1
GR 610
CONFIDENTIAL
CONFIDENTIAL
EM HONG KONG 071110Z MAY 79
TO IMMEDIATE FOREIGN AND COMMONWEALTH OFFICE
TELNO.540 OF 7 MAY,
INFO IMMEDIATE: PEKING,
HKK_184/2.
VAOLIVED IN R&
- 9 MAY 1979
INDEX
FA
Ja.s
ROUTINE : HONG KONG GOVT OFFICE LONDON, No
OUR TELNO.529 AND 531: DRAFT AMENDMENTS TO A.S.A.
1. FURTHER TO OUR TELS UNDER REF, WE HAVE THE FOLLOWING
ADDITIONAL COMMENTS ON THE DRAFT AMENDMENTS:
(A) ARTICLE 1(D) - YOU WILL RECALL THAT THE 1973 U.K DRAFT ASA CONTAINED A DEFINITION OF QUOTE TERRITORY UNQUOTE. HOWEVER, THE
CHINESE OBJECTED AND THE REFERENCE WAS ACCORDINGLY TAKEN OUT OF. THE DRAFT ASA INITIALED IN 1973. WE DO NOT KNOW HOW THE CHINESE WOULD REACT THIS TIME BUT SINCE THERE IS A STRONG FOSSIBILITY OF DISAGREEMENT OR MISUNDERSTANDING (OUR TELNO.529) WE BELIEVE IT (7 WOULD BE BETTER TO OMIT THE DEFINITION. THE POINT ABOUT UNBLINDING HONG KONG COULD, IF THE CHINESE AGREE, BE COVERED IN
A MORE STRAIGHT FORWARD WAY BY REFERRING IN ROUTE 1 OF THE ANNEX TO NAMED PICKING UP POINTS. THERE IS ALSO THE FURTHER CONSIDER-
ATION THAT THE CHINESE COULD CLAIM THAT THE SUGGESTED DEFINITION. ALSO COVERS TAIWAN AS THEIR QUOTE TERRITORY UNQUOTE.
(B)
ARTICLE 1(F) THE DEFINITION OF THE QUOTE INTERNATIONAL AIR SERVICE UNQUOTE IN ARTICLE 96 OF THE CONVENTION REFERS TO QUOTE THE PASSAGE THROUGH THE AIRSPACE OVER THE TERRITORY OF MORE THAN ONE STATE UNQUOTE. IF A REGIONAL ROUTE IS INCLUDED IN A SCHEDULE AS ARTICLE 3(2) ENVISAGES, THERE WOULD BE A CLEAR IMPLICATION THAT SUCH SERVICES ARE INTERNATIONAL. THIS WOULD BE
UNACCEPTABLE TO THE CHINESE.
(C)
ASA
ARTICLE 10 THE INCLUSION OF QUOTE ADDITIONAL FLIGHTS UNQUOTE IN ARTICLE 10(2) IS INAPPROPRIATE IN THE GENERAL CONTEXT
OF THE OTHER LONG TERM MATTERS MENTIONED IN THIS PARAGRAPH. ARE NORMALLY SILENT ON THE SUBJECT OF EXTRA SECTIONS AND WE SEE NO REASON FOR THE INCLUSION OF THIS SUBJECT HERE. FURTHERMORE, THERE IS NO PROVISION OF A FALL BACK POSITION IN THE EVENT THAT THE DESIGNATED AIRLINES DO NOT AGREE ON THE MATTERS CONTAINED IN THIS ARTICLE. WE SUGGEST THAT A FALL BACK POSITION BE PROVIDED, POSSIBLY ALONG THE SAME LINE AS THAT CONTAINED IN ARTICLE 11
WITH REGARD TO TARIFFS.
CONFIDENTIAL
/(D)