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4.
DAYS TWO AND THREE WERE DEDICATED TO A DETAILED ARTICLE- BY-ARTICLE CONSIDERATION OF THE ASA TEXT. WE ARGUED THAT IN ORDER TO FACILITATE CLEARANCE WITH THE CHINESE, THE HONG KONG TEXT SHOULD BE FOLLOWED, PARTICULARLY IN THE KNOWN AREAS OF SENSITIVITY FOR THE CHINESE BUT ALSO, AS FAR AS POSSIBLE IN THE INTERESTS OF MODERNITY, WHERE THERE WAS NO SUBSTANTIVE DIFFERENCE. THE JAPANESE WERE EQUALLY ADAMANT IN STICKING TO THEIR TEXT, BASED ON THE UK/JAPAN ASA, ARGUING THAT ANY DEPARTURE WOULD CREATE DIFFICULTIES IN OBTAINING THE NECESSARY APPROVAL FOR THE LEGAL OFFICE OF THE CABINET AND THE DIET. BY THE END OF THE THREE DAYS' DISCUSSIONS, WE HAD MANAGED TO AGREE ON ONLY THE TITLE OF THE ASA AND THE ARTICLE ON REGISTRATION WITH ICAO, WITH THE REST BRACKETED FOR FURTHER CONSIDERATION.
5. WE SUGGESTED A FURTHER ROUND IN HONG KONG IN THE NEAR FUTURE
BUT WERE TOLD THAT COMMITMENTS ON THE JAPANESE SIDE MEANT JANUARY WOULD BE THE EARLIEST POSSIBLE TIME FOR A RESUMPTION.
6.
ALTHOUGH WE DID NOT MAKE AS MUCH PROGRESS ON THE ASA TEXTS AS WE MAY HAVE LIKED, THE MEETING WAS USEFUL IN CREATING SOME MOMENTUM FOR THE EXERCISE AND IN CLARIFYING FOR BOTH SIDES WHAT IS AND IS NOT NEGOTIABLE. THE JAPANESE APPEAR MORE RELAXED ABOUT THE QUESTION OF ASA SEPARATION THAN BEFORE, BUT THEY HAVE YET TO RECOGNISE THAT THE CONSTRAINTS THAT HAVE BEEN PLACED ON HONG KONG'S NEGOTIATING POSITION ARE MORE STRINGENT THAN THOSE ARISING OUT OF THE JAPANESE BUREAUCRACY.
7.
SHOULD SUITABLE OPPORTUNITIES ARISE IN LONDON OR TOKYO FOR CONTACT WITH MFA OFFICIALS, GRATEFUL FOR THESE POINTS TO BE MADE. IT MIGHT ALSO BE STRESSED THAT TIME IS FAST RUNNING OUT FOR AN ASA TO BE NEGOTIATED, CLEARED, SIGNED AND RATIFIED BEFORE 1997.
PATTEN
YYYY
ΜΑΙΝ
39
.AIR SERVICES
AMD
LEGAL ADVISERS
DISTRIBUTION
43
PS
PS/MR LENNOX-BOYD PS/PUS
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