XN000022-1995-01-03 — Page 4

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The International Civil Aviation Organisation (ICAO) recommendation in Annex 9 to the Convention on International Civil Aviation, paragraph 2.40 which required certain information to be produced to the authorities granting a charter permit, did not call for the inspection of the Certificate of Airworthiness or the certificate of competency (variously referred to as the Air Operator Certificate and Air Carrier Certificate) or equivalent.

"When Hong Kong considered the chartering of the aircraft from Indonesia, we exceeded the ICAO's recommended requirement.

"In fact, prior to the Hong Kong Government entering into a charter agreement with Pelita, a team of Hong Kong Government officials visited Indonesia in 1991 to discuss the proposed charter with the operator," Mr Lok said.

"The officials were shown the authorisation issued by the Indonesian authorities in 1988 for the Hercules to carry passengers within Indonesia. The team sought extension of this authority to the international carriage of passengers.

"The Indonesian authorities duly issued a letter on October 11, 1991 extending the authority given in the 1988 authorisation to international passenger carriage. These documents covered the four Hercules, of which the crashed aircraft (PKPLV) was one."

Regarding the concern expressed by a member staff of his department that the PKPLV might not have been properly certificated to carry passengers, Mr Lok said though this staff member was not a member of the investigation team, his concerns were drawn to the attention of the investigation team immediately.

Mr Lok said he would have no objection, in principle, to release this staff member's report. However, it would not be proper for him to authorise this until the full accident investigation has been completed and its official report produced.

As regards the official investigation report, Mr Lok said any non-compliances with relevant regulations would be brought to the attention of the authorities concerned, as would any apparent shortfall compared to ICAO standards. ICAO will receive a copy of the report.

End/Tuesday, January 3, 1995