TNAG-0777-FCO40-981-Involvement-of-Hong-Kong-in-air-services-agreements-1978 — Page 91

7278-C/841 OF 10 MAY 1952 WHERE IT SAYS:-

(C) A STOP FOR NON-TRAFFIC PURPOSES SHOULD NOT BE REGARDED AS

A TRAFFIC STOP BY REASON OF THE TEMPORARY UNLOADING OF PASSENGERS, MAIL OR GOODS IN TRANSIT, IF THE STOP IS MADE FOR REASONS OF TECHNICAL NECESSITY OR CONVENIENCE OF OPERATION OF THE FLIGHT.

4. SIMILARLY CHENG IN LAW OF INTERNATIONAL AIR TRANSPORT, ON PAGE 11, STATES THAT IN EXERCISING 2ND FREEDOM RIGHTS NO PASSENGERS, CARGO OR MAIL MAY BE TAKEN ON OR SET DOWN, QUOTE EXCEPT MOMENTARILY, SUCH AS FOR REASON OF SAFETY DURING REFUELLING. UNQUOTE.

QUOTE STOP-OVER UNQUOTE IS DEFINED IN THE IATA GLOSSARY ON TRAFFIC TERMS:

QUOTE STOP-OVER, WHICH IS EQUIVALENT TO THE TERM BREAK OF JOURNEY, MEANS A DELIBERATE INTERUPTION OF A JOURNEY BY A PASSENGER,

AGREED TO IN ADVANCE BY THE CARRIER, AT A POINT BETWEEN THE PLACE OF DEPARTURE AND THE PLACE OF DESTINATION. UNQUOTE.

5. IN THE PRESENT CASE THE PROPOSED STOP IS NOT MERELY TO SET DOWN

PASSENGERS MOMENTARILY NOR APPARENTLY FOR REASONS OF TECHNICAL NECESSITY OR CONVENIENCE OF OPERATION OF FLIGHT, BUT IS TO MAKE A DEFINITE BREAK IN THE JOURNEY TO ALLOW PASSENGERS TO ENTER HONG KONG OR MANILA IN ORDER TO SHOP THERE.

6. FULL COPY OF ADVICE FOLLOWS BY BAG.

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