TNAG-2848-FCO40-4101-Air-services-agreement-between-Hong-Kong-and-Indonesia-1993 — Page 14

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AUL 1993

WAY

CESTRY

DESK C INDEX

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FM FCO

TO ROUTINE JAKARTA

TELNO 189

AND TO ROUTINE

- OF 211142Z JULY 93

HONG KONG

INFO ROUTINE PEKING, DEPARTMENT OF TRANSPORT

YOUR TELNO 356: HONG KONG/INDONESIA AIR SERVICES AGREEMENT

1.

Having now studied the papers, including the helpful points in Hong Kong tel no 864, it is clear that the agreement in 1991 was not ad referendum as the Indonesian MFA was represented at the meeting. It was assumed therefore that full agreement had been reached. We cannot now amend the text of Article 1. The Indonesians can hardly argue that the definition they want to see is essential when they have accepted compromise solutions in the double taxation and copyright agreements.

2. A further point is that the reference to Article 1 of the Chicago Convention in the Indonesian text does not make sense. Article 1 of the Chicago Convention is entitled "Sovereignty" and provides that every state has complete and exclusive sovereignty over the air space over its territory. It may be that this reference to Article 1 is a misprint, but even if it was intended to refer to Article 2, the Indonesian text still does not make sense because in Article 2 it is "territory" not "area" which has a meaning assigned to it.

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44

AIR SERVICES

AMD

LEGAL ADVISERS

SEAD

DISTRIBUTION

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PS/Mr LENNOX-BOYD

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MR CROWE

MR BONE

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