TNAG-2831-FCO40-4084-Aviation-security-in-Hong-Kong-1993 — Page 4

ware that piracy, as defined in the Convention, extends to aircraft

as well as ships. The British side proposes that the localising

Bill should provide for a definition of piracy along the lines of

the abovementioned Convention.

8.

Under the 1967 Act as applied to Hong Kong by the 1968

Order regulations may be made either by the Board of Trade in the

United Kingdom or by the Governor of Hong Kong designating

authorities and persons who may certify documents for admission in

evidence in court. The British side proposes that the provision

relating to the Board of Trade should be omitted from the localising

Bill as it is no longer required and has been omitted from the 1982

Act referred to in para. 6 above. If regulations relating to the

certifying of documents are needed, they can be made by the Governor.

9.

The British side also proposes that a requirement in the

1967 Act as applied to Hong Kong for the Governor to obtain the

approval of the Secretary of State before making an order applying

provisions of the 1967 act to military aircraft (to which the Act

would not otherwise apply) should be omitted from the localising

Bill. This is because such approval would be sought as a matter of

course and there is no need to make express provision for it here,

any more than in several other similar provisions in Hong Kong

legislation.

Similarly, the British side proposes to omit a

reference to a certificate from the Secretary of State as to whether

an aircraft is a military aircraft, leaving the Governor to so

certify.