TNAG-2880-FCO40-4152-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 35

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ARTICLE 5

Revocation or Suspension of Operating Authorizations

(1) Each Contracting Party shall have the right to revoke or suspend an operating authorization for the exercise of the rights specified in Article 3(2) of this Agreement by an airline designated by the other Contracting Party, or to impose such conditions as it may deem necessary on the exercise of those rights:

(2)

(a)

(b)

[in any case where it is not satisfied that that airline is incorporated and has its principal place of

business in the area of the other Contracting Party;

orl

[(i) in the case of the Government of the United Kingdom, in any case where it is not satisfied that that airline is incorporated and has its principal place of business in Hong Kong;

(ii) in the case of the Government of Hong Kong, in any case where it is not satisfied that substantial ownership and effective control of that airline are vested in the Government of the United Kingdom or its

nationals; or]

in the case of failure by that airline to comply with the laws or regulations normally and reasonably applied by the Contracting Party granting those rights; or

(c) if that airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.

Unless immediate revocation or suspension of the operating authorisation mentioned in paragraph (1) of this Article or imposition of the conditions therein is essential to prevent further infringements of laws or regulations, such right shall be exercised only after consultation with the other Contracting

Party.