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AGREEMENT BETWEEN THE GOVERNMENT OF HONG KONG AND THE GOVERNMENT OF HIS MAJESTY THE SULTAN AND YANG DI-PERTUAN OF BRUNEI DARUSSALAM CONCERNING AIR SERVICES
appointment within 30 days. If the President considers that he is a national of a State which cannot be regarded as neutral in relation to the dispute, the most senior Vice-President who is not disqualified on that ground shall make the appointment.
(3) Except as hereinafter provided in this Article or as otherwise agreed by the Contracting Parties, the tribunal shall determine the limits of its jurisdiction and establish its own procedure. At the direction of the tribunal, or at the request of either of the Contracting Parties, a conference to determine the precise issues to be arbitrated and the specific procedures to be followed shall be held not later than 30 days after the tribunal is fully constituted.
(4) Except as otherwise agreed by the Contracting Parties or prescribed by the tribunal, each Contracting Party shall submit a memorandum within 45 days after the tribunal is fully constituted. Replies shall be due 60 days later. The tribunal shall hold a hearing at the request of either Contracting Party, or at its discretion, within 30 days after replies are due.
(5) The tribunal shall attempt to give a written decision within 30 days after completion of the hearing or, if no hearing is held, after the date both replies are submitted. The decision shall be taken by a majority vote.
(6) The Contracting Parties may submit requests for clarification of the decision within 15 days after it is received and such clarification shall be issued within 15 days of such request.
(7) The decision of the tribunal shall be binding on the Contracting Parties.
(8) Each Contracting party shall bear the costs of the arbitrator appointed by it. The other costs of the tribunal shall be shared equally by the Contracting Parties including any expenses incurred by the President or Vice-President of the Council of the International Civil Aviation Organization in implementing the procedures in paragraph (2)(b) of this Article.
AGREEMENT BETWEEN THE GOVERNMENT OF HONG KONG AND THE GOVERNMENT OF HIS MAJESTY THE SULTAN AND YANG DI-PERTUAN OF BRUNEI DARUSSALAM CONCERNING AIR SERVICES
ARTICLE 17
Termination
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Either Contracting Party may at any time give notice in writing to the other Contracting Party of its decision to terminate this Agreement. This Agreement shall terminate at midnight (at the place of receipt of the notice) immediately before the first anniversary of the date of receipt of the notice by the other Contracting Party, unless the notice is withdrawn by agreement before the end of this period.
ARTICLE 18
Registration with the International Civil Aviation Organization
This Agreement and any amendment thereto shall be registered with the Inter- national Civil Aviation Organization.
ARTICLE 19
Entry into Force
This Agreement shall enter into force on the date of signature.
In witness whereof, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.
Done, in duplicate at Hong Kong this 9th day of January 1989 in the English and Malay languages, both texts being equally authoritative.
For the Government of Hong Kong:
For the Government of His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam:
ARTICLE 16
Amendment
(1) Any amendments to this Agreement other than the Annex agreed by the Contracting Parties shall come into effect when they are confirmed in writing between the Government of His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam and the Government of Hong Kong.
(2) Any amendments to the Annex agreed by the Contracting Parties shall come into effect when confirmed in writing between the aeronautical authorities of both Contracting Parties.
ANSON CHAN
DATO HAJI ZAKARIA DMW HAJI SULAIMAN