TNAG-2833-FCO40-4086-Air-service-agreements-between-Hong-Kong-and-other-countries-1993 — Page 52

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9 November 1993

Dear Jom

GRANTING OF AUTHORITY TO HONG KONG TO NEGOTIATE AIR SERVICES AGREEMENTS WITH NEW COUNTRIES

Thank you

you for sending me a copy of Shelagh Brooks' regarding the proposal to authorise Hong Kong to negotiate ASA'S advice with countries outside the separation programme, without individual approvals from the DOT. There seem to be two issues to address.

Firstly, I agree with Ms Brooks that we should ask HKG to inform us each time before they enter into negotiations of this sort and that this could be put into a covering letter.

Secondly, With regard to Ms Brooks concern that, following a blanket authorisation, HKG might choose to negotiate an ASA with a country where HMG has no diplomatic relations, I had rather assumed that this fell within the general relationship between the UK and HKG, being covered by the "terms of reference" of the Governor or the constitutional basis on which the Government in Hong Kong operates. A document relating to air services seems an odd place to put such a fundamental issue. If it is necessary, it seems to me that, in the run up to 1997, relevant wording must have been drawn up in respect to other matters where HKG are taking over our responsibilities. check with Rod Bunten in HKD.

Perhaps you could

If there is no such general protection inherent in HMG's relationship with HKG, and there is no existing form of words to rectify the situation, I am afraid I can offer no inspiration for the way in which the Entrustment could be rewritten to prevent HKG from negotiating with countries where we have no diplomatic relations. As Ms Brooks points out, there is no static list of countries in this group and thus they could not be written out of the Entrustment. Additionally, any requirement in Entrustment forcing HKG to check with the FCO whether there was the