TNAG-1663-FCO40-2312-Hong-Kong-localisation-of-civil-aviation-legislation-1987 — Page 65

CONFIDENTIAL

FM HONG KONG

CONFIDENTIAL

HKC 180

RECEIVED IN REGISTRY

2 5 NOV 1987

TO PRIORITY FCO

DESK OFFICER

TELNO 4436

INDEX

PA

REGISTRY

Action Taken

OF 240445Z NOVEMBER 87

72

167222

76

MDLIAN 1561

YOUR TELNO 2931: DRAFT AIR NAVIGATION COVERSEAS TERRITORIES) ORDER

THE COLLATION OF COMMENTS HAS TAKEN A BIT LONGER THAN EXPECTED

AND UNFORTUNATELY WE HAVE MISSED YOUR DEADLINE. WE HAVE BEEN

REVIEWING THE PROPOSED APPLICATION OF THE NEW ORDER TO HONG KONG

AGAINST THE BACKGROUND OF THE PROCEDURES AND PRINCIPLES FOR

CONSULTATION ON LOCALISATION OF LAW AS AGREED WITH THE CHINESE AT

JLG VIII.

2.

CERTAIN ARTICLES OF THE NEW ORDER (E.G. ARTICLES 4(18) AND

44) WOULD APPEAR TO PLACE TIGHTER CONTROL ON HONG KONG THAN UNDER

THE PRESENT ORDER. WHEN THE TIME COMES TO LOCALISE THESE PROVISIONS

WE CAN FORESEE THAT IT WOULD BE DIFFICULT TO EXPLAIN TO THE CHINESE

SIDE WHY WE INTEND TO MAKE A LOCAL ENACTMENT WITHOUT SUCH CONTROL

ONLY A FEW MONTHS AFTER THE NEW ORDER HAD BEEN MADE. THIS WOULD COMPLICATE AN ALREADY DIFFICULT TASK.

3. ON THE OTHER HAND, WE CONSIDER IT IMPORTANT FROM THE POINT OF

VIEW OF OPERATIONAL SAFETY FOR OUR LEGISLATION IN THIS FIELD TO BE

BROUGHT UP TO DATE AS QUICKLY AS POSSIBLE. FOR EXAMPLE, THE EXISTING AIRWORTHINESS REQUIREMENTS WERE REVISED IN 1983 AND IT IS

BECOMING INCREASINGLY DIFFICULT TO ADHERE TO THESE UNDER THE PRESENT ORDER. A MORE SPECIFIC EXAMPLE IS THE ABSENCE IN THE PRESENT ORDER OF INSTRUMENT RATINGS FOR HELICOPTER OPERATIONS, WHICH IS CAUSING INCREASING PROBLEMS.

4.

TWO

WE ARE THEREFORE ON THE HORNS OF A DILEMMA. THERE SEEM TO BE

POSSIBLE WAYS OF RESOLVING THIS:

(A) BY APPLYING TO HONG KONG ONLY THOSE ARTICLES OF THE NEW

ORDER WHICH ARE ESSENTIAL FOR THE REASONS GIVEN IN PARA 3 ABOVE,

AND KEEPING THE EQUIVALENT REMAINING PROVISIONS OF THE PRESENT

ORDER IN PLACE.

(B) BY MAKING A SEPARATE ORDER FOR HONG KONG AMENDING THE PRESENT ORDER SO AS NOT TO PREJUDICE THE EVENTUAL LOCALISATION OF THE PROVISIONS REFERRED TO IN PARA 2 ABOVE.

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CONFIDENTIAL