TNAG-2848-FCO40-4101-Air-services-agreement-between-Hong-Kong-and-Indonesia-1993 — Page 3

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John Hall

Aviation & Maritime Department

Foreign & Commonwealth Office Whitehall

London

L

dear таи

My Ref:

Your Ref:

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181/19.

181/19

RECE

8 December 1993 STRY

2 DEL 1993

STRY

HONG KONG/INDONESIA AIR SERVICES ACRI

ÉREEMENT

I attach a copy of a letter from Mr Sands of SEAD to Michael Fielder covering a "Diplomatic" Note from the Indonesian Authorities. As you will see the Indonesians are once again seeking to claim that the definition of Territory is "ad referendum" and can therefore be amended.

This dispute has been going on for some time and, as it involves sovereignty (Timor) and the legal status of the draft ASA rather than air services issues, it has been mainly dealt with by the FCO (AMD,SEAD and Legal Advisers). Whilst we cannot comment on the appropriateness or legality of the Indonesian's compromise suggestion which must be for your legal advisers to determine, I can confirm that we can see nothing in the Indonesian Note to alter the legal advice previously obtained which stated that the Agreement reached in 1991 is not "ad referendum" and that it is not therefore possible to amend the text of Article 1. We would, of course, wish to see the legal advice on this most recent approach and have the opportunity to comment.

I am copying this to Mr Sands (SEAD), Mr Parker (Legal Advisers), Mr Bunten (HKD) and Mr Glass (HKG, with attachments).

yours

da

Ms JOANNE OTHICK

S6/09 X5415