1.
1
SPEAKING NOTE
HONG KONG/REPUBLIC OF KOREA AIR SERVICES
During the negotiations on the Sino-British Joint
Declaration on the Question of Hong Kong, which was signed in
December 1984, the Chinese side made it clear that international
rights and obligations affecting Hong Kong under UK treaties
could not survive in that form after 30 June 1997 (from which
date China will resume sovereignty over Hong Kong). These
include rights and obligations relating to scheduled air services under the relevant UK Air Services Agreements (ASAS).
2.
In order, therefore, to ensure that there could be
continuity of scheduled air services to and from Hong Kong from 1 July 1997, the United Kingdom explained to China that it would
separate into two agreements each UK ASA that included Hong Kong
routes. The separated agreement covering Hong Kong routes would
be signed by the Hong Kong Government on the authority of the UK Government on the one side and by the Government of the country
concerned on the other side, and would deal
would deal with scheduled services on routes between that country and Hong Kong. Services on routes between the UK and that country would, of course, continue to be governed by the ASA signed by the UK Government.
3.
On the basis that, prior to 1997, such separate ASAS between Hong Kong and its aviation partners would have been established, and that those ASAS would be capable of continuing in force beyond 30 June 1997, the UK and Chinese Governments agreed Section IX of Annex I to the Joint Declaration on the Question
of Hong Kong (copy attached).
The Hong Kong Special Administrative Region, which Hong Kong will become with effect from 1 July 1997, is to enjoy a high degree of autonomy. Hence provision in the Joint Declaration for it to have, inter alia, its own ASAS.
In order to pave the way for a smooth transition in 1997, the United Kingdom has begun the process of negotiating separate
4.
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