TNAG-2311-FCO40-3355-Air-services-between-Hong-Kong-and-Indonesia-1991 — Page 119

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SIMPLY BE DELETED. (PROBABLY UNACCEPTABLE TO THE

INDONESIANS).

B.

REPLACE QUOTE AS DEFINED IN ITS LAWS UNQUOTE BY SUBSTITUTING A FORMULA SUCH AS QUOTE THE TERRITORY UNDER THE SOVEREIGNTY OF THE REPUBLIC OF INDONESIA UNQUOTE. THIS WOULD BE ACCEPTABLE TO US. SINCE WE DO NOT ACCEPT THAT EAST TIMOR IS UNDER THE SOVEREIGNTY OF INDONESIA, AND MIGHT ALSO BE ACCEPTABLE TO THE INDONESIANS, SINCE THEY DO ACCEPT THAT EAST TIMOR IS UNDER THEIR SOVEREIGNTY.

C-

ADD THE WORDS QUOTE IN ACCORDANCE WITH INTERNATIONAL LAW UNQUOTE AFTER QUOTE AS DEFINED IN ITS LAWS UNQUOTE. AGAIN, THIS FORMULA SHOULD ENABLE EACH SIDE TO ASSERT THAT ITS

POSITION IS RESPECTED.

D. DELETE THE DEFINITION OF QUOTE AREA UNQUOTE (A.K.A. QUOTE TERRITORY UNQUOTE) FROM ARTICLE 1, AND DEFINE THE TERM USING ONE OF THE ABOVE FORMULAE (IN THE ORDER OF FAVOUR OUTLINED ABOVE) IN A SIDE-LETTER, PREFERABLY PUBLISHED, BUT IF NEED BE, UNPUBLISHED.

E

LEAVE THE DEFINITION AS IT STANDS IN ARTICLE 1.4 OF

THE INDONESIAN DRAFT AND HAVE A SIDE LETTER STATING THAT THE TWO GOVERNMENTS AGREE THAT THE REFERENCE TO THE TERRITORY OF

INDONESIA INCLUDES ONLY THOSE AREAS OVER WHICH THE REPUBLIC OF INDONESIA HAS SOVEREIGNTY IN ACCORDANCE WITH INTERNATIONAL LAW. AGAIN IT WOULD BE BEST IF THIS WERE PUBLISHED, BUT IF NEED BE, AND IN ORDER TO SECURE AN AGREEMENT IT COULD BE UNPUBLISHED (ALTHOUGH WE WOULD HAVE TO RESERVE OUR RIGHT TO REFER TO THIS LETTER IF WE WERE LATER CHALLENGED ON THE MATTER).

5. WE BELIEVE THAT THE ABOVE SHOULD SEE US THROUGH AT LEAST

THE FIRST ROUND OF NEGOTIATIONS. IF WE GO AS FAR AS PROPOSING 3D. OR E.,

YOU SHOULD CONSULT US ON THE TEXTS OF THE SIDE

LETTERS AS APPROPRIATE.

WE IMAGINE THAT YOU WILL BE REPRESENTED AT THE TALKS BY MALCOLM.

6.

HURD

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