TNAG-2537-FCO40-3708-Air-services-agreement-between-Hong-Kong-and-China-1992 — Page 5

CODE 18 77

Mr Whomersley Legal Counsellor

Mr Lovett (AMD)

I

Reference..

per

cc: Mr Bunter Mc Glass

14

are

agree with

your paragraph 3 below. If you writing to Hong Kong, grateful if you would clear with me in draft.

CAW NON-SCHEDULED HONG KONG FLIGHTS OVER PRC AIRSPACE: CHICAGO 1/92.

CONVENTION

(8)

1. Please refer to your minute of 17 August and previous papers (copies attached). I apologise for the delay in replying. The papers seem to have slipping into a black

hole.

2. The CAA say that the normal international practice for aircraft wanting to fly to another country is for the operator of the aircraft to file a flight plan with the CAA of the departure country. This is circulated to the Flight Information Regions of the transit and arrival countries, and permission to undertake the flight is given by the CAA by the departure country providing there are no objections from the other authorities.

3.

There are no sovereign permissions involved in this process. The current arrangements in Hong Kong, on the other hand, appear to be based on political considerations which are not normally applied by Civil Aviation Authorities. It is not clear whether Hong Kong operate this arrangement over and above the normal flight plan arrangements described in paragraph 2 above, but I assume they do.

-

flagged (Para 7 of Hong Kong telno 1834 - suggests this is the case. The Commercial Services referred to must file some kind of flight plan). In that case, the question of whether or not Hong Kong should continue to operate this rule would appear to be a political one.

Sim Lovett

S J Lovett

Aviation and Maritime Department

E02

270 2623

HKD

IAD

cc: Mr Bunten,

Mr Glass,

HKC 181/6.

28 October 1992