CONFIDENTIAL
29872 - 1
3.
THE CONSTITUTIONAL ASPECT RELATES MAINLY TO HMG'S
ULTIMATE RESPONSIBILITY FOR HONG KONG'S EXTERNAL AFFAIRS WHICH
WILL LAST UNTIL 30 JUNE 1997. ANY LEGISLATION, WHICH AFFECTS, OR
THE IMPLEMENTATION OF WHICH AFFECTS, EXTERNAL AFFAIRS MAY HAVE
IMPLICATIONS FOR HMG. WE WOULD OBVIOUSLY WISH TO ENSURE THAT ANY
SUCH LEGISLATION IS CONSISTENT WITH THE UK'S INTERNATIONAL
OBLIGATIONS IN THIS RESPECT. ONE COMPLICATING FACTOR WILL BE
THAT UNTIL ASAS ARE UNSCRAMBLED (AND THE WHOLE PROCESS MAY TAKE
US CLOSE TO 1997 BEFORE IT IS COMPLETED) HONG KONG WILL BE
WORKING BOTH WITH ITS OWN ASAS AND WITH OUR EXISTING BILATERAL
ASAS.
4.
IN ORDER TO RECONCILE THE POLICY OF ENSURING HONG KONG
HAS A COMPREHENSIVE STATUTE BOOK IN THIS FIELD AND OUR CONTINUING
RESPONSIBILITY FOR HONG KONG'S INTERNATIONAL OBLIGATIONS, WE
WOULD PROPOSE TO DRAFT A DESPATCH WHICH WOULD DEAL WITH BOTH
CIVIL AVIATION AND SHIPPING. THE PURPOSE OF THE DESPATCH WOULD
BE TO STATE HMG'S CONTINUING RESPONSIBILITY FOR THE EXTERNAL
AFFAIRS OF HONG KONG, AND HONG KONG'S RESPONSIBILITIES IN REGARD
THERETO. WE ENVISAGE IT INCLUDING SIMILAR PROVISIONS TO THAT IN
THE CONFIDENTIAL GATT DESPATCH WITH ADDITIONS REQUIRED BY THE
PARTICULAR NATURE OF THE LEGISLATION.
5.
WE HAVE STILL TO GET AGREEMENT IN PRINCIPLE FROM THE
SHIPPING SIDE OF DTP. SUBJECT TO THAT LEGAL ADVISERS WILL BE
PROVIDING A DRAFT ORDER IN COUNCIL AND A DRAFT DESPATCH FOR YOUR
CONSIDERATION. WE BELIEVE IT WILL BE POSSIBLE TO HAVE THE ORDER
IN PLACE BY JULY 1986. HOWEVER, IN VIEW OF THE CONSIDERABLE
LEGAL AND ADMINISTRATIVE STRAIN THAT CHECKING THE CAB WILL PLACE
ON US, WE WONDER IF THE TIMETABLE IN PARA 7 OF YOUR TELNO 630 IS
REALISTIC.
6.
REF YOUR TELNO 996. THE CAA ARE STILL CONSIDERING YOUR
COMMENTS ON THE AN(OT)0. WE WILL REVERT ASAP.
HOWE
LIMITED
HKD
MAED
FED
LEGAL ADUS)
DR WILSON
2
CONFIDENTIAL
COPIES TO:
1A0/0TP
MISS WHITE, CAA
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