aft telegram
Confidential
Priority
7C0 Telegram
to Hong Kong (Gov & BCARFE)
J
RFI Peking
Your tel 404 CPA Charter flights to Shanghai.
1
The point at issue is arguable either way. We could say that since Annex II refers to any airline of either contracting party may etc to or from the territory of the other contracting party, and since the ASA itself does not (for reasons we well know) define territory we should fall back on the definition of territory in the Chicago Convention. Therefore charter flights by CPA from Hong Kong to the PRC would be covered by Annex II.
2 Rogers own notes of his discussions with Li on this indicate that he said at the time that he regarded Annex II as covering charter flights to and from Hong Kong and Li did not dissent.
3 The Chinese will no doubt argue, if it suits them, that since the ASA is concerned with services between the PRC and metropolitan UK then Annex II relates similarly.
4
It is probably profitless to argue the point with the Chinese. If we are to say anything at all to them on this issue it is surely
tes
tet to use the argument of reciprocity and to ask them how long they expect the British authorities to go on approving CA.C charter flights from the PRC to Hong Kong if they are to argue, as they seemingly want to, that they are under no obligation to reciprocate when British airlines wish to operate charter services from Hong Kong to the PRC. But this line of argument pre-supposes that you would be prepared to withhold approval to CAAC charter applications and that you do not seem ready to do.
5 See our Tel No
to Peking on the line taken with Liang of Chinese Embassy in London during discussions with DOT on 13 March.