Response of Air Ministry: The Regulations proposed by the China Command are put forward with a view to the prevention of espionage. The possibilities of commercial aviation from this aspect were discussed with the War Office, Admiralty and Ministry of Munitions last year, when the War Office agreed with our view that more accurate information was obtainable by other means and that the amount of information resulting from aerial espionage was not such as would justify the elaborate organisation necessary to discover and prevent such action. The Ministry of Munitions concurred in this view, though they laid stress on the separate question of danger involved in flying over explosive factories. The Admiralty concurred in so far as complete prohibition over certain areas was concerned but desired a partial prohibition – flying not permitted below 6000 ft – over a limited number of areas. Prevention of such an offence is not practicable, but proof of a clear case is simple if the machine has been identified with the naked eye – the registration marks on existing types of aircraft not being so legible above about 4500 ft. When the configuration of the land at Hong Kong is considered, it may be seen that by the establishment of certain observation posts, proof of flying above 150 ft on the Northern side of the island could readily be obtained. SCHEDULE Proposed Heads of Regulations for the Governing of the Movement of Aircraft within the Colony of Hong Kong. 1. OBJECT. To prevent observation or photography of Defences. 2. Certain areas will be termed prohibited areas (aircraft). Flying over these areas is prohibited. 3. Two boundary lines, Yellow and Red, are given. Aircraft shall not be at a height greater than 2,000 feet above sea-level within the Yellow boundary line. Aircraft shall not be at a height greater than 150 feet above sea level within the Red boundary line. 4. Should such aircraft be found to have infringed these regulations, the penalty shall be ............. The onus of proof shall lie with the aircraft.
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