TNAG-2857-FCO40-4110-Satellite-Licensing-and-Asia-Satellite-Telecommunications-Co-1993 — Page 83

CONFIDENTIAL

HRB 192/1

15421

MDLOAN 338

CONFIDENTIAL

FM FCO

TO PRIORITY HONG KONG

TELNO 13

TOP COPY Q DIST?

م

RB

OF 061115Z JANUARY 92

all this

HAB 192/1

INFO PRIORITY PEKING, UKREP, JLG HONG KONG

Ф

YOUR TELNO 3716 OF 27 NOVEMBER 1991 AND YOUR TELNO 31: ASIASAT: PROPOSAL FOR APPOINTING BRITISH NATIONAL SPACE CENTRE (BNSC) AS CONSULTANTS FOR LICENCING OF ASIASAT 2

1.

DELAY REGRETTED. BNSC HAVE NOW ADVISED US AS FOLLOWS.

A) THE OUTER SPACE ACT 1986 WAS ENACTED TO ENABLE HMG TO MEET ITS COMMITMENTS UNDER THE UN CONVENTIONS AND TO PROTECT ITSELF AGAINST CLAIMS FOR DAMAGES FROM THIRD PARTIES RESULTING FROM PRIVATE SECTOR ACTIVITIES IN SPACE. ALTHOUGH THE ISSUE OF LICENCES HAS BEEN DEVOLVED UPON THE GOVERNOR, HMG REMAIN LIABLE UNDER THE INTERNATIONAL CONVENTIONS, AND IT IS BNSC'S RESPONSIBILITY TO PROVIDE THE GOVERNOR WITH SUCH ASSISTANCE IS NECESSARY TO ENABLE BNSC TO DISCHARGE THIS FUNCTION TO HMG SATISFACTION.

B) THERE IS NO INTERNATIONAL REQUIREMENT TO OPERATE THIS PARTICULAR TYPE OF LICENSING REGIME. IT IS A UK SOLUTION AND, SO FAR AS INGLIS (BNSC) IS AWARE, IT IS UNIQUE. THE US OPERATES A LICENSING SYSTEM LIMITED TO THE LAUNCH OF SATELLITES. BUT NO COUNTRY APART FROM THE UK APPEARS TO LICENSE THE OPERATION OF SATELLITES IN SPACE OR OTHER ACTIVITIES UNRELATED TO THE LAUNCH. CONSEQUENTLY, THE LEGISLATIVE BASIS FOR THE PRESENT HONG KONG LICENSING REGIME WILL TERMINATE IN 1997 AND A NEW REGIME WOULD ONLY BE NECESSARY IF THE CHINESE GOVERNMENT DECIDED TO ADOPT A SIMILAR SOLUTION AND ENACT SUCH LEGISLATION AS MAY BE NECESSARY TO PUT THIS INTO EFFECT. IF IT DOES, IT MUST INEVITABLY BE CONCERNED WITH THE LICENSING POLICY, THE AIM OF WHICH WOULD BE TO SAFEGUARD ITS POSITION UNDER INTERNATIONAL LAW.

2.

WHILE WE UNDERSTAND YOUR WISH TO INCREASE HONG KONG'S AUTONOMY ON THIS MATTER, THE POSITION OUTLINED ABOVE SUGGESTS THIS IS NOT POSSIBLE, AT LEAST NOT ALONG THE LINES YOU PROPOSE. AN APPROACH TO THE CHINESE WOULD BE UNLIKELY TO PRODUCE ANYTHING. CAN YOU SEE OTHER WAYS OF KEEPING THE LICENSING REGIME IN HONG KONG'S HANDS?