TNAG-0780-FCO40-984-Involvement-of-Hong-Kong-in-air-services-agreements-1978 — Page 36

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HKK 184/1

RELE

RY

INDE

egien Takan

CONFIDENTIAL

TO FRIORITY RANGOON TELNO 123 OF 25 AUGUST

INFO HONG KONG (GOVERNOR AND BCARFE)

BCARFE ALLOT 20 TO DOT: UK/BURMA AIR SERVICES.

1. WE AGREE WITH BCARFE'S INTERPRETATION OF CPA'S RIGHTS UNDER THE UK/BURMA ASA IN PARAGRAPH 2 OF TELEGRAM UNDER REFERENCE. ARTICLE 2(1) OF THE ASA, AS AMENDED BY THE 1965 EXCHANGE OF NOTES, DEALS WITH THE EXCHANGE OF FIRST, AND SECOND FREEDOMS OF THE AIR IN RESPECT OF THE QUOTE. SCHEDULED INTERNATIONAL SERVICES UNQUOTE OF EACH PARTY. IT IS NOT CONFINED TO SCHEDULED SERVICES ON THE ROUTES SPECIFIED IN THE SCHEDULES TO THE ASA NOR TO THE CARRIERS OF EITHER SIDE DESIGNATED UNDER THE ASA. THUS CPA'S RIGHT TO OVERFLY BURMA ON ITS BANGKOK-BAHRAIN SERVICE DERIVES FROM ARTICLE

2(1).

2. ARTICLE 2(2) DEALS WITH THE DESIGNATION OF AN AIRLINE BY EACH SIDE FOR THE PURPOSE OF OPERATING SERVICES ON THE ROUTES SPECIFIED IN THE SCHEDULES TO THE ASA AND THE DESIGNATION OF THE ONE UK CARRIER, BA, CONFERS ON THAT AIRLINE AND THAT AIRLINE ONLY THE RIGHTS TO OPERATE THE SPECIFIED UK ROUTES WITH THE ATTENDANT RIGHT TO EXERVISE THIRD, FOURTH AND FIFTH FREEDOM RIGHTS. 3. WE HAVE NO DESIRE TO PROVOKE A QUARREL, SINCE WE ATTACH IMPORTANCE TO THE RIGHTS TO OVERFLY BURMA. PLEASE APPROACH THE BURMESE AUTHORITIES AND POLITELY EXPLAIN TO THEM HOW WE SEE THE POSITION. YOU MAY PERHAPS BE ABLE PERSUADE THEM THAT THEY HAVE IT WRONG AND WE COULD FOLLOW THAT UP IF YOU THOUGHT IT NECESSARY

·

WITH A NOTE IN RESPONSE TO THEIRS OF 20 JULY. IF THEY ARE NOT TO BE PERSUADED, PERHAPS YOU COULD FIND OUT WHAT CAUSES THEM CONCERN.

OWEN

FILES

MAED

SEAD

HK & GD MISS BROWN MR.MURRAY

[COPIES SENT TO CAD/DOT]

CONFIDENTIAL