TNAG-2533-FCO40-3703-Application-of-Aviation-and-Maritime-Security-Act-1990-to-Ho-1992 — Page 3

November 1992

Dr P H Hase, Security Branch,

Government Secretariat,

Hong Kong.

THE AVIATION AND MARITIME SECURITY ACT 1990: HONG KONG

Thank you for your letter of 18 November following up our meeting on 28 October.

During our meeting you mentioned that there had been a difference of opinion among the legal advisers to the Hong Kong Government regarding the method of implementation of the 1990 Act. Two alternatives canvassed: direct enactment in Hong Kong law or making an Order in Council followed by localisation in Hong Kong. You stated that the latter opinion had prevailed but were unable to give the reasoning at that time.

Dr Young who attended the meeting undertook to seek advice from his senior colleagues who had had experience of advising the Hong Kong Government in situ. That advice is that there is no constitutional requirement for the Order in Council route; Hong Kong may enact legislation forthwith. Furthermore, in view of the proximity to the termination of the lease there is no longer a logical reason to follow the Order in Council route which merely involves legislative duplication.

local

In these circumstances I suggest that the Hong Kong authorities draft their own implementing legislation with respect to the 1990 Act. We will proceed with the consultation process on the original draft consolidating Order to apply article 1 of the 1990 Act and relevant parts of the Aviation Security Act 1982 to the other dependent territories. It would assist us with drafting the revocation clause of the Order if we could be informed as soon as your authorities have localised the Orders in Council implementing the Hague and Montreal Conventions concerning aviation security.

crafting

In parallel we will be prodesking an Order to deal with the extradition issues. At our meeting and as confirmed in your letter the Hong Kong authorities are in the process of localising legislative powers with respect to fugitive offenders. In view of this we

would anticipate excluding Hong Kong from the new aviation security extradition Order for the dependent territories.

J Freeman,

Head · SCD