TNAG-1961-FCO40-2793-Air-services-agreement-between-Hong-Kong-and-Brunei-1989 — Page 49

AGREEMENT BETWEEN THE GOVERNMENT OF HONG KONG AND THE GOVERNMENT OF HIS MAJESTY THE SULTAN AND YANG DI-PERTUAN OF BRUNEI DARUSSALAM CONCERNING AIR SERVICES

ES

AGREEMENT BETWEEN THE GOVERNMENT OF HONG KONG AND THE GOVERNMENT OF HIS MAJESTY THE SULTAN AND YANG DI-PERTUAN OF BRUNEI DARUSSALAM CONCERNING AIR SERVICES

The Government of Hong Kong and the Government of His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam,

Desiring to conclude an Agreement for the purpose of establishing air services between Hong Kong and Brunei Darussalam;

Have agreed as follows:

ARTICLE 1

Definitions

For the purpose of this Agreement, unless the context otherwise requires:

(a) the term "aeronautical authorities" means in the case of Hong Kong, the Director of Civil Aviation, and in the case of Brunei Darussalam, the Minister of Communications, or, in both cases, any person or body authorised to perform any functions at present exercisable by the above-mentioned authorities or similar functions;

(b) the term "designated airline" means an airline which has been designated

and authorised in accordance with Article 4 of this Agreement;

(c) the term "area" in relation to Hong Kong includes Hong Kong Island, Kowloon and the New Territories and in relation to Brunei Darussalam has the meaning assigned to "territory” in Article 2 of the Convention on International Čivil Aviation, opened for signature at Chicago on 7 December 1944;

(d) the terms "air service", "international air service", "airline" and "stop for non-traffic purposes" have the meanings respectively assigned to them in Article 96 of the said Convention;

(e) the term "user charge" means a charge made to airlines by the competent authorities or permitted by them to be made for the provision of airport property or facilities or of air navigation facilities, including related services and facilities, for aircraft, their crews, passengers and cargo; (f) the term "this Agreement" includes the Annex hereto and any amend-

ments to it or to this Agreement.

ARTICLE 2

Provisions of the Chicago Convention Applicable to International Air Services

In implementing this Agreement, the Contracting Parties shall act in conformity with the provisions of the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, including the relevant Annexes, insofar as those provisions are applicable to international air services.