TNAG-1663-FCO40-2312-Hong-Kong-localisation-of-civil-aviation-legislation-1987 — Page 49

MR. SMITH

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Foreign and Commonwealth Office

London SW1A 2AH

FARAEM

Miss Elhot

Pl speak

a

Telephone 01-

270 2655

speak when

you chame to read these pps.

"/11

have had

Mrs Susan Rooke

I AD

Department of Transport

56/17

2 Marsham Street

London SW1P 3EB

Dear Susan,

Your reference

Our reference

Date

10 November 1987

HONG KONG: AMENDMENT OF THE CIVIL AVIATION ACT 1982

1.

Further to our phone conversation of 9 November, I can now confirm our views on the questions in your letter of 12 October and 4 November.

2.

To take the legal issues first. On reflection, our doubts about the vires of your draft Order can be laid to rest: we are satisfied that it can be defended as being expedient in connection with the cessation of British sovereignty over Hong Kong and so can be made under paragraph 3(2) of the schedule to the Hong Kong Act. The difficulty we saw was essentially one of presentation. The justification for the Order cannot be deduced or inferred from either the text or the explanatory note. It would be desirable if the explanatory note gave some indication that the Order was part of a process whereby Hong Kong's civil aviation legislation would become a part of Hong Kong law rather than an applied UK law, and that the localisation process was undertaken in connection with the cessation of British sovereignty. If you judged that was not feasible, an alternative acceptable to us (and, we think, a prudent measure in any case) would be to include such an explanation in the memorandum you will provide for the Privy Council and any memorandum you think appropriate for the Joint Committee on Statutory Instruments. Finally, the title of the Order. For the sake of consistency with the titles of other Orders already made under the Hong Kong Act, might we suggest that your Order be titled "The Hong Kong (Civil Aviation Act 1982) Order 1987"?

3.

The other issue on which you sought our views was the need to keep the Chinese informed. As I explained on the phone we judge that we should inform them in advance of the legislation coming into force. We expect very shortly to begin detailed discussions with the Chinese on aspects of the programme to localise applied UK civil aviation law in Hong Kong. These discussions would provide a convenient opportunity to mention the amendment to the Civil Aviation Act. Until a date for talks is fixed, however, we are agreed, I think, that you should not proceed with the Order. I will let you know as soon as a date has

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