Reference
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Asiasat SCF in Hong Kong, it is Asiasat which will be operating such facilities for the control of the satellite. Telesat of Canada appears to be operating on a purely consultancy basis. I think it is important to clarify precisely where actual operational control will lie, but, with Asiasat covered by the licensed conditions, my initial view is that the operational input, if any, from other companies or organisations not subject to the UK Act is only significant in terms of ensuring that the insurance arrangements are adequate.
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Condition 3 Under Section 5(2)(a) the Governor has the power of inspection and testing. Any facilities operated on behalf of Asiasat are also covered. Without knowing more precisely what the arrangements are, it is difficult to know how useful this provision might be. It occurs to me that it might apply to the secondary SCF in Thailand but not in areas where SCF was being supplied on a co-operative basis.
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Condition 4 - As under Section 8(2) it is the Governor who may give directions for the cessation of activities or disposal of the satellite, it seems appropriate that it should be the Governor who has to be satisfied under this condition.
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Condition 5
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The power to obtain copy documents is vested in the Governor and, therefore, the confidentiality is between Asiasat and the Governor. This has led to the exceptions being amended and, in particular, to an expansion of the exception in Condition 5.1.2. It seemed to me prudent to make quite clear, as I have attempted to do in Condition 5.2, the extent of the disclosure exception in Condition 5.1.2. Under the 1967 Treaty the UK is required, by Article 6, to maintain continuing supervision of the activities of the non-Governmental entities in outer space for which it is responsible. Basically the monitoring is done on behalf of the UK by the Governor, but it is essential, in my view, to extend the disclosure exception to put it beyond doubt that all relevant documents can be disclosed to the UK authorities.
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Condition 6 In accordance with the modification to Section 5(2)(e)(iv) I have added the words "or the security of Hong Kong) in Condition 6.1.4. As with the Surrey Licences I have deleted the proviso at the end which I believe was added on the insistence of BSB.
You may
I have related the requirement to keep records in Condition 6.3 to the Condition 2.3 Licensed Activity. want to consider this and indeed Hong Kong may also have a view. The launch documents will be included so the only other possibility which might not be covered is if the Condition 2.3 activity ceased, but there had been an authorisation of some other activity under Condition 2.4. This does not appear to me to be very realistic but you may wish to think about it.
Whilst the requirements in Condition 6.4 have already been met by the information supplied in the Application Form, if this requirement is to be maintained the information has to be
CODE 18-77
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