RESTRICTED
FM HONG KONG
TO PRIORITY FCO
TELNO
1042
OF 08103OZ APRIL 91
INFO PRIORITY DTP, JAKARTA
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RESTRICTED
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060621
MDLIAN 1508
HKC181/22
FR 1991
Es.
p.a.
обные
DTP FOR IAD.
JAKARTA TELEGRAM NO. MISC 40 (NOT TO ALL): HONG KONG/INDONESIA
AIR SERVICES.
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1 WE HAVE RECEIVED FROM JAKARTA AN INDONESIAN COUNTER DRAFT OF THE HONG KONG/INDONESIA ASA, WHICH WE SHALL EXAMINE CLOSELY. AT FIRST GLANCE, HOWEVER, IT APPEARS TO BE A STANDARD TEXT WHICH DOES NOT TAKE ACCOUNT OF HONG KONG'S SPECIAL CIRCUMSTANCES E.G. THE DESIGNATION CRITERIA FOR HONG KONG CARRIERS IN ARTICLES III AND IV, AND THE REFERENCES TO ''TERRITORIES'' (ARTICLE II ETC) AND 'DIPLOMATIC NOTES'' (ARTICLE XXI).
2. AS IS THE USUAL PRACTICE, WE INTEND TO PERSUADE THE INDONESIANS AT THE COMING CONSULTATIONS TO ADOPT OUR PROPOSED TEXT OF THE ASA (OF WHICH THE INDONESIANS HAVE ALREADY GOT A COPY) WITH SUITABLE ADJUSTMENTS TO TAKE ACCOUNT OF SPECIFIC INDONESIAN CONCERNS. WE SHALL EXPLAIN TO THEM IN DETAIL THE MERITS OF SUCH AN APPROACH.
IN
3. WITH RESPECT TO ARTICLE I(4) OF THE INDONESIAN TEXT, WE WOULD HOPE TO GET THE INDONESIANS TO AGREE TO THE LANGUAGE OF OUR PROPOSED ARTICLE 1(C) (WHICH READS: ''THE TERM ''AREA'' RELATION TO INDONESIA HAS THE MEANING ASSIGNED TO 'TERRITORY' IN ARTICLE 2 OF THE CONVENTION ON INTERNATIONAL CIVIL AVIATION, OPENED FOR SIGNATURE AT CHICAGO ON 7 DECEMBER 1944 '') THIS FORMULATION HAS BEEN ADOPTED IN ASAS WHICH WE HAVE NEGOTIATED WITH OUR OTHER PARTNERS. HOPEFULLY, IT WOULD ALSO MEET THE INDONESIANS' REQUIREMENTS WITHOUT CAUSING US THE SAME DIFFICULTY BEING REFERRED TO IN PARA. 3 OF TUR.
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4. WHEN SILOOY SAID THAT THE DFA INSISTED ON INCLUDING THEIR OWN DEFINITION OF THE TERRITORY OF INDONESIA (PARA. 4 OF TUR REFERS), IT IS UNCLEAR TO US WHETHER HE WAS TALKING ABOUT DFA'S POSITION IN RELATION TO THEIR MODEL ASA OR WHETHER HE WAS REPORTING ON DFA'S SPECIFIC RESPONSE TO OUR PROPOSED ARTICLE 1(3). IN ANY
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