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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
(9) Except with the agreement of the aeronautical authorities of both Con- tracting Parties, and for such period as they may agree, a tariff shall not be prolonged by virtue of paragraph (8) of this Article:
(a) where a tariff has a terminal date, for more than 12 months after that
date;
(b) where a tariff has no terminal date, for more than 12 months after the date on which a replacement tariff is filed with both aeronautical authorities by the designated airline or airlines of one or both Con- tracting Parties.
(10) (a) The tariffs to be charged by a designated airline of Hong Kong for carriage between Brunei Darussalam and another State shall be subject to approval by the aeronautical authorities of Brunei Darussalam and, where appropriate, of the other State. The tariffs to be charged by a designated airline of Brunei Darussalam for carriage between Hong Kong and a State other than Brunei Darussalam shall be subject to approval by the aeronautical authorities of Hong Kong and, where appropriate, of the other State.
(b) No tariff shall be approved for such carriage unless it has been filed by the designated airline seeking that approval with the aeronautical authorities of the other Contracting Party in such form as those aeronautical authorities may require to disclose the particulars referred to in paragraph (1) of this Article not less than 90 days (or such shorter period as those aeronautical authorities may in a particular case agree) prior to the proposed effective date.
(c) The Contracting Party which has approved a tariff for such carriage may withdraw its approval of that tariff on giving 90 days' notice to the designated airline of the other Contracting Party applying the tariff and that tariff shall cease to be applied by that designated airline at the end of that period.
ARTICLE 8
Customs Duties
(1) Aircraft operated in international air services by a designated airline of either Contracting Party, their regular equipment, fuel, lubricants, spare parts including engines, and aircraft stores (including but not limited to such items as food, beverages and tobacco) which are on board such aircraft shall be relieved by the other Contracting Party on the basis of reciprocity from all customs duties, excise taxes and similar fees and charges not based on the cost of services provided on arrival, provided such equipment and supplies remain on board the aircraft.
(2) Regular equipment, spare parts, supplies of fuels and lubricants, aircraft stores, printed ticket stock, air waybills, any printed material which bears insignia of a designated airline of either Contracting Party and usual publicity material distributed without charge by that designated airline, introduced into the area of the other Contracting Party by or on behalf of that designated airline or taken on board the aircraft operated by that designated airline and
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
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intended solely for use on board such aircraft in the operation of inter- national air services, shall be relieved by the other Contracting Party on the basis of reciprocity from all customs duties, excise taxes and similar fees and charges not based on the cost of services provided on arrival, even when these supplies are to be used on any part of a journey performed over the area of the Contracting Party in which they are taken on board.
(3) The items referred to in paragraphs (1) and (2) of this Article may be required
to be kept under the supervision or control of the appropriate authorities.
(4) Regular airborne equipment, spare parts, supplies of fuels and lubricants and aircraft stores on board the aircraft of a designated airline of either Contracting Party may be unloaded in the area of the other Contracting Party only with the approval of the customs authorities of that Contracting Party who may require that these materials be placed under their supervision up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.
(5) The reliefs provided for by this Article shall also be available in situations where a designated airline of either Contracting Party has entered into arrangements with another airline or airlines for the loan or transfer in the area of the other Contracting Party of the items specified in paragraphs (1) and (2) of this Article, provided such other airline or airlines similarly enjoy such reliefs from such other Contracting Party.
ARTICLE 9
Aviation Security
(1) The Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against unlawful interference forms an integral part of this Agreement. The Contracting Parties shall in particular act in conformity with the aviation security provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970 and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971.
(2) The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.
(3) The Contracting Parties shall, in their mutual relations, act in conformity with the applicable aviation security provisions established by the Inter- national Civil Aviation Organization and designated as Annexes to the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944. They shall require that operators of aircraft of their registry or operators of aircraft having their principal place of business or permanent residence in their area, and the operators of airports in their area, act in conformity with such aviation security provisions.
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