TNAG-2029-FCO40-2891-Hong-Kong-freezing-of-Kuwaiti-and-Iraqi-assets-1990 — Page 119

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131411 MDLOAN 9664

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FM FCO

TO PRIORITY HONG KONG

TELNO 1893

OF 111645Z OCTOBER 90

INFO PRIORITY UKMIS NEW YORK

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YOUR TELNO 2963: AIR EMBARGO OVERFLIGHTS

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HKB OZO126

1. DTP HAVE FAXED A COPY TO AIR SERVICES NEGOTIATIONS UNIT

HONG KONG OF THE WORKING PAPER ON OPERATION THE AIR EMBARGO IN UK. WE HOPE THIS CLARIFIED SOME POINTS.

2.

ANSWERS TO YOUR SPECIFIC QUESTIONS AS FOLLOWS:

(A) HONG KONG TERRITORY ITSELF, NOT THE WHOLE FIR. FCO LEGAL ADVICE IS THAT UNLESS THE FLIGHT OVERFLIES HONG KONG TERRITORY YOU COULD NOT APPLY UNSCR 670: PARAS 3 AND 4 IF THE AIRCRAFT OVERFLIES ANOTHER COUNTRY IN HONG KONG'S FIR THEN THAT COUNTRY HAS TO APPLY UNSCR 670

D

(B) PARA 7(1) OF THE ORDER IN COUNCIL NO 1988 PROVIDES FOR DELEGATION. IN PRACTICE THIS MEANS THAT THE SECRETARY OF STATE WOULD DELEGATE TO THE GOVERNOR AND WOULD GIVE HIM AUTHORITY TO DELEGATE LOCALLY AS NECESSARY. ARRANGEMENTS FOR THE NECESSARY DELEGATION ARE IN HAND.

(D) DTP'S WORKING PAPER SHOWS ARRANGEMENTS WITHIN UK: IF AN

OVERFLIGHT IS REQUESTED AND IS NOT ALREADY APPROVED BY THE SANCTIONS COMMITTEE THE AIRCRAFT WILL BE ASKED TO LAND FOR INSPECTION UNLESS WE (IN PRACTICE DTP) ARE SATISFIED IT WILL BE LANDING AT A DESIGNATED AIRPORT FURTHER ALONG THE ROUTE. IF AN

AIRCRAFT REFUSES TO LAND FOR INSPECTION THE AIR TRAFFIC CONTROLLERS NEXT ALONG ITS PATH, AND THE DTP, WILL BE INFORMED.

3.

PLEASE COPY ANY CONTRACT NUMBERS YOU PROVIDE TO UKMIS TO DTP (CONNOLLY, IA2B) AND AMD, FCO.

HURD

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