GRS 320
CONFIDENTIAL
GZH
CONFIDENTIAL
DESKBY 281030Z F CO
FM HONG KONG 280950Z DEC 79
IMMEDIATE F C O
TELEGRAM NUMBER 1812 OF 28 DECEMBER
INFO IMMEDIATE PEKING, DO T.
531
HKK 184 Xi
RA
RECEIVED » ROCKTAY NO. 51
RESK
INDEX
平
MY TELNO 1779 AND PEKING TELNO 1081 TO CO: NON-SCHEDULED FLIGHTS HONG KONG/CANTON.
NIT
1. WE HAVE GIVEN FURTHER THOUGHT TO THE MATTER. ALTHOUGH THE DOT PROCEDURE (ON OVERSEAS NON-SCHEDULED FLIGHT CLEARANCES IN ACCORDANCE WITH WHICH THE PRESENT APPLICATION HAS BEEN MADE)
IS CONSISTENT WITH ARTICLE 5 OF THE CHICAGO CONVENTION TO WHICH BOTH HMG AND PRC ARE PARTIES (PRC SINCE 1974), WE NOTICE THAT NO PROVISION FOR SUCH PRIVATE FLIGHTS WAS MADE IN THE JULY DRAFT
OF THE UK/PRC ASA. CONSEQUENTLY WE ARE NOT SURE ABOUT THE STATUS OF THE DOT PROCEDURE WHICH SEEMS TO HAVE BEEN ESTABLISHED BEFORE THE ASA WAS NEGOTIATED.
2. WE CONTINUE TO THINK THAT THE CHINESE WOULD BE PUZZLED BY AN APPLICATION OF THIS SORT AND THAT, ON GENERAL GROUNDS, IT WOULD BE BETTER AT THIS STAGE OF THE GAME, NOT TO PUT IN AN APPLICATION THROUGH OFFICIAL CHANNELS WHEN THEY WOULD BE LIKELY TO REJECT. HOWEVER, THE APPLICANT HAS ACTED IN GOOD FAITH AND ACCORDING TO THE PUBLISHED RULES. WE NEED THEREFORE TO ESTABLISH A POLICY ABOUT APPLICATIONS FOR PRIVATE FLIGHTS OF THIS NATURE. ONE PRELIMINARY MOVE WOULD BE FOR PEKING TO SOUND OUT THE CHINESE ON A GENERAL BASIS WITHOUT REFERENCE TO A PARTICULAR APPLICATION, AND PERHAPS AS PART OF THE PROPOSED FOLLOW-UP TO THE
SIGNATURE OF THE ASA.
3. WE CAN PROBABLY DISUADE THE PARTICULAR PILOT FROM PURSUING HIS APPLICATION. BUT THERE WILL INEVITABLY BE OTHERS WHO SEEK TO FOLLOW THE PROCEDURE L'AID DOWN IN THE DOT GUIDELINES. WE WOULD BE GRATEFUL FOR URGENT GUIDANCE ON HOW YOU INTEND TO HANDLE THEM.
WHAT IS DONE IN THE AS PART OF THIS IT WOULD BE USEFUL TO KNOW CASE OF THE SOVIET UNION.
CATER
FILES
MAED
HK & GD
FED
LORD BRIDGES MR CORTAZZI
MISS BROWN MR MURRAY
COPIES TO: CAIR/DOT
CONFIDENTIAL