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HKK 1841.1
RELEVEN ME ACUA
25 OCT 197
DA
RE
GRS 335.
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INDEX
FM UKREP ICAO MONTREAL 241343Z OCT 79
O IMMEDIATE FCO
TELEGRAM NUMBER 18 OF 23 OCTOBER ·
"Я
See (2514
AND TO IMMEDIATE BANGKOK, HONG KONG, PARIS, BONN, PEKING, ROME, WASHINGTON
CAAC NOTAM 19/ AMBER ONE AIRWAY
OUR TEL NO 633 TO PEKING
474A
THE ICAO SECRETARIAT DOES NOT FAVOUR THE SOLUTION REFERRED TO IN PARA 3 OF PEKING TELEGRAM NUMBER 939 TO YOU AND WE TOO SHOULD BE MARY OF IT. PRESENT ROUTINE IS ENTIRELY OVER HIGH SEAS BETWEEN PONG KONG AND VIETNAM COAST LINE AND THUS NO STATE CAN PREVENT TRANSIT EXERCISE OF TERRITORIAL JURISDICTION. UNDER ART 12 OF CHICAGO CONVENTION ONLY ICAO HAS RESPONSIBILITY FOR RULES IN FORCE CVER HIGH SEAS AND AS A SIGNATORY CHINA SHOULD RESPECT THOSE RULES (EVEN THOUGH PRESENT PLAN WAS DRAWN UP BEFORE PRC JOINED).
IF AIRWAY IS REALIGNED OVER PARACELS WHICH SEEMS TO BE CHINESE AIM, OVERFLIGHT CAN ONLY TAKE PLACE WITH CHINESE PERMISSION,
3 IN ADDITION TO ARGUMENTS OUTLINED IN PARA 4 OF TUR WE SHOULD THEREFORE BEAR IN MIND THE SERIOUS PRECEDENT THAT CHINESE ACTION SETS IN UNILATERAL INTERFERENCE WITH INTERNATIONALLY AGREED ARRANGEMENTS OUTSIDE THEIR TERRITORIAL JURISDICTION. A PRIME OBJECTIVE OF ICAO IS THEREFORE TO ENSURE THAT AMBER ONE BE KEPT OPEN, AND THAT IF CHINESE HAVE REASON TO WANT A CHANGE IT SHOULD BE PURSUED THROUGH NORMAL MACHINERY OF ICAO. TO THIS END IT WOULD BE HELPFUL IF HONG KONG GOULD MAKE CLEAR THAT THEIR NOTAM NO A269 OF 19 OCTOBER 1979 IS A TEMPORARY EXPEDIENT AND THAT IT DOES NOT REPEAT NOT CLOSE AMBER ONE DURING THOSE HOURS IN WHICH DANGER AREAS ARE INOPERATIVE (ACKNOWLEDGING THAT HONG KONG CURFEW MAY INTRODUCE
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