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3)
046741
MDLIAN 0725
RESTRICTED
FM JAKARTA
TO PRIORITY HONG KONG
TELNO MISC 40
OF 04030OZ APRIL 91
AND TO PRIORITY FCO, DEPT OF TRANSPORT, DTI
FOR WAKELING (ESB/HKG DEPT)
FIELDER (IAD) DEPT OF TRANSPORT
ELTON COT2) DTI
COOK (SEAD) AND AMD FCO
FROM MALCOLM
Spoke to MJ Byrd
we leading.
броне
Амо
HAL181/22
OUR TELNO MISC 33 TO HONG KONG (NOT TO ALL)
HONG KONG SERVICES/INDONESIA AIR SERVICES
for 414.
1. I AM FAXING SEPARATELY (TO WAKELING AND COOK) AN INDONESIAN COUNTER DRAFT FOR AIR SERVICES AGREEMENT, HANDED TO ME, ON 2 APRIL, BY EDWARD SILOOY, HEAD, AIR TRANSPORT AGREEMENT, DIRECTORATE GENERAL OF AIR COMMUNICATIONS (DGAC).
2. AT ARTICLE 1, PARAGRAPH 4 OF THE INDONESIAN DRAFT, INDONESIA IS DEFINED AS FOLLOWS:
QUOTE THE TERM 'TERRITORY' MEANS IN THE CASE OF INDONESIA, THE TERRITORY OF THE REPUBLIC OF INDONESIA AS DEFINED IN IT LAWS AND THE ADJACENT AREAS OVER WHICH THE REPUBLIC OF INDONESIA HAS SOVEREIGNTY, SOVEREIGN RIGHTS OR JURISDICTION IN ACCORDANCE WITH THE INTERNATIONAL LAW AND IN THE CASE OF
D
UNQUOTE.
3. THIS DEFINITION OF TERRITORY APPEARS LIKELY TO CAUSE THE SAME DIFFICULTIES WE ARE EXPERIENCING OVER UK/INDONESIA BILATERAL AGREEMENTS ON DOUBLE TAXATION AND COPYRIGHT IE. AGREEMENT CANNOT BE REACHED ON THE TERRITORIAL DEFINITION OF INDONESIA WITHOUT CONCEDING RECOGNITION TO EAST TIMOR OR REFERENCE TO THE UN LAW OF THE SEA.
4. SILOOY IS AWARE INDONESIA'S DEFINITION OF TERRITORY MAY WELL CAUSE US PROBLEMS. HE SAID IT WAS INSERTED AT THE INSISTENCE OF THE DEPARTMENT OF FOREIGN AFFAIRS (DEPLU). DGAC HOWEVER WANTED A NEW HONG KONG AGREEMENT AND WOULD HAVE NO PROBLEM IN SUBSTITUTING THE PREAMBLE OF THE AIR TRANSPORT AGREEMENT WITH AN EXCHANGE OF LETTERS.
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