Mr Smith HKD
HKC 180/1
RECEIVED IN REGISTRY
27 NOV 1987
80
FROM:
Paul Fifoot
DATE:
6 November 1987
SEε171 58
DESK OFFICER
INDEX
PA
REGISTRY Action
Potter
to DTP.
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"/"
HONG KONG:
PROPOSED AMENDMENT TO THE CIVIL AVIATION ACT 1982
1. I have looked further into this matter and I think that the Draft Department of Transport Order can be defended as being expedient in connection with the cessation of British sovereignty over Hong Kong. The problem is essentially one of presentation and the justification of the Order cannot be deduced or inferred from either the text of the draft Order or the explanatory note. I should say straightaway that the same criticism can be made of my own Hong Kong (Legislative Powers) Order 1986.
2.
79
يه
87
It would be desirable if, at least 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 pro- cess was undertaken in connection with the cessation of British sovereignty. If that is not feasible in the circumstances, it might be suggested to the Department of Transport that it would be prudent to make such an explanation in the memorandum they will provide for the Privy Council and any memorandum which they think appropriate for the Joint Committee on Statutory Instruments.
3.
The other issue is the title of the Order which is not parti- cularly informative; compare the Legislative Powers Order 1987 and the British Nationality Order 1986. Would you suggest to the Department of Transport that their Order is entitled "The Hong Kong (Civil Aviation Act 1982) Order 1987." As primarily respon- sible for the Hong Kong Act I think that we have the necessary locus standi to attempt to achieve some form of consistency in the formal parts of Orders under the Act.
Paul Fifoot
Legal Advisers
No comments yet.
Private notes are available after approval.