this is a point on which we can expect the Americans to question us. (And, in the light of what is said above, we might need to reinstate the specific provision to the effect that Hong Kong shall be deleted from column (C) in US Route 2.)
5.
As regards the draft Memorandum of Consultations, I note that this uses the formula "their aeronautical authorities intend to apply [certain arrangements] on the basis of comity and reciprocity"; this was the formula used in March 1991 for the Memorandum of Consultations settling the Heathrow Access dispute, and I am sure that it is right to use it here. However, I found the use of the phrase "the aforementioned related arrangements" in the second and third lines of paragraph 3 rather unclear; I assume that they relate back to the words "related arrangements" in the penultimate line of the first paragraph, but I wonder if it would be clearer if the arrangements were annexed to the Memorandum of Consultations so that they could be unambiguously identified as being the ones which will be applied. Moreover, I was slightly surprised that paragraph 3 did not also provide for the provisional application of the draft Hong Kong/US Air Serivces Agreement; is there some reason for this? Also, from what is said above, you will deduce that I would prefer that paragraph 3 of the · draft Memorandum were amended in the manner indicated at the end of the penultimate paragraph of Mr Fung's letter.
I am copying this letter to John Hall in AMD and Rod Bunten in HKD here.
6.
asa.hongkong
Yours ever
Alvis.
CA Whomersley Legal Counsellor
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