TNAG-2109-FCO40-3008-Outer-Space-Act-1986-extension-to-Hong-Kong-1990 — Page 221

BNSC

63

Ms S Wong

Economic Services Dept Hong Kong

Fax to (852) 868 4679

21 March 1990

Dear Ms Wory,

Asiasat

HKC031

RECENTS

258/015

Рали

23/3

"STRY

28 MAR 1990

DESK OFF

INDLY

EGISTRY

tron Taken

Thank you for your note of (29 March. We have now completed our consideration of the points you raise and a copy of the revised licence is attached. Taking the points raised in your fax and telex of 16 March, we have decided to accept all but the following:

Condition 4.1.2 - We do not think "obligations" is required as well as "rights". The Licensee's specific obligations are contained in Condition 6 and relate to the way the Licensed Activities are conducted by the Licensee. Termination of the Licence at the Licensee's request cannot take effect until the Governor is completely satisfied that both the Licensed Activities have been terminated and the Satellite disposed or otherwise dealt with to his satisfaction. The rights which are preserved are those of the Governor in relation to the conduct of the Licensed Activities during the term of the Licence which under this paragraph will continue in respect of any future disputes or legal proceedings in relation to the Satellite and the Licensed Activities prior to termination. It also, most importantly, preserves the right of indemnity.

Condition 5.1.2 - We would prefer to leave this paragraph as drafted. The addition of the words you suggest interpose the Governor as the person who determines what is required to enable HMG to comply with and to discharge the UK's international obligations. reservations on this.

sk

The FCO Legal Advisor shares our

Condition 6.1.3 Again we would prefer to stick to the original draft, as does the FCO Legal Advisor. In addition, it reflects the permitted condition under Section 5(2)(e)(iii). This has not been amended by the Order in Council and the specific reference in the Act is to the "United Kingdom's international obligations".

Condition 6.4

-

Section 5(2)(b)(ii) only gives the vires for the Governor to require the Licensee to provide this information. By requiring that such information shall be provided in advance of the launch, there is an opportunity for review and, if the information is unsatisfactory, the Governor can either delay the grant of the licence until ABJAEF

BRITISH NATIONAL SPACE CENTRE Millbank Tower Millbank London SW1P 4QU Telex 8811074 ~ Ansaback DTHQG Fax 01-8215387 Telephone (Direct Dialling) 01-211 (Switchboard) 01-211 3000