Mr Marshall HKD
て
From:
Miss S Brooks
Legal Counsellor
Date:
27 August 1993
CC:
Ms Barrett, Assistant
Legal Adviser
LOCALISATION OF LAWS:
1.
CARRIAGE BY AIR
We spoke just now about the draft consultation paper, paragraph 9 which has been amended in order to avoid the suggestion that the British side is pre-empting the Chinese side's agreement to the continued application of these conventions. I think the last sentence of paragraph 9 still carries this implication. I suggest adding to the end of that sentence after "30 June 1997", the words "if agreement is reached with the Chinese side on the continued application of the Conventions and Protocol.".
2. In paragraph 10 it is stated that the Bill would have extraterritorial effect in that it would apply to international carriage by air which, by its nature, takes place partly outside Hong Kong. It is true that the Bill would have extraterritorial effect, but as Hong Kong Government noted, the Hong Kong (Legislative Powers) Order 1986 empowers Legco to make laws having extraterritorial operation if these laws relate to civil aviation. Incidentally, the Hong Kong Legislative Powers Order 1989 also allows Hong Kong to make laws having extraterritorial operation to the extent required in order to give effect to international agreements applying to Hong Kong, or for connected purposes. The 1989 Order powers are equally applicable in this case.
3.
11.
My one concern about this paper is to do with its paragraph It is proposed that in the Bill the powers referred to in paragraph 11 should be conferred on the Governor. These are powers which are conferred on Her Majesty under the 1967 Overseas Territories Orders. They are to certify who are the Contracting Parties to the Warsaw Convention and to the Warsaw Convention as amended by the Hague Protocol, and to exclude from the scope of the amended Convention, military aircraft of specified States or territories. Both these matters relate to foreign affairs. It is for the State party to the Conventions and Protocol to certify who are the parties to those treaties. This will be the UK before 1 July 1997 and the PRC from that date. Furthermore, it does not seem appropriate that Hong Kong should specify which are the States whose aircraft for use for
/military
1.
No comments yet.
Private notes are available after approval.