TNAG-2311-FCO40-3355-Air-services-between-Hong-Kong-and-Indonesia-1991 — Page 138

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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DRAFT SPEAKING NOTE

HONG KONG/INDONESIA AIR SERVICES

1. During the negotiations. on the Sino-British Joint

Declaration on the Question of Hong Kong, which was signed in

December 1984, the Chinese side made it clear that international

rights and obligations affecting Hong Kong under UK treaties

could not survive in that form after 30 June 1997 (from which

date China will resume sovereignty over Hong Kong). These include

rights and obligations relating to scheduled air services under

the relevant UK air services agreements (ASAs).

2.

to

In order, therefore,

ensure that there could be

continuity of scheduled air services to and from Hong Kong from

1 July 1997, the United Kingdom explained to China that it would

separate into two agreements each UK ASA that included Hong Kong

routes. The separated agreement covering Hong Kong routes would

be signed by the Hong Kong Government on the authority of the UK

Government on the one side and by the Government of the country

concerned on the other side, and would deal with scheduled

services on routes between that country and Hong Kong. Services

on routes between the UK and that country would, of course,

continue to be governed by the ASA signed by the UK Government.

3. On the basis that, prior to 1997, such separate ASAS between

Hong Kong and its aviation partners would have been established,

and that those ASAS would be capable of continuing in force

beyond 30 June 1997, the UK and Chinese Governments agreed

Section IX of Annex I to the Joint Declaration on the Question

of Hong Kong (copy attached). The Hong Kong Special

Administrative Region, which Hong Kong will become with effect

from 1 July 1997, is to enjoy a high degree of autonomy. Hence

provision in the Joint Declaration for it to have, inter alia,

its own ASAS.

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