TNAG-2537-FCO40-3708-Air-services-agreement-between-Hong-Kong-and-China-1992 — Page 20

CODE 18-77

Mr Whomersley Legal Counsellor

HKC 181/6

Reference

R&R.

Nis 13/8

NON-SCHEDULED HONG KONG FLIGHTS OVER PRC AIR SPACE: CONVENTION

1.

CHICAGO

HKC 181/35 3

Please refer to your minute of 14 July.

2. On the question of prevailing international practice on overflights, a scan of the CAA's guide to foreign overflight procedures (CAP 555) shows that about 92 States require prior permission for non-scheduled overflights, while about 47 do not. The 92 permission-seeking States include China (and, it seems, Hong Kong, although their entry in CAP 555 (attached) is a bit obscure on this requirement). Some of these States refer to prior "permission" and "authorisation", while some refer only to "notification", and it would be fair to assume that while some States apply the requirement for reasons of national security and/or sovereignty, others do so merely for facilitation and safety reasons. Some States, including China, require clearance to be obtained through diplomatic channels. Other States do not.

3.

The practice of requiring prior permission is, however, clearly very common, and I assume this is not inconsistent with Article 5 of the Chicago Convention. If this is so, given that China's requirements have been clearly promulgated (attached) and that it appears that Hong Kong also requires prior permission for overflights, I would have thought the only advice we could give Hong Kong would be to follow existing Chinese requirements, which would appear to need prior permission of all flights, including those for which Hong Kong do not currently seek clearance (para 7 of Hong Kong telno 1834 refers).

4.

We have not yet seen a copy of the promised 1971 FCO letter setting out a policy on this, but I doubt whether it would be of much use now.

Shima Lonel

S J Lovett

Aviation and Maritime Department

E216

270 2623

CC: Mr Bunten, HKD "

Mr Glass, IAD, DOT

10 August 1992