TNAG-2109-FCO40-3008-Outer-Space-Act-1986-extension-to-Hong-Kong-1990 — Page 396

CONFIDENTIAL

12

114350

MDHIAN 5675

CONFIDENTIAL

FM HONG KONG

HKC031/9

RECEIVED IN REGISTRY

- 8 FEB 1990

TO IMMEDIATE FCO

TELNO 468

DESK OFFICER

OF 0711OOZ FEBRUARY EX

PA

REGISTRY

Action Taken

INFO PRIORITY PEKING, UKREP LG HONG KONG

TOP COPY Q DIST ?

RoR to NH.

RM17/2

YOUR TELNO 284 AND PEKING TELNO 161 : OUTER SPACE ACT 1986

10

11

1. UNDER THE AGREED GUIDELINES, WE ONLY NEED TO CONSULT THE CHINESE IF WE EXTEND NEW IROS TO HK. WE UNDERSTAND HOWEVER THAT THE FOUR UN CONVENTIONS ON OUTER SPACE MATTERS WERE APPLIED TO HK WELL BEFORE THE SIGNING OF THE JD. THEY WERE ON THE ORIGINAL LIST OF TREATIES WHICH WE GAVE TO THE CHINESE ON 24 OCT 85. THEY ARE NOT NEW AGREEMENTS AND THERE IS NO NEED TO CONSULT THE CHINESE UNDER THE GUIDELINES AS SUGGESTED IN PARA 1 OF 1ST TUR.

2. WE WOULD ALSO NEED TO CONSULT THE CHINESE UNDER THE AGREED THREE PRINCIPLES IF WE WERE PROPOSING TO REPLACE UK IMPLEMENTING LEGISLATION, WHICH IS PART OF THE LAW OF HONG KONG, WITH A LOCAL ENACTMENT. BUT WE HAVE NO COMMITMENT TO CONSULT THEM ABOUT ANY OTHER KIND OF IMPLEMENTING LEGISLATION, AND WE WOULD NOT WISH TO TAKE ON THE FORMIDABLE BURDEN OF DOING SO.

3. ON THIS BASIS, WE THEREFORE SEE NO NEED FOR ANY CONSULTATION WITH THE CHINESE.

X

4

·

PARA 4 OF 1ST TUR: IT HAS NOT BEEN OUR PRACTICE TO SUBMIT DRAFT BILL TO YOU FOR APPROVAL. HOWEVER, IN VIEW OF THE COMPLEXITIES AND SPECIAL FEATURES OF THIS LEGISLATION, WE HAVE NO OBJECTION IN THIS PARTICULAR CASE TO SHOWING YOU OUR DRAFT LEGISLATION WHEN IT IS

READY.

5. SINCE IT NOW APPEARS THAT THE LOCAL LEGISLATION WILL UNLIKELY BE IN PLACE BY THE LAUNCHING DATE IN APRIL 1990, WE ARE EXPLORING THE POSSIBILITY OF ENTERING INTO A CONTRACTUAL ARRANGEMENT WITH THE ASIA SATELLITE TELECOMMUNICATIONS COMPANY LIMITED (ASIASAT) WHICH WOULD COVER UK'S INTERNATIONAL OBLIGATIONS IN THE INTERIM PERIOD. WE DISCUSSED THIS INFORMALLY WITH ASIASAT ON 6.2.90. AND THEY RESPONDED POSITIVELY. WE PREFER THIS APPROACH TO THE EXTENSION OF THE UK ACT BECAUSE ASIASAT IS A COMPANY INCORPORATED IN HK AND ITS SATELLITE WILL BE OPERATED AND CONTROLLED FROM HERE. THE PROJECT HAS ASSUMED A HK IDENTITY AND WOULD WISH TO RETAIN CONTROL OVER IT

we

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1

PAGE

CONFIDENTIAL

Nit.

This dancer everything. Reare

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shet telm

specule to Mr Milne

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agreeing to par 3 I answeriy

pan 6.

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