TNAG-2537-FCO40-3708-Air-services-agreement-between-Hong-Kong-and-China-1992 — Page 14

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Mr Lovett AMD

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on 3 Aug. Wakeling. He will

From: C A Whomersley

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Legal Counsellor

K 266 270 3075

CM Date: 14 July 1992

CC: Mr Bunten, HKD

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Mr Glass, IAD, DTP

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NON-SCHEDULED HONG KONG FLIGHTS OVER PRC AIR SPACE:

CHICAGO CONVENTION

10

1. I refer to your minute of 10 July.

2.

I am not sure that in practice Article 5 of the Chicago Convention is applied in the manner which might be suggested in paragraph 8 of Hong Kong telno 1834, but I am not

that really matters. I also agree with you that the incident in September 1982 would appear to have involved a State aircraft, and thus Article 3(c) of the Chicago Convention would require prior authorisation for an overflight.

3.

However, it seems to me that there are really two aspects to this; the first is a political one, on which Mr Bunten may have views. And the second is a question of aviation practice and on this I suggest that you might consult the CAA to ask what their own practice would be in like circumstances, and whether they are aware of any prevailing international practice one way or the other.

CW7ABN

C.A. Whonesley

CA Whomersley