TNAG-2109-FCO40-3008-Outer-Space-Act-1986-extension-to-Hong-Kong-1990 — Page 360

CONFIDENTIAL

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027433 MDLOAN 7454

CLIST

CONFIDENTIAL

FM FCO

TO PRIORITY HONG KONG TELNO 497

OF 05093OZ MARCH 90

HKC0319

RECEIV IN REGISTRY

- 6 MAR 1990

DFSK O-

TUENTION IN

REGISTRY

INFO PRIORITY PEKING, UKREP JLG HONG KONG

29

YOUR TELNO 727: OUTER SPACE ACT 1986

1.

Action

BNSC ARE CURRENTLY ASSESSING INFORMATION SUPPLIED BY ASIASAT BUT AWAIT A FORMAL SIGNED LICENCE APPLICATION. THIS IS EXPECTED SOON. ONCE RECEIVED THEY HOPE TO MOVE QUICKLY TO FINALISING MATTERS OF DETAIL WITH ASIASAT. A DRAFT LICENCE WILL BE PRODUCED THEN AND COPIED TO YOU FOR INFORMATION. TO WHICH UNCLASSIFIED FAX NUMBER SHOULD THE DRAFT BE SENT QUERY. FOR FUTURE REFERENCE THE BNSC FAX NUMBER IS 01-821 5387

2 UNDER UK LICENSING ARRANGEMENTS A LICENCE APPLICATION MUST BE ACCOMPANIED BY A FEE OF POUNDS 1,000 AT THE TIME OF SUBMISSION. BNSC SUGGESTED TO ASIASAT THAT THEY MAKE THIS PAYABLE DIRECT TO BNSC SO AS TO AVOID THE NEED TO SET UP SPECIAL ACCOUNTING ARRANGEMENTS WITH YOU OR DELAY SUBMITTING THE APPLICATION. HOWEVER, LEGAL ADVICE JUST RECEIVED INDICATES THAT THIS WILL BE ULTRA VIRES, AS THE ACT WILL NOT BE EXTENDED TO HONG KONG UNTIL MID MARCH AND THE POWER TO SET FEES WILL BE VESTED IN THE GOVERNOR. THE DETAILED INSTRUCTIONS ATTACHED TO YOUR DRAFT LOCAL LEGISLATION (SECTIONS 9 AND 10) INDICATE YOU ARE AWARE THAT A FEE REGULATION IS NECESSARY BUT YOU WILL WISH TO CONSIDER URGENTLY THE NEED FOR A LOCAL REGULATION ONCE THE ORDER IN COUNCIL HAS BEEN MADE THIS WOULD STATE WHAT FEE IS PAYABLE AND WHEN (PRESUMABLY UPON GRANT OF LICENCE IF A FEE IS TO BE COLLECTED FROM ASIASAT). CONCERNING PAYMENT OF THE FEE TO BNSC, THEY HAVE CONCLUDED THAT NO FEE WILL BE LEVIED IN THIS PARTICULAR CASE. THIS IS OF COURSE WITHOUT

PREJUDICE TO ANY FUTURE COOPERATION BETWEEN BNSC AND HONG KONG. THE CHEQUE FOR POUNDS 1,000 WILL BE RETURNED TO ASIASAT IN DUE COURSE.

3. CONCERNING THE VISIT OF A TEAM TO THE UK, BNSC ARE ALREADY WELL ADVANCED IN DISCUSSIONS WITH ASIASAT REPRESENTATIVES HERE. THERE IS LITTLE TIME LEFT BEFORE THE LAUNCH AND WE NEED TO CONCENTRATE OUR EFFORTS ON FINALISING OUTSTANDING ISSUES. THUS LITTLE TIME REMAINS FOR DETAILING THE LICENSING PROCEDURES AND GUIDING POLICIES. BNSC CONSIDER IT PREFERABLE TO DISCUSS THE SETTING UP OF THE LICENSING REGIME IN HONG KONG TOWARDS THE END OF MARCH. 4. CONCERNING CONDITION III OF TELNO 446, THERE APPEARS TO BE

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