TNAG-2110-FCO40-3009-Hong-Kong-participation-in-international-organisations-1990 — Page 159

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18-77

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7. I would take this opportunity to point again to two questions which will have to be addressed at some point in the Open Skies negotiations. In the first place, we have to be clear about the status of the inspecting aircraft; for example, can it be detained? Is it to be regarded as immune from the jurisdiction of the observed state, in the way that military aircraft generally are? Secondly, has any thought been given to the way in which privileges and immunities will be applied where the inspection is carried out by two or more of the parties to the Open Skies Treaty, acting jointly?

16 March 1990

cc Mrs King

Protocol Dept Lt Col Hughes

Sec Pol Dept

Mr Berman

Deputy Legal Adviser

Ms Foakes

Assistant Legal Adviser

Ms Brookes

Assistant Legal Adviser

IM3AEV

down Macleod,

Iain MacLeod

Assistant Legal Adviser K157A 270 3066

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