TNAG-0643-FCO40-791-Involvement-of-Hong-Kong-in-air-services-agreements-1977 — Page 181

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BERMUDA TEXT IS BINDING WHILE THE CONFLICTING PREDETERMINATIO MECHANISM IS NOT. IF THE BERMUDA CAPACITY CLAUSES ARE TO BE RETAINED AS PRINCIPLE ON WHICH A CAPACITY AGREEMENT WILL BE BASED THE FOOTNOTE SHOULD READ:-

QUOTE THE POINTS TO BE SERVED ON THE ABOVE ROUTES SHALL BE SUBJECT TO PRIOR AGREEMENT BY THE TWO AERONAUTICAL AUTHORITIES

AS SHALL THE CAPACITY TO BE PROVIDED THEREON IN ACCORDANCE WITH THE PRINCIPLES SET OUT IN ARTICLE 5 OF THE AGREEMENT UNQUOTE.

5. THE DELETION OF QUOTE NOTWITHSTANDING ANY PROVISIONS OF THE ASA UNQUOTE ( YOUR PARA 5) MAKES IT LESS CLEAR THAT THE FOOTNOTE NEGATES THE GRANT OF RIGHTS AND OVERRIDES THE ASA'S CAPACITY CLAUSES, HOWEVER, THE EFFECT OF THE FOOTNOTE REMAINS THE SAME.

6. YOUR PARA 6. THE PARAGRAPH PROPOSED WILL NOT AFFECT THE

1953 EXCHANGE SINCE YOUR PROPOSAL IS FOR INSERTION IN A CMU.

THIS DOES NOT REPEAT NOT AFFECT PARA 7 OF OUR TEL NO 294.

OWEN

FILES

MAED

SEAD

HK & GD

MR.BURROWS

MR.MURRAY MR.CORTAZZI MR. POSNETT

[COPIES PASSED TO CAD/DOT]

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