:
R 203
Plechy (10) and (12) te
M. A.w. Gaminara
m. B. H.J Lave
P. T.D.
Av. Teleorms. Deft,
Αν
4
seç
1575.
N. S. Savannah
Visit to Hong Kong
(12
/May, 1967
T
Young (Scientific Relations Department) has asked me to let - you have my comments on the draft Note which you agreed with the Americans last week as amended by the State Department (copy enclosed).
2. The amendment proposed to paragraph 4 would it seoms give the United States Government an absolute release from their obligations under Annex 1, leaving H.M.G. with no rights under the Annex us against the U.S. Government in the event of FAST or any other private oporator failing to fulfil those obligations. (Very much the same position would result if, instead of adopting. the amendment, the last 22 words of the paragraph were omitted). We should not in my view accopt the amendment.
3.
With regard to the State Department'e amendments to paragraph 5 of the Note
(a)
(b)
the reference to an agreement of indemnification as described in paragraph 6(a) of Annox 2 assumes that
the "Indemnification Agreement" referred to in paragraph ↑ of Annex 2 has been terminated or revised and I wonder therefore whether the insertion of the words "or a private operator" immediately after the references to tho "United States Maritime Administration" in that paragraph would be correct.
the amendment which would be made to line 3 of paragraph 4 of Annex 2 requires some qualification in relation to sub-para. (a) of that paragraph.
With respect I consider that paragraph 5 of the draft as agreed by you with the Americans is to be preferred to the State Department's alternative draft. I would howover suggest for your consideration the insertion of the words "unless the context otherwise requires" immediately after "that" in line 2.
F. D. Berman, Esq.,
Assistant Legal Adviser, Foreign office,
LONDON, 8.W.1.
L
/4.
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