TNAG-2894-FCO40-4167-Hong-Kong-localisation-of-laws-carriage-of-goods-by-air-1994 — Page 4

international rights and obligations affecting Hong Kong which arise out of the Warsaw Convention, the Hague Protocol and the Guadalajara Convention. Meanwhile, it is appropriate that the two Conventions

and the Protocol should be implemented in Hong Kong's domestic law by legislation which can continue to be in force after 30 June 1997.

Proposal

10.

The British side proposes to introduce a Bill to localise those provisions of the 1961 Act and of the 1962 Act which were applied to Hong Kong by the 1967 Overseas Territories Orders mentioned in paras. 6 and 7 above. The Bill, if enacted, will give the force of law in Hong Kong to the Warsaw Convention, to the Warsaw Convention as amended by the Hague Protocol and to the Guadalajara Convention, with additional provisions, as in the existing law, relating to fatal accidents, limits on liability, the time for bringing proceedings and actions against High Contracting Parties. The legislation will have extraterritorial effect in that

it will apply to international carriage by air which, by its nature,

takes place partly outside Hong Kong.

11.

Under the 1967 Overseas Territories Orders powers are

conferred on Her Majesty

(a)

to certify who are the High Contracting Parties to the

Warsaw Convention and to the Warsaw Convention as amended

by the Hague Protocol:

Q CONFIDENTIAL