Page y
Benefits
CONTINE
5.
The warsaw
importance
Convention, as amended by the Hague Protocol, has been recognized internationally as a treaty which has harmonized the legal systems of Contracting States concerning carriage
by air. Such harmonization of
law on international air carriage, in particular law relating to liability, is cof vital
for the smooth management of international air transport. Without unified rules, complex conflicts of laws would arise the settlement of claims would be unpredictable, costly, time consuming and possibly uninsurable. Conflicts of jurisdiction might also arise which would further
aggravate the uncertainty in the settlement of liability claims.
such
and
Proposal
6.
The British side proposes that the Warsaw Convention and the Hague Protocol should continue to apply to the Hong Kong SAR after 30 June 1997 in accordance with the Joint Declaration.
The PRC is а party to the Convention and the Protocol and provided it remains so, it will be necessary only
ensure that the international rights and obligations currently affecting Hong Kong are fully preserved in a manner consistent with the Joint Declaration and to consider whether any action is needed in this regard.
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Tage 9
IV
The Convention
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Items 1.2 -
1.2(9)
The Convention on International
Civil Aviation, Chicago, 1944
International
Civil
Aviation
Convention") (text at Annex A) was concluded
The Convention
on
("the
Chicago
on 7
The United
and Ilong
was included Kong
December 1944 and entered into force on 4 April 1947. Kingdom ratified the Convention on 1 March 1947
in the
UK'S
ratification
(reference at Annex B). The Convention has been amended by respectively in 1947, 1954, 1961,
a number of Protocols
1962, 1971 and 1974
included in the UK's
(reference at Annex D).
2.
•
(texts at Annex C). Hong Kong was
ratification of all these Protocols
The Chicago Convention, as amended, is to promote international co-operation in order that civil aviation may be developed in a safe and orderly manner and that air
services
may
be
established
on
the
basis of
a series
of
transport equality of opportunity and can be operated soundly and economically. The Convention establishes principles and arrangements concerning international civil
aviation
(a)
(b)
that every State has complete and exclusive
sovereignty over
airspace above
the
territory (Article 1);
its
that every Contracting State is entitled to restrict or prohibit aircraft from overflying certain areas of its territory and to require
aircraft to land at and take off from designated customs airports (Articles 3-4);
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