWS FOR THE PEACE, ORDER AND GOOD GOVERNMENT OF HONG KONG.

3. WE HAVE NO COMMENTS ON THE EXPLANATORY NOTE FOR THE JCSM.

SIGNED.....P J HEADY

YYYY

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