TNAG-2109-FCO40-3008-Outer-Space-Act-1986-extension-to-Hong-Kong-1990 — Page 379

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21 FCD 1990

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Ms Ma

Major,

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fm 10/3

EXTENSION TO HONG KONG OF THE OUTER SPACE ACT 1986

I attach a draft of an Order extending the Outer Space Act 1986 to Hong Kong.

1.

2. You will note that I have proposed making the Order using the powers under Sections 2(3) and 15 (6). This is because it is intended that Hong Kong companies should obtain a licence from the Secretary of State under the 1986 Act as it has effect in the United Kingdom (see Article 4(2) of the draft Order). Accordingly, it is necessary not only to extend the relevant provisions of the Act to Hong Kong as part of the law of Hong Kong, but also to apply the Act to Hong Kong companies under Section 2(3) so as to give the necessary power to the Secretary of State to issue licences under the Act to Hong Kong companies.

3.

You will see that I have not extended to Hong Kong Sections 4, 5 and 6 of the Act. This is because these provisions are ancillary to the issue of the licence under the Act as it applies to the United Kingdom and it does not appear necessary for them to be extended to Hong Kong as part of the law of Hong Kong. On the other hand, Section 3 which imposes an obligation to obtain a licence does need to form part of the law of Hong Kong. Similarly, the power of the Secretary of State to make regulations under Section 11 of the Act does not appear to require extension to Hong Kong. However, you will note that I have amended Section 12(1)(f) so as to ensure that a failure to comply with any regulations made under Section 1l is an offence in Hong Kong.

4.

In Section 8, I have given the Governor rather than the Secretary of State the power to give directions and the Hong Kong Attorney-General is given power to enforce such directions by means of an injunction. I would, however, be grateful for any observations which Hong Kong may have on this point.

5. I have also given the Governor responsibility for maintaining a register of space objects. It will, of course, still be for the United Kingdom to notify details of the registration to the UN and the Hong Kong register will be regarded as part of the UK register for these purposes. I see nothing in the Registration Convention which would prohibit a State from sub-dividing its register of space objects in this way. Presumable a separate Hong Kong registry could then be transferred more easily to the Chinese after 1997.