TNAG-2848-FCO40-4101-Air-services-agreement-between-Hong-Kong-and-Indonesia-1993 — Page 6

3-DEC-1993

12:34

BEJAK

18712

R

NOTE NO: 7 U

REULA

pa.

NOV 1993

ок

P.02

file

OK / Incl Gresia ASA

•Angkena l'Indonesia

ASA

IS AF.

10

வீம்

5/11

Her Britannic Majesty's Embassy present their compliments to the Department of Foreign Affairs of the Republic of Indonesia and have the honour to refer to the Department's note number d.0138/93/95 concerning the agreed record of Air Service talks between Indonesia and the United Kingdom, dated 11 September 1991.

The Department's note has been very carefully considered by the British Legal Authorities. Theydo not consider the

The Indonesian Agreement reached in 1991 as "ad referendum". Department of Foreign Affairs was represented at that meeting.

It is therefore not now possible Full agreement was reached.

to amend the text of Article 1.

The Embassy has difficulty in understanding the need for the definition requested by the Department of Foreign Affairs. Compromise solutions along the lines of the paragraph in the Air Services Talks record have already been found acceptable in the recent Double Taxation and Intellectual Property Agreements.

The Embassy is also puzzled by the reference in the Indonesian text to Article 1 of the Chicago Convention. Article 1 of the Convention deals with states' sovereignty over the airspace above their territory. It may be that this reference to Article 1 is a misprint, or that the intention

But in the latter case a separate was to refer to Article 2. difficulty arises which is that Article 2 defines a. "territory" and not an "area". The question of sovereignty does not arise.

·

Her Britannic Majesty's Embassy avail themselves of this

1