TNAG-1663-FCO40-2312-Hong-Kong-localisation-of-civil-aviation-legislation-1987 — Page 60

CONFIDENTIAL

HKC 180

180/1

RECEIVED IN REGISTRY

2 5 NOV 1987

177

167523

MDLIAN 1607

CONFIDENTIAL

FM HONG KONG TO PRIORITY

TELNO 4437

F CO

DESK OFFICER

INDEX

PA

OF 24041OZ NOVEMBER 87

REGISTRY

Action Takon

MIPT: DRAFT AIR NAVIGATION COVERSEAS TERRITORIES) ORDER

1.

ARTICLE 4(18)

THE CAA AND THE REGISTER

THE EQUIVALENT ARTICLE IN THE PRESENT ORDER REQUIRES THE GOVERNOR TO ADVISE THE CAA OF ALL REGISTRATIONS AND CHANGES TO THE AIRCRAFT REGISTER. THE NEW VERSION REQUIRES THE GOVERNOR TO ADVISE THE CAA OF THESE AT SUCH TIMES AND IN SUCH A MANNER AS MAY FROM TIME TO TIME BE DIRECTED BY THE CAA. WE THINK IT ODD FOR A STATUTORY AUTHORITY SUCH AS THE CAA TO HAVE THE POWER TO SO DIRECT A GOVERNOR OF A DEPENDENT TERRITORY AND THE QUEEN'S REPRESENTATIVE THERE. ALTHOUGH IN PRACTICAL TERMS, WE WOULD HAVE NO PROBLEM WITH THIS, IT WOULD CAUSE U PROBLEMS FOR THE REASON GIVEN IN PARA 2 OF MIPT.

2. ARTICLE 44(1)

·

.

-

DANGEROUS GOODS

IN FACT THE

DATE. IT IS

THE PROVISO DOES NOT PERMIT THE GOVERNOR TO AMEND REGULATION 2 OF SCHEDULE 15 WHICH CONTAINS THE DEFINITION OF TECHNICAL INSTRUCTIONS'' THIS WILL NEED ANNUAL AMENDMENT. DEFINITION AS CURRENTLY DRAFTED IS ALREADY OUT OF ESSENTIAL THAT THE RESPONSIBILITY FOR REGULAR AMENDMENT OF THIS DEFINITION BE CLARIFIED. SEE ALSO PARA 2 OF MIPT.

3

ARTICLE 83

-

CARRIAGE BY AIRCRAFT REGISTERED OUTSIDE THE

✔ TERRITORY

THIS WOULD APPEAR TO CONFLICT WITH OUR AIR TRANSPORT (LICENSING OF AIR SERVICES) REGULATIONS (AT(LAS)RS) BECAUSE:

(A)

REG. 3(1)(A) OF AT(LAS) RS PROHIBITS OPERATORS OF INTER ALIA UK REGISTERED AIRCRAFT FROM OPERATING AIR SERVICES IN HONG KONG WITHOUT AN OPERATING PERMIT.

(B)

REG. 20(A) OF LAT(LAS)RS PROVIDES FOR DCA TO GRANT SUCH OPERATING PERMITS.

(C)

IN GRANTING SUCH OPERATING PERMITS, DCA MUST HAVE REGARD

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