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276
J Grainger Esq
Legal Advisers Department
Foreign and Commonwealth office
LONDON
SW1A 2AH
GTN
071 276 5419
FAX 071.276
My Ref:
5390
Your Ref:
13 December 1993
Dear John
UK/HONG KONG ASA
Joanne Othick and I will be going to Hong Kong on 10 January 1994 to start discuss conversion of the current UK/Hong Kong MOU into an ASA to take effect from 1997.
As you know, the MOU is based on the UK model ASA but with amendments which recognise Hong Kong's unusual status.
I have put together the attached draft ASA which seeks to update the MOU where necessary whilst striving to retain the current MOU/Hong Kong model ASA wording as far as possible so as to minimise the differences that need to be explained to the Chinese.
The only significant exception to this rule is the tariff article where I have included the double disapproval regime although the MOU and Hong Kong model texts all incorporate double approval. We felt we should at least start the ball rolling by offering our preferred tariff regime.
On the ownership of airlines, we are considering internally whether there would be advantages in using Hong Kong's wording to cover UK airlines. This has yet to be finalised but it looks as if we will wish to follow the Hong Kong wording. The wording used to cover this option has been lifted from the Hong Kong/Germany ASA.
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One general query relates to the relationship of the parties to the Chicago Convention. Despite the fact that Hong Kong is not (and will not be?) a party to the Convention, the Hong Kong model ASA makes references to the Convention and to the parties adhering to its provisions. Given this, I have added the UK model ASA drafting for the definition and application (Article 2) of the Convention to the draft ASA.