Akk 1841. RECEIVED M
21 FEB 1978
90. 51
OFFICER
PL
PA
Actios 1.
PP HONG KONG
GR 360
CYPHER CAT A
FM DOT 22144ØZ
CONFIDENTIAL
2
معلوم
нка
--MAE) 3
TO PRIORITY HONG KONG (FOR BCARFE) TELNO ALLOT 39 OF 22 FEBRUARY.
버스
UK/KOREA AIR SERVICES.
REF YOUR LETTER OF 30.1. WE HAVE NOW RECEIVED LEGAL ADVICE FROM
FCO. THEY REGARD THIS KIND OF STOP AS NOT WITHIN THE IASTA GRANT
OF SECOND FREEDOM RIGHTS AND IS A DELIBERATE INTERUPTION OF A
: JOURNEY NOT ENVISAGED BY THE TERM QUOTE STOP FOR NON-TRAFFIC
PURPOSES UNQUOTE. THEIR REASONS ARE AS FOLLOWS:
2. ARTICLE 1, SECTION 1, OF IASTA PROVIDES THAT SCHEDULED INTER- NATIONAL AIR SERVICES SHALL ENJOY THE PRIVILEGE OF LANDING IN THE
TERRITORY OF ANOTHER CONTRACTING STATE FOR NON-TRAFFIC PURPOSES. SECTION 2 OF THE SAME ARTICLE PROVIDES THAT THE PRIVILEGE OF LANDING FOR NON-TRAFFIC PURPOSES SHALL BE EXERCISED IN ACCORDANCE WITH THE
RPOVISIONS OF THE CHICAGO CONVENTION.
3. QUOTE STOP FOR NON-TRAFFIC PURPOSES UNQUOTE IS DEFINED IN ARTICLE 96 OF THE CHICAGO CONVENTION AS MEANING QUOTE A LANDING FOR ANY PURPOSE OTHER THAN TAKING ON OR DISCHARGING PASSENGERS, CARGO OR MAIL. UNQUOTE. IN THEIR INTERPRETATION OF ARTICLE 5 OF THE CHICAGO CONVENTION THE ICAO COUNCIL TOUCHES ON THE MEANING OF THE DEFINITION IN ARTICLE 96 IN PART 11(3)(C) OF ICAO DOC 7278-C/841 OF 10 MAY 1952 WHERE IT SAYS:-
(C) A STOP FOR NON-TRAFFIC PURPOSES SHOULD NOT BE REGARDED AS
STAD DV
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