[Title] SINO-JAPANESE PROVISIONAL AIR AGREEMENT
Signed and exchanged on March 15, 1955;
Entered into force at same date.
(I) Note from Dr. Hollington K. Tong, Chinese Ambassador toJapan, to Mr. Mamoru Shigernitsu, Japanese Foreign Minister
Monsieur le Ministre,
I have the honour to refer to the conversations recently held between the representatives of the Governments of the Republic of China and Japan regarding the scheduled air services between and beyond both countries, and to confirm, on behalf of the Government of the Republic of China, the following arrangements agreed upon in the course of these conversations, which the Governments of both countries undertake to apply within the limits of their administrative powers:
1. The Government of the Republic of China shall authorize an airline or airlines to be designated by the Government of Japan to operate scheduled air services on the following commercial air routes:
(a) between Tokyo and Taipei via Iwakuni and Okinawa; and
(b) between Iwakuni and Taipei via Okinawa.
2. The Government of Japan shall authorize an airline or airlines to be designated by the Government of the Republic of China to operate scheduled air services on the following commercial air routes:
(a) betireen Taipei and Tokyo via Okinawa and Iwakuni; and
(b) between Taipei and Iwakuni via Okinawa.
3. The Government of the Republic of China agrees to grant permission to the airline or airlines to be designated by the Government of Japan to extend the air routes as specified in paragraph 1:
(a) to Hongkong, Saigon, and Bangkok and to such other points beyond as may be agreed upon later, and
(b) to Manila and to such other points beyond as may be agreed upon later,
with rights to take on passengers, cargo and mail for such points, and to discharge passengers, cargo and mail from such points, in Taipei.
4. The Government of Japan agrees to grant permission to the airline or airlines to be designated by the Government of the Republic of China:
(a) to extend the air route as specified in paragraph 2 (a):
(i) to Pusan, Seoul and to such other points beyond as may be agreed upon later, and
(ii) to a point in the United States of America to be agreed upon later, via intermediate points in the North Pacific, and to such other points beyond as may be agreed upon later,
with rights to take on passengers, cargo, and mail for such points, and to discharge passengers, cargo and mail from such points, in Tokyo; and
(b) to extend the air routes as specified in paragraph 2 (b) to Pusan, Seoul and to such other points beyond as may be agreed upon later, with rights to take on passengers, cargo and mail for such points, and to discharge passengers, cargo and mail from such points, in Iwakuni.
5. The frequency of flights will be decided upon by mutual consent between the aeronautical authorities of the two Governments.
6. On each of the routes and extended routes as specified above, the airline or airlines authorized to operate such route may operate nonstop flights between any of the points omitting stops at the intermediate points.
7. The rates to be charged for the carriage of passengers and cargo by the airlines authorized to operate the routes and extended routes shall be subject to the approval of the two Governments. Any new rate proposed by such airlines shall be filed for approval with the aeronautical authorities of the two Governments at least thirty (30) days before the proposed date of introduction.
8. The two Governments undertake to apply, in connection with the services specified above, the provisions set forth in the Convention on International Civil Aviation signed at Chicago on December 7, 1944.
9. Any airline of either country shall enjoy the following privileges in respect of scheduled international air services:
(a) to fly without landing across the territories of the other country; and
(b) to make stops in the territories of the other country for non-traffic purposes.
10. The arrangements set forth above will remain in force for a period of one year as from March 15, 1955, and shall be automatically extended for successive periods of one year each, unless either Government notifies the other ninety (90) days prior to the expiration of each period of one year, of its intention to terminate the arrangements. However, the present arrangements shall cease to be effective upon the conclusion between the two countries of an agreement relating to civil air transport as envisaged
in Article VIII of the Treaty of Peace between the Republic of China and Japan signed at Taipei on April 28, 1952.
I have the honour to request Your Excellency to be good enough to confirm the above-mentioned arrangements on behalf of the Government of Japan.
I avail myself of this opportunity to renew to Your Excellency, Monsieur le Ministre, the assurance of my highest consideration.
(Signed) Hollington K. Tong
His Excellency
Mr. Mamoru Shigemitsu,
Minister for Foreign Affairs
of Japan
II. Note from Mr. Mamoru Shigemitsu, Japanese Foreign Minister, to Dr. Hollington K. Tong, Chinese Ambassador to Japan
Monsieur l'Ambassadeur,
I have the honour to acknowledge receipt of Your Excellency's Note oftoday's date reading as follows:
"I have the honour to refer to the conversations recently held between the representatives of the Governments of the Republic of China and Japan regarding the scheduled air services between and beyond both countries, and to confirm, on behalf of the Government of the Republic of China, the following arrangements agreed upon in the course of these conversations, which the Governments of both countries undertake to apply within the limits of their administrative powers:
"1. The Government of the Republic of China shall authorize an airline or airlines to be designated by the Government of Japan to operate scheduled air services on the following commercial air routes:
(a) between Tokyo and Taipei via Iwakuni and Okinawa; and
(b) between Iwakuni and Taipei via Okinawa.
"2. The Government of Japan shall authorize an airline or airlines to be designated by the Governinent of the Republic of China to operate scheduled air services on the following commercial air routes:
(a) between Taipei and Tokyo via Okinawa and Iwakuni; and
(b) between Taipei and Iwakuni via Okinawa.
"3. The Government of the Republic of China agrees to grant permission to the airline or airlines to be designated by the Government of Japan to extend to the air routes as specified in paragraph 1:
(a) to Hongkong, Saigon and Bangkok and to such other points beyond as may be agreed upon later, and
(b) to Manila and to such other points beyond as may be agreed upon later,
with rights to take on passengers, cargo and mail for such points, and to discharge passengers, cargo and mail from such points, in Taipei.
"4. TheGovernment of Japan agrees to grant permission to the airline or airlines to be designated by the Government of the Republic of China:
(a) to extend the air route as specified in paragraph 2 (a):
(i) to Pusan, Seoul and to such other points beyond as may be agreed upon later, and
(ii) to a point in the United States of America to be agreed upon later via intermediate points in the North Pacific, and to such other points beyond as may be agreed upon later,
with rights to take on passengers, cargo and mail for such points, and to discharge passengers, cargo and mail from such points, in Tokyo; and
(b) to extend the air route as specified in paragraph 2 (b) to Pusan, Seoul and to such other points beyond as may be agreed upon later, with rights to take on passengers, cargo and mail for such points, and to discharge passengers, cargo and mail from such points, in Iwakuni.
"5. The frequency of flights will be decided upon by mutual consent between the aeronautical authorities of the two Governments.
"6. On each of the routes and extended routes as Specified above, the Airline or airlines authorized to operate such route may operate nonstop flights between any of the points omitting stops at the intermediate points.
"7. The rates to be charged for the carriage of passengers and cargo by the airlines authorized to operate the routes and extended routes shall be subject to the approval of the two Governments. Any new rate proposed by such airlines shall be filed for approval with the aeronautical authorities of the two Governments at least thirty (30) days before the proposed date of introduction.
"8. The two Governments undertake to apply, in connection with the services specified above, the provisions set forth in the Convention on International Civil Aviation signed at Chicago on December 7, 1944.
"9. Any airline of either country shall enjoy the following privileges in respect of scheduled international air services:
(a) to fly without landing across the territories of the other country; and
(b) to make stops in the territories of the other country for non-traffic purposes.
"10. The arrangements set forth above will remain in force for a period of one year as from March 15, 1955, and shall be automatically extended for successive periods of one year each, unless either Government notifies the other ninety (90) days prior to the expiration of each period of one year, of its intention to terminate the arrangements. However, the present arrangements shall cease to be effective upon the conclusion between the two countries of an agreement relating to civil air transport as envisaged in Article VIII of the Treaty of Peace between the Republic of China and Japan signed at Taipei on ApriI 28, 1952.
"I have the honour to request Your Excellency to be good enough to confirm the above-mentioned arrangements on behalf of the Government of Japan."
I have the honour to confirm the arrangements set forth in Your Excellency's Note on behalf of the Government of Japan.
I avail myself of this opportunity to renew to Your Excellency, Monsieur l'AInbassadeur, the assurance of my highest consideration.
(Signed) Mamoru Shigemitsu
His Excellency
Dr. Hollington K. Tong,
Ambassador Extraordinary and
Plenipotentiary of the Republic
of China