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167156
MDHOAN 5748
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FM FCO
TO IMMEDIATE JAKARTA
TELNO 255
OF 19135OZ JUNE 91
INFO PRIORITY HONG KONG
21
HKC181/22
Pw
Hallindonesia. ASA?
YOUR TELNO 380: UK/INDONESIA BILATERAL AGREEMENTS: TERRITOIAL CLAUSES
1 INITIAL REACTION OF LEGAL ADVISERS (TO MEET YOUR DEADLINE) IS THAT INDONESIANS' INFORMAL SUGGESTION IN PARA 5 OF TUR WOULD NEED ADDITION OF REFERENCE TO INTERNATIONAL LAW IN ORDER TO LEAVE NO DOUBT ABOUT THE EAST TIMOR ASPECT. YOUR LINE SHOULD CONTINUE TO BE - AS YOU PROPOSE - TO PRESS THE INDONESIANS TO USE THE
LANGUAGE AGREED IN THE US DOUBLE TAXATION AGREEMENT. CAN THEY NOT BE PERSUADED THAT CONSISTENCY IS BOTH LOGICAL AND DESIRABLE?
2 THE IDEAS IN FCO TELNO 205 OF 13 MAY 1991 SUPPLEMENT THOSE IN PARKER'S MINUTE OF 20 JULY 1989 REPEAT 1989, AND MAY OFFER ADDITIONAL AMMUNITION. LEGAL ADVISERS ARE MEANWHILE CONSIDERING OTHER POSSIBLE FORMULATIONS. ONE POSSIBILITY MIGHT BE A REVISION OF THE INDONESIAN SUGGESTION IN TUR EITHER (A) TO DELETE 'EXERCISES' AND INSERT 'HAS', OR (B) TO REDRAFT IT SIMPLY TO READ
THE TERRITORY UNDER THE REPUBLIC OF INDONESIA'S SOVEREIGNTY'. SUCH WORDING WOULD BE AMBIGUOUS, AND IN PRINCIPLE ALLOWS EACH SIDE TO DERIVE THE INTERPRETATION IT WISHES. BUT YOU SHOULD REVEAL SUCH THINKING ONLY INFORMALLY, IF AT ALL, AT THIS STAGE.
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3 IN ANSWER TO PARA 6(B) OF TUR, THE UK ALLUDES TO INTERNATIONAL LAW WHEN NECESSARY IN DEFINING MARITIME AREAS BUT NOT EXPLICITLY IN RELATION TO THE CLAND) TERRITORY, WHERE UK SOVEREIGNTY IS IMPLICITLY ASSUMED TO BE IN ACCORDANCE WITH
INTERNATIONAL LAW. BUT EQUALLY, THE DEFINITION DOES NOT REFER EITHER TO THE UK'S OWN LAWS.
4 GIVEN THAT THE PROSPECTS OF ACHIEVING SOON AN AGREED AND WIDELY-APPLICABLE FORMULA STILL APPEAR UNPROMISING, IT MAY BE PREFERABLE TO CONCENTRATE FOR THE MOMENT ON THE ASA, WHERE THERE ARE ADDITIONAL CONSIDERATIONS (CONSISTENCY WITH ICAO PRECEDENT, AND THE SPECIFIC PROBLEM OF 'AREA' VERSUS 'TERRITORY' IN RELATION TO HONG KONG).
HURD
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