TNAG-2109-FCO40-3008-Outer-Space-Act-1986-extension-to-Hong-Kong-1990 — Page 400

CONFIDENTIAL

10

077374 MDHOAN 2278

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 284

OF 01153OZ FEBRUARY 90

HKC031/9

RECEIVED IN REGISTR

- 8 FEB 1990

DESK OFFICER

INDEX

PA

INFO IMMEDIATE UKREP JLG HONG KONG PEKING

7

Lac Mr

Mr Milne BNSC

TOP COPY DIST

P

REGISTRY

Action Taken

MY TELNO 113 AND YOUR TELNO 182: OUTER SPACE ACT 1986

1.

WE HAVE BEEN GIVING FURTHER THOUGHT (WITH BNSC AND LEGAL ADVISERS) ON THE WAY FORWARD. ESSENTIALLY WE ARE TALKING ABOUT THE DISCHARGE OF EXISTING UK OBLIGATIONS UNDER UNITED NATIONS CONVENTIONS ON SPACE ACTIVITIES BY A CONSORTIUM INCORPORATED IN HONG KONG. OUR EXPECTATION IS THAT THE UK OBLIGATIONS IN RESPECT OF HONG KONG WOULD PASS TO CHINA AFTER 1997. WHETHER LOCAL LEGISLATION OR EXTENSION OF THE ACT IS ADOPTED TO DISCHARGE THESE OBLIGATIONS IN HONG KONG BEFORE 1997, THERE IS A CLEAR CASE FOR PRIOR CONSULTATION WITH THE CHINESE UNDER THE IRO GUIDELINES (FCO TELNO 2801 TO HONG KONG OF 5 DECEMBER 1986 CONTAINS THESES).

2.

WE MUST ENSURE THAT THE RELEVANT LEGISLATIVE AND LICENSING ARRANGEMENTS ARE IN PLACE IN HONG KONG IN ONE FORM OR OTHER BY THE LAUNCH DATE. WE THEREFORE PROPOSE THAT YOU SHOULD URGENTLY PREPARE A PAPER TO BE HANDED TO THE CHINESE THROUGH UKREP JLG, ASKING FOR THEIR AGREEMENT IN PRINCIPLE AND MAKING CLEAR THE NEED FOR A REPLY WELL WITHIN THE SET PERIOD OF 40 DAYS. SPECIFIC MEASURES FOR THE CONTINUED APPLICATION AFTER 1997 CAN, AS IS USUAL, BE DISCUSSED AT A LATER DATE. THERE SHOULD BE NO DIFFICULTY IN GETTING CHINESE AGREEMENT IN PRINCIPLE AS THE LAUNCHER IS CHINESE AND CHINA HAS ACCEDED TO ALL FOUR UN CONVENTIONS CONCERNED (WOOD'S TELELETTER TO YING OF 3 AUGUST 1989). BUT WE MUST ENSURE WE GO THROUGH THE PROPER PROCEDURES UNDER OUR AGREED GUIDELINES. IN THE CURRENT CLIMATE WE DO NOT WANT TO GIVE THE CHINESE FURTHER CAUSE FOR SUSPICION ABOUT OUR WILLINGNESS TO CONSULT THEM ON ISSUES OF MUTUAL CONCERN.

3=

CONCERNING THE METHOD BY WHICH WE DISCHARGE THE UK OBLIGATION IN HONG KONG, THE DIFFICULTY IS PRIMARILY THE TIMESCALE. IF THE CHINESE GIVE AGREEMENT IN PRINCIPLE, IT WILL BE NECESSARY FOR BNSC AND LEGAL ADVISERS TO UNDERTAKE CERTAIN ACTIONS QUICKLY DEPENDENT ON WHICH LEGISLATIVE PROCEDURE WE ADOPT.

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