RESTRICTED
HKC181/2.2
9
020166
MDLOAN 1272
RESTRICTED
FM FCO
TO PRIORITY JAKARTA TELNO 205
OF 13143OZ MAY 91
AND TO PRIORITY HONG KONG
риз
gs
pr-c82815
YOUR TELNO 294 AND HONG KONG TELNO 1042: HONG KONG/INDONESIA AIR SERVICES: DEFINITIONS OF TERRITORY
1. POSTPONEMENT OF TALKS AT THIS STAGE WOULD BE INCONVENIENT FOR DTP (AND, WE IMAGINE, HONG KONG) PLEASE CONTINUE TO PRESS SILOOY FOR AN EARLY REPLY.
2.
AS A PRELIMINARY POINT, THE TERM TO BE DEFINED AND WHICH WILL APPEAR THROUGHOUT THE BODY OF THE TEXT WILL HAVE TO BE QUOTE AREA UNQUOTE, SINCE APPLICATION OF THE TERM QUOTE TERRITORY UNQUOTE TO HONG KONG CAUSES PROBLEMS WITH THE CHINESE. (PARA 3 OF SECOND TUR REFERS).
3.
LEGAL ADVISERS ARE CONTENT WITH THAT PART OF THE DEFINITION OF QUOTE TERRITORY UNQUOTE, PROPOSED BY THE INDONESIANS IN ARTICLE 1.4 OF THEIR DRAFT, WHICH RELATES TO QUOTE ADJACENT AREAS UNQUOTE, SINCE IT IS QUALIFIED BY A REFERENCE TO QUOTE IN ACCORDANCE WITH INTERNATIONAL LAW UNQUOTE.
4.
THE MAIN PROBLEM IS WITH THE WORDS QUOTE AS
DEFINED IN ITS LAWS UNQUOTE IN ARTICLE 1.4 OF THE INDONESIAN DRAFT, SINCE WE ASSUME THAT INDONESIAN LAW DEFINES THE TERRITORY OF INDONESIA AS INCLUDING EAST TIMOR. THE PHRASE WILL THEREFORE HAVE TO BE DELETED, QUALIFIED OR REPLACED WITH AN ACCEPTABLE SUBSTITUTE. AS A STARTING POINT WE SHOULD THEREFORE ATTEMPT TO EXPLAIN THE RATIONALE BEHIND THE STANDARD HK FORMULA WHICH WAS USED RECENTLY IN THE HONG KONG MALAYSIA ASA, AND WHICH REFERS TO ARTICLE 2 OF THE CHICAGO CONVENTION (COPIES OF RELEVANT EXTRACTS ARE BEING SENT BY FAX TO MALCOLM). THIS IS QUITE A USUAL WAY OF DEALING WITH THIS ISSUE IN ASAS. IF THIS IS UNACCEPTABLE TO THE INDONESIANS, WE SUGGEST THE FOLLOWING SEQUENCE OF FALL BACK POSITIONS COULD BE
ADOPTED:
A.
THE PHRASE QUOTE AS DEFINED IN ITS LAWS UNQUOTE SHOULD
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