Mr Fielder
THIS IS A COPY
THE ORIGINAL HAS BEEN
CLOSED UNDER
FOI EXEMPTION NO. 27(1).
From: Martin Glass
(IA1C) Date: 6 April 1992
HONG KONG/VIETNAM AIR SERVICES AND OTHER ARRANGEMENTS
1.
2. We consult the Chinese on ASAS because they give rise to international rights and obligations which must ultimately be the responsibility of the sovereign state. UK ASAS can not continue to apply to Hong Kong after 1997, and are being replaced before then with Hong Kong ASAS capable of continuing indefinitely. 1997 the PRC will assume from the UK any international rights and obligations
arise from Hong Kong ASAS. The Chinese therefore have some locus to be consulted on these.
that
In
3. Air services arrangements, on the other hand, do not give rise to international rights and obligations for the sovereign state. They do not even bind the operating parties. I am not aware of any reason of principle why arrangements entered into by Hong Kong before 1997 should not be allowed to continue thereafter for as long as the respective parties decide.
same
4. In common with implementing arrangements under ASAS, such arrangements are often confidential and contain commercially sensitive information. They can be amended or replaced with relative ease in order to reflect changes in the market or the
The industry.
them for defending arguments
against In each disclosure to the Chinese therefore apply as to CMUS. case, the logical consequence of disclosure now is successive disclosure of any later adjustments. This in turn would increase the opportunity for the Chinese to exert a direct influence on Hong Kong's conduct of negotiations with its partners.
5.
www
To return to the particular case of Vietnam, it is worth bearing in mind that the UK itself
the UK itself is not privy to the Hong Kong/Vietnam arrangements, and so without a direction to Hong Kong is not in a position to disclose these to the Chinese. Even if it were, it is unlikely that the arrangements in question would be the ones that were still in operation next year, let alone in 1997.
6.
WEL
Hong Kong's general aim is to underpin its links with aviation partners by means of ASAS rather than relying on less formal arrangements, as the former provide a stronger foundation for air services than the latter. Provided the Vietnam. market