TNAG-2311-FCO40-3355-Air-services-between-Hong-Kong-and-Indonesia-1991 — Page 60

CONFIDENTIAL

FM JAKARTA

TO IMMEDIATE FCO

TELNO 474

OF 02045OZ AUGUST 91

CONFIDENTIAL

HKCC181/22

37

146622

MDHIAN 7591

Ra. CS

INFO IMMEDIATE HONG KONG

36

34

YOUR TELNO 326 AND HONG KONG TELNO 2430: UK/INDONESIA BILATERAL AGREEMENTS

1.

THANK YOU FOR YOUR TUR. IN CASE THERE IS ANY CONFUSION, THE TEXT WHICH WIJAKSANA IS PREPARED TO RECOMMEND IS EXACTLY THAT IN PARA 8 OF OUR UN TEL OF 1 AUGUST. THE WORDS 'IN ACCORDANCE WITH INTERNATIONAL LAW' HAVE ALREADY BEEN OMITTED FROM THE FIRST HALF OF THE SENTENCE, AS SUGGESTED BY THE INDONESIANS. THE SAME PHRASE AT THE END OF THE SENTENCE STANDS. THE FIRST HALF WE HAD AUTHORITY TO ACCEPT (PARA 1 (IV) OF YOUR TELNO 301). THE SECOND HALF IS IDENTICAL TO THAT PART

OF THE COMBINED US/FRG TEXT WE ORIGINALLY PROPOSED (PARA 5 OF OUR 380). WITH THIS CLARIFICATION I TRUST THERE IS NO PROBLEM IN OUR

CONFIRMING TO THE INDONESIANS THE TEXT'S ACCEPTIBILITY TO US.

2. THERE SEEMS TO BE SOME MISUNDERSTANDING OF OUR UN TEL IN HK TUR. WE HAVE NOT RAISED, NOR DISCUSSED WORDING FOR, THE HK/INDONESIA ASA. THE ONLY TEXT ON THE TABLE IS THAT PROPOSED IN THE DRAFT ASA PROVIDED TO THE INDONESIANS BY HONG KONG, IE THE STANDARD HONG KONG FORMULA, REFERRING TO ARTICLE 2 OF THE CHICAGO CONVENTION. THE RELEVANCE OF

MY CONVERSATION WITH WIRYONO IS THAT THE INDONESIANS HAVE EXPLICITLY ACCEPTED READ-ACROSS, IN THE SENSE THAT EARLY RESOLUTION OF THE DTA TERRITORIAL CLAUSE SHOULD LEAD AUTOMATICALLY TO RESOLUTION OF THE CLAUSES FOR THE COPYRIGHT AGREEMENT AND HK ASA, NOT THAT THERE SHOULD BE IDENTICAL TEXTS.

3. THE REASONING IN PARA 9 OF OUR TELEGRAM IS THAT STEERING THE

INDONESIANS TOWARDS THE TEXT IN PARA 8 OF THAT TELEGRAM AVOIDS DIFFICULTIES WITH UNLOSC AND HENCE SIDE LETTERS, IN THE DTA. AND USE OF THE FORMULA 'UNDER THE SOVEREIGNTY OF' SHOULD MAKE READ ACROSS TO

THE VERY SIMILAR WORDING IN ARTICLE 2 OF THE CHICAGO CONVENTION MUCH EASIER. WE ARE NOT/NOT SUGGESTING ANY CHANGES TO THE PROPOSED ASA WORDING. WE ARE MERELY TRYING TO ENSURE THAT EVENTUAL AGREEMENT ON OUR (IE UK/HK) PROPOSED ASA TEXT IS AS AUTOMATIC AS POSSIBLE.

CARRICK

1

PAGE

CONFIDENTIAL

Page 60Page 61