IMMEDIATE
CONFIDENTIAL
CYPHER CAT A
Gps 400
FM FCO 251945Z
CONFIDENTIAL
DESKBY 260130Z
TO IMMEDIATE BANGKOK TELNO 294 OF 25 OCT 77
INFO HONG KONG (GOVERNOR AND BCARFE).
YOUR TELNO 517
UK/THAI AIR SERVICES.
(28)
ра
(30
A
1. THE PROPOSAL IN YOUR PARA 1A IF PUT INTO BINDING FORM,
APPEARS TO BE DESIGNED TO RENDER THE GRANT OF RIGHTS ON THESE
ROUTES AND THE REGULATION OF CAPACITY AND FREQUENCY SUBJECT TO
FURTHER AGREEMENT. SUCH A PROVISION WOULD READ:
2. QUOTE NOTWITHSTANDING ANY PROVISIONS OF THE ASA THE
ESTABLISHMENT OF SERVICES ON THE ROUTES SET OUT IN THE SCHEDULE
AND THE OPERATION OF THE AGREED SERVICES (INCLUDING THE CAPACITY
TO BE PROVIDED) SHALL BE SUBJECT TO AGREEMENT BETWEEN THE TWO
AERO-NAUTICAL AUTHORITIES UNQUOTE.
3. THIS PROPOSAL CREATES TWO MAIN DIFFICULTIES. IT DEPRIVES
CERTAIN OF THE EXISTING PROVISIONS OF THE ASA OF ANY FORCE,
THAT IS PRINCIPALLY THOSE ON THE GRANT OF RIGHTS AND ON
CAPACITY REGULATION. SECOND, AS EXPLAINED ABOVE, IT REPLACES
THOSE PROVISIONS BY WHAT WOULD AT BEST BE AN AGREEMENT TO
AGREE TO GRANT RIGHTS INFORMALLY AT A LATER DATE.
4. HOWEVER, IT IS NOT CLEAR WHETHER THIS IS WHAT IS INTENDED OR WHETHER IT IS INTENDED TO GRANT RIGHTS FOR SPECIFIED ROUTES
WHILE CONTROLLING INCLUSSION OF CERTAIN POINTS AND
PREDETERMINING CAPACITY, IF THE LATTER IS INTENDED IT WILL BE
NECESSARY TO SPECIFY WHAT RIGHTS ARE GRANTED, WHAT POINTS
ON THE ROUTES ARE RESERVED FOR FURTHER AGREEMENT AND THAT, NOTWITHSTANDING THE PROVISIONS OF THE AGREEMENT, CAPACITY SHALL
BE SUBJECT TO THE AGREEMENT OF THE AERO-NAUTICAL AUTHORITIES.
CONFIDENTIAL
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