TNAG-2894-FCO40-4167-Hong-Kong-localisation-of-laws-carriage-of-goods-by-air-1994 — Page 54

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MDLIAN 1759

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 1345

OF 180326Z AUGUST 93

AND TO PRIORITY PEKING

INFO PRIORITY UKREP JLG HONG KONG

RECE!

ISTRY

AUG 1993

LOCALISATION OF LAWS CARRIAGE BY AIR

TOP COPY Q DIST?

ра

see

1. WE HAVE PREPARED THE NECESSARY PAPER FOR CONSULTING THE CHINESE SIDE ON THE LOCALISATION OF UK ENACTMENTS ON CARRIAGE BY AIR. WE ARE SENDING THE PAPER BY FAX TO MARSHALL, HKD. GRATEFUL FOR ANY COMMENTS THAT YOU MAY HAVE.

2.

THE LOCALISING BILL AIMS AT LOCALISING THOSE UK ENACTMENTS CURRENTLY APPLYING TO HONG KONG WHICH:

(A) GIVE EFFECT TO THE WARSAW CONVENTION AS AMENDED BY THE HAGUE PROTOCOL:

(B) GIVE EFFECT TO THE GUADALAJARA CONVENTION:

(C)

PRESERVE THE EFFECT OF THE UNAMENDED WARSAW CONVENTION AS BETWEEN HONG KONG AND STATES WHICH ARE NOT PARTIES TO THE HAGUE PROTOCOL: AND

(D) PROVIDE FOR MATTERS RELATING TO CARRIAGE BY AIR NOT GOVERNED BY EITHER THE AMENDED OR UNAMENDED WARSAW CONVENTION AND TO CARRIAGE OF MAIL OR POSTAL PACKAGES.

3. WE ARE SEPARATELY PREPARING PAPERS FOR DISCUSSION IN THE IRO SUB-GROUP IN DUE COURSE OF THE CONTINUED APPLICATION OF THE WARSAW CONVENTION, THE HAGUE PROTOCOL, THE GUADALAJARA CONVENTION AND OTHER CIVIL AVIATION CONVENTIONS.

4. AS THIS LOCALISATION PROPOSAL COVERS THE AREA OF CIVIL AVIATION, IT FALLS WITHIN THE SCOPE OF THE 1986 HONG KONG (LEGISLATIVE POWERS) ORDERS. THE HONG KONG LEGISLATURE IS THEREFORE EMPOWERED TO REPEAL THE ORDERS IN COUNCIL IN QUESTION, AND NO NEW ORDERS UNDER THE 1985 ACT WILL BE REQUIRED.

FORD

1

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