TNAG-2855-FCO40-4108-Hong-Kong-compensation-claim-regarding-Korean-Air-Lines-Flig-1993 — Page 280

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

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THE ICAO SECRETARY-GENERAL. FOLLOWING CONSIDERATION OF THE

REPORT, THE ICAO COUNCIL ON 6 MARCH 1984 ADOPTED OVERWHELMINGLY (20 FOR, 2 AGAINST, 9 ABSTENTIONS) A RESOLUTION WHICH:

5.

RECOGNISED..THAT NO EVIDENCE HAD BEEN FOUND TO

INDICATE THAT THE AIRLINER'S DEVIATION WAS PRE-

MEDITATED OR THAT THE CREW AT ANY TIME WAS AWARE

OF THE FLIGHT'S DEVIATION:

CONDEMNED THE USE OF ARMED FORCE WHICH RESULTED IN

THE DESTRUCTION OF THE AIRLINER AND TRAGIC LOSS OF

269 LIVES: AND

DEEPLY DEPLORED THE SOVIET FAILURE TO COOPERATE IN

THE SEARCH AND RESCUE EFFORTS OF OTHER INVOLVED

STATES, AND THE SOVIET FAILURE TO COOPERATE WITH

THE ICAO INVESTIGATION OF THE INCIDENT BY REFUSING

TO ACCEPT THE VISIT OF AN INVESTIGATION TEAM APPOINTED BY THE SECRETARY-GENERAL, AND BY FAILING TO PROVIDE THE SECRETARY-GENERAL WITH INFORMATION RELEVANT TO THAT INVESTIGATION.

WE PLAYED A MAJOR ROLE IN WORKING FOR THE AMENDMENT TO THE CHICAGO CONVENTION (APPROVED UNANIMOUSLY BY THE ICAO ASSEMBLY IN MAY 1984) WHICH RECOGNISED THAT FORCE MAY NOT BE USED AGAINST CIVIL AIRCRAFT.

6. THE VICTIMS INCLUDED 14 BRITISH CITIZENS, OF WHOM 13 CAME FROM HONG KONG. WE MADE IT CLEAR TO THE RUSSIANS WITHIN A FORTNIGHT OF THE SHOOTING DOWN THAT HMG EXPECTED THE SOVIET GOVERNMENT TO MEET ITS OBLIGATION TO PROVIDE FULL COMPENSATION FOR THE LOSS OF LIFE AND PROPERTY. WE ARE WORKING TOGETHER WITH THE HONG KONG ADMINISTRATION ON A DETAILED CLAIM WHICH, GIVEN THE KIND OF PERSONAL DETAILS TO BE INVESTIGATED, INEVITABLY TAKES A GREAT DEAL OF TIME. THIS WILL BE PRESENTED

WITHIN THE NEXT FEW MONTHS. THE RUSSIANS HAVE NOT SO FAR

ACCEPTED LIABILITY.

RIFKIND

FCO/WHITEHALL

INFO D

ODA

ADDITIONAL DISTN. GUIDANCE

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