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the context of Taiwan services. It is not in the interest of Hong Kong airlines that commercial arrangements set out in the confidential Memoranda of Understanding should be revealed to the Chinese, not least because such information is likely to filter through to mainland Chinese airlines and give them a commercial advantage over Hong Kong airlines.
(c) JD119 also refers to arrangements'. It provides that under specific authorisations from the Central People's Government 'all such .. arrangements may be renewed or amended with the rights contained in such
previous arrangements being as far as possible maintained'. The provision on renewal has been narrowly interpreted by the Hong Kong Government (rightly, in my view) to cover only agreements and arrangements which are time-limited and which would expire but for their renewal, and not all agreements and arrangements which run on after 30 June 1997. In this paragraph, the word 'arrangements' is used to describe instruments containing rights. The word is normally used for instruments which are non-binding and fall short of being a treaty, although it can be used for instruments containing rights. In the context, it would seem to cover only air services agreements which are being provisionally applied and not in addition free standing and non-binding arrangements referred to in paragraph 2(a) above.
The big question mark concerns the free standing, non-binding type of arrangements referred to in paragraph 2(a) above. If we interpret those as included in the term 'provisional arrangements', that means that they are excluded from JD119 and cannot be renewed if time limited or amended after 1997 but they are covered by JD 121, 122,
124 and 126. If such arrangements are covered by JD1 21 and 122, new ones may be negotiated and concluded after 1 July 1997 under specific authorisations from the Central People's Government and it would also bring them within the umbrella provision of JD1 22 which provides that all scheduled air services not operating to, from or through mainland China shall be regulated by air service agreements or provisional arrangements.
4. If, on the other hand, we wish to argue that this type of arrangement does not fall under the term 'provisional arrangements', the consequence is that such arrangements may not be negotiated and concluded after 1 July 1997 under JD121 and indeed, because scheduled air services after 1 July 1997 may only be regulated by air services agreements or provisional arrangements (JD122), they could only be used for chartered air services arrangements. (In practice, I believe, they are not used for chartered air services.) The
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