TNAG-2314-FCO40-3358-Air-services-between-Hong-Kong-and-Australia-1991 — Page 50

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

GOVERNMENT KUUSE HUNG KUNG

91 11-11 11:48

PHGE ØS

Article 14

Article 16

Koute Schedule

As you

a

CONFIDENTIAL

VI

were announced by CAD). To cut

long story short, since we could not agree on the definition and since the Australian side would not agree to delete the Article in its entirety, we compromised as per the initialled text. The title of the Article was changed in line. with Article 15 of Chicago, thereby giving the provision some direction. It 15 not a particularly good outcome but if we have an argument with the Australians over airport charges then we will probably be in dispute with at least some of our other partners and all other ASAS todate contain the full model text. Thus a read across will exist. But for completeness I should mention that at the time Joanne Foakes (LO(IL)) considered the provision to be imperfect and still continues to feel that way.

Consultation.

This contains a small amendment to allow "formal" consultation by correspondence but: there is по difference of substance.

Amendment.

wording is slightly expanded to take account. of all known (and any unknown) Australian constitutional

procedures, it says no more than Article 16(1) of the Brunei ASA.

In essence

Note 2 has been reworded once again to take

the Australian peculiarities.

account

constitutional

France).

of

(c.f.

NULC says much the same thing but more positively (c.f. France).

know, the main purpose of giving the Chinese а "note on differences" is to draw attention to those variations from the model which are substantive and which they have not seen before. On this basis I consider the

in

only differences worth mentioning are those contained Articles 7(1), 12 and 13 and I have drafted the enclosed

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