TNAG-2837-FCO40-4090-Air-services-agreement-between-Hong-Kong-and-Thailand-1993 — Page 8

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

ARTICLE 3

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Grant of Rights

(1) Each Contracting

Party

grants to the other Contracting

Party the following rights in respect of its international air services:

(a) the right to fly across its area without landing;

(b) the right to make stops in its area for non-traffic

purposes.

(2) Each Contracting Party grants to the other Contracting Party the rights hereinafter specified in this Agreement for the, purpose of operating international air services on the routes specified in the appropriate Section of the Annex to this Agreement. Such services and routes are hereinafter called "the agreed services" and "the specified routes" respectively.

While operating an agreed service on a specified route the designated airlines of each Contracting Party shall enjoy in addition to the rights specified in paragraph (1) of this Article the right to make stops in the area of the other Contracting Party at points determined for that route in accordance with the Annex to this Agreement for the purpose of taking on board and discharging passengers, baggage and cargo, including .mail, separately or in combination.

to

(3) Nothing in paragraph (2) of this Article shall be deemed confer on the designated airlines of one Contracting Party the right to take on board, at points in the area of the other Contracting Party, passengers, baggage and cargo, including mail, carried for hire or reward and destined for another point in the area of that other Contracting Party.

or

(4) I f because of armed conflict, political disturbances or disruptive developments,

special and unusual circumstances, the designated airline(s) of one Contracting Party is unable to operate a service on its normal routeing, the other Contracting Party shall use its best efforts to facilitate the continued operation, of such service through appropriate temporary rearrangements of routes.

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ARTICLE 4

- 5

Designation of and Authorisation of Airlines

(1)

one

:

Each Contracting Party shall have the right to designate or more airlines for the purpose of operating the agreed services. Such designation shall be effected by written notification between the aeronautical authorities Contracting Parties.

of both

(2) On receipt of such a designation the other Contracting Party shall, subject to the provisions of paragraphs (3) and (4) of this Article, without delay grant to the airline or airlines designated the appropriate operating authorisations.

(3) Each Contracting Party shall have the right to refuse to grant the operating authorisations referred to in paragraph (2) of this Article, or to impose such conditions as it may deem necessary on the exercise: by a designated airline of the rights specified in Article 3 (2) of this Agreement, in any case where such Contracting Party is not satisfied that that airline is incorporated and has its principal place of business in the area of the other Contracting Party.

(4) The aeronautical authorities of one Contracting Party may require an

airline designated by the other Contracting Party to satisfy them that it is qualified to fulfil the conditions prescribed under the laws and regulations normally applied to the operation of international air services by such authorities in conformity with the provisions of the

Convention.

(5) When an airline has been so designated and authorised it may begin to operate the agreed services, provided that the airline complies with the applicable provision's of this

Agreement and that tariffs established in accordance with the provisions of Article 9 of this Agreement are in force.

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ARTICLE 5

6

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Revocation or Suspension of Operating Authorisation

(1) Each Contracting Party shall have the right to revoke or suspend an operating authorisation for the exercise of the rights specified in Article 3(2) of this Agreement by an airline designated by the other Contracting Party, or to impose such conditions as it may deem necessary on the exercise of these rights:

(a) in the case where it is not satisfied that that airline is incorporated and has its principal place of business in the area of the other Contracting Party; or

(b) in the case of failure by that airline to comply with the law's or regulations of the Contracting Party granting those rights; or

(c) if that airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.

(2) Unless immediate revocation ΟΙ suspension of the operating authorisation or immediate imposition of the conditions therein mentioned in paragraph (1) of this Article is essential to. prevent further infringements of laws or regulations, such right shall be exercised only after consultation with the other Contracting Party.

R.S.

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