CODE 18-77
Mr Whomersley Legal Counsellor
HKC 181 |
Reference....
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NON SCHEDULED HK FLIGHTS OVER PRC AIRSPACE: CHICAGO CONVENTION
From
1. Please see the attached telegram from Hong Kong. Hong Kong appear to want to change their policy of requiring PRC permission prior to HKG approval for flights to Macau transiting PRC airspace because:
a) Other HK flights transit other bits of PRC airspace without the requirement, and without objection from PRC.
b) China is now a signatory to the Chicago Convention, and Article 5 permits transit by non-scheduled aircraft of other contracting states without prior permission.
2. I would be grateful for your views. I assume the Chinese could use other bits of Article 5 to require permission for such flights if they were so inclined, but given the lack of Chinese objections to non-scheduled HK over flights in other areas, this seems unlikely. The Chinese protested in 1982 presumably because they regarded the Royal Hong Kong Auxiliary Air France Aircraft as a state Aircraft, and therefore subject to the notification provision of Article 3, rather than Article 5. We should remind Hong Kong of this difference.
3. Hong Kong Department will be considering the political implication of the HKG proposal.
Simm knatt
Simon Lovett
Aviation and Maritime Department
10 July 1992
CC:
Mr Bunten, HKD
Mr Glass, IA1C, DTP
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