TNAG-2831-FCO40-4084-Aviation-security-in-Hong-Kong-1993 — Page 5

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

10.

The 1967 Act as applied to Hong Kong included powers for

the Board of Trade to specify those Convention countries in which

aircraft operated by joint air transport organisations or

international operating agencies established by two or more

Convention countries should be treated as registered. In the 1982

Act the equivalent power is conferred on the Secretary of State.

The British side proposes that in the localising Bill this power

should be conferred on the Governor.

11.

The localising Ordinance, if enacted, will have

extraterritorial effect in that, as required by the Convention, it

will apply Hong Kong criminal law to acts or omissions on board Hong

Kong registered aircraft wherever they may be.

Fugitive Offenders

12.

As mentioned in para. 3 above, provision to treat offences

committed on board aircraft as having been committed, for the

purposes of extradition, not only in the place in which they

occurred but also in the territory of the State of registration of

the aircraft, was made by the 1971 Extradition Order. As the

Chinese side is aware, the 1971 Extradition Order and all similar

Orders will lapse on 30 June 1997, and discussions have therefore

taken place between the British and Chinese sides on the legal

arrangements for the surrender of fugitive offenders to and from

Hong Kong after that date. A consultation paper on the British

side's proposals for a Surrender of Fugitive Offenders Bill was

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