TNAG-2109-FCO40-3008-Outer-Space-Act-1986-extension-to-Hong-Kong-1990 — Page 246

CONFIDENTIAL

copied

no

My Chamberan Mr Muke

Mrs Darvell MH

071625

MDHIAN 1622

59

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 940

OF 16095OZ MARCH 90

INFO ROUTINE PEKING

গ

HKC0319

07

RECEED 1 RECISTRY

28 MAR 1990

IMS Hancock to tik.

To

Mr Mine ha)

faxed comments

reply in consultation

вилья.

with BNJC.

YRTELNO 532: OUTER SPACE ACT 1986

V

1 THANK YOU FOR FAXING US A COPY OF THE DRAFT LICENCE FOR ASIASAT.

WE ARE SENDING OUR DETAILED COMMENTS SEPARATELY BY FAX TO BOTH YOU AND BNSC. THEY SHOULD BE READ IN CONJUNCTION WITH THIS TELEGRAM, WHICH EXPLAINS THE THINKING BEHIND THE MORE SUBSTANTIAL COMMENTS.

2. FIRST, IN COMMENTING ON THE DRAFT WE HAVE BEEN AT PAINS TO SMOOTH THE WAY, WITHIN REASONABLE LIMITS, FOR THE EVENTUAL LOCALISATION OF THE OUTER SPACE ACT. HENCE, WE HAVE PROPOSED THE INCLUSION OF THE GOVERNOR OR HONG KONG GOVERNMENT AT SEVERAL

POINTS. WHERE THERE SEEMS TO BE ROOM FOR CHOICE BETWEEN MENTIONING THE GOVERNOR OR THE SECRETARY OF STATE, WE NATURALLY OPT FOR THE FORMER, FOR EXAMPLE IN CONDITION 8.1.

3. SECOND, THERE ARE CERTAIN DIFFERENCES WITH RESPECT TO THE DELEGATION OF POWER BY THE GOVERNOR, AS COMPARED TO DELEGATION BY A SECRETARY OF STATE, WHICH CREATE SOME MINOR PROBLEMS. IN PARTICULAR, THE COVERING FIRST PAGE OF THE LICENCE PROVIDES FOR SIGNATURE FOR AND ON BEHALF OF THE GOVERNOR'. HOWEVER, THE ORDER IN COUNCIL APPLYING THE OUTER SPACE ACT 1986 TO HONG KONG DOES NOT EXPRESSLY EMPOWER THE GOVERNOR TO DELEGATE HIS POWER TO GRANT A LICENCE. WE SUGGEST THE FORMULATION 'FOR AND ON THE INSTRUCTION OF THE GOVERNOR' (ITEM (A) IN THE SCHEDULE OF DETAILED COMMENTS REFERS). WE HAVE IN MIND ISSUING AN EXPRESS WRITTEN INSTRUCTION

FROM THE GOVERNOR TO THE PERSON AUTHORISED TO SIGN FOLLOWING A

DECISION TO GRANT THE LICENCE BEING TAKEN BY THE GOVERNOR.

4.

ALTERNATIVELY, THE GOVERNOR COULD SIGN THE LICENCE PERSONALLY. HOWEVER, AS THE ACTUAL DOCUMENT AND THE GOVERNOR MAY NOT BE IN THE SAME PLACE WHEN IT NEEDS TO BE SIGNED AND TIME WILL BE PRESSING, THE WRITTEN INSTRUCTION APPROACH APPEARS TO BE MORE PRUDENT.

5. IN THE BODY OF THE LICENCE, THE GOVERNOR IS GIVEN POWERS IN RELATION TO A VARIETY OF MATTERS. FOR EXAMPLE, CONDITION 3 EMPOWERS THE GOVERNOR TO INSPECT THE LICENSEE'S FACILITIES. IN PRACTICE, THE

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CONFIDENTIAL