TNAG-2311-FCO40-3355-Air-services-between-Hong-Kong-and-Indonesia-1991 — Page 141

Background Brief

1

1. The Sino-British Joint Declaration on the Question of Hong

Kong (JD) entered into force in May 1985. Both Governments have

begun the process of implementing it.

2. Section IX of Annex I to the JD deals with the handling of

civil aviation matters in Hong Kong after 1997. During the

negotiations on the JD, the Chinese confirmed, as might have been

expected, that Hong Kong's previous air services rights could not

be continued after 1997 by means of ASAS which had been signed

by the

the UK and which dealt with both UK and Hong Kong air

services. The UK therefore told the Chinese that, in order to

prevent the disruption of Hong Kong's air services, it proposed

to split those UK ASAS that included Hong Kong. It would do this

by negotiating separate ASAS between Hong Kong and Hong Kong's

air service partners, which would deal with routes to and from

Hong Kong. These would be signed by the Hong Kong Government on

the authority of the UK Government. Services to the UK would

continue to be dealt with in the UK ASAS (which would, however,

be separate). It was against this background that the text of

Section IX of Annex I was agreed with the Chinese. The effect of

this is that, in principle, all of Hong Kong's own separate ASAs (provided that the routes do not include any points in the

mainland of China) will continue in force after 1 July 1997, and

that they may, thereafter, as and when convenient, be renewed (if

specifically required) or amended by the Hong Kong Special

Administrative Region Government, acting under specific

authorisations from the Central People's Government.

3. Hong Kong has already signed separate ASAS with the

Netherlands, Switzerland, Canada, Brunei and France. The Hong

Kong/Netherlands ASA was signed on 17 September 1986. The UK

showed the initialled text of this, the first agreed draft, to

the Chinese who suggested a number of changes in order to avoid