Government Of The Republic Of China Hong Kong Special Administrative Region Air Transport Agreement Between The Government Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. Subsequent Changes, If Any

Original Language Title: TÜRKİYE CUMHURİYETİ HÜKÜMETİ İLE ÇİN HALK CUMHURİYETİ HONG KONG ÖZEL İDARİ BÖLGESİ HÜKÜMETİ ARASINDA HAVA TAŞIMACILIĞI ANLAŞMA Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değiş

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k4598.html

Law No. 4598

Acceptance Date: 11/02/2000



Article 1 - which was signed in Ankara on April 2, 1998. "The Government of the Republic of Turkey and the People's Republic of China Hong Kong Special Administrative Region Air Transport Agreement between the Government" has been used in the validation of.
Article 2 - This Law shall enter into force on the date of publication.
Article 3 -This Law shall be enforced by the Council of Ministers.



THE GOVERNMENT OF THE REPUBLIC OF TURKEY



China HONG KONG SPECIAL ADMINISTRATIVE REGION AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF


China and the Republic of Turkey
Hong Kong Special Administrative Region ( "Hong Kong Special Administrative Region") (hereinafter "the Contracting Parties" called)

Including an air transport agreement in order to determine the principles of contractual,

Agreed on the following:
ARTICLE 1



Definitions
Unless otherwise text content, as the purpose of this Agreement:

A) "aeronautical authorities" means the Minister of Transport with regard to the Republic of Turkey, Hong Kong in terms of Special Administrative Region Civil Aviation Director and for each case, refers to any person or entity authorized to make available or other functions of the authorities mentioned above;

B) "has been designated airline", the term has been defined in accordance with Article 4 of this Agreement and the third refers to the airline company which has been authorized;

C) "area" means, with regard to the Republic of Turkey on 7 December 1944 signed at Chicago International on Civil Aviation Convention, Article 2 of the "country" with Hong Kong in terms of Special Administrative Region "Hong Kong Island, Kowloon and the New Territories "he means;

D) "air transport service", "international air transport service", "airline" and "landing outside traffic purposes" terms, meaning registered in the 96 th Article of contract referred to above;

E) "this Agreement" means the Agreement and the Additional Agreement or include amendments to the Annex.
Article 2

The Chicago Convention on International

Provisions Applicable to Air Navigation


This Agreement implementing the Contracting Parties December 7, opened 1944 on the signature at Chicago International Civil Aviation Convention, Annex with made to the Convention or Annex and according to both Contracting Parties to the interests change provisions, those provisions of the international air services to the extent they are applicable, they will move.

Article 3



Recognition of Rights
1. Each Party recognizes the following rights in terms of international air services of the other Contracting Party;

A) inmeksiz the right to fly over the region;

B) of the right to land for traffic purposes outside.

2. Each Contracting Party to this Agreement for the purpose of other âkittaraf addition to the operating international air services on the routes specified in the relevant section gives the following rights in the text of the Agreement. This time, and in line with the order of this text hereinafter "the agreed services" and "specified routes" referred to as. Agreed on a time specified a line thick executing each Contracting Party of this Article (1) In addition to the rights set forth in paragraph in the other Contracting Party in accordance with this Agreement Additional it apart even in determined points separately or together, to get cargo, including passengers and mail and to empty
landing will be entitled to.
3
. This Article (2 Nothing in clause), the designated airline of the Contracting Party, passengers on board in order to transport for hire or reward to another point from a point of the other Contracting Party and including the mail incomprehensible as granting the right to take charge.

4. Armed conflict, political turmoil or developments, or special and unusual circumstances because of a Contracting Party designated airline business at a time does not operate telecommunications over the normal route, other âkittaraf will strive its utmost by making suitable temporary new regulations in line to facilitate the continued operation of such a time.
Article 4

Determination and Empowerment of Airline


1. Each Contracting Party for the purpose of the other Contracting Party to the agreed time line specified in the company to appoint one or more airlines in writing, and this determination shall be entitled to take back or change.


2. When such a determination Other âkittaraf received notification of this Article (3) and (4) the provisions of paragraphs will give the relevant authority without delay to the designated airlines of business enterprises or enterprises subject to.
3
. (A) The Republic of Turkey is the place of establishment of a designated airline business and administrative center is satisfied that the Special Administrative Region of Hong Kong where, of this Article (2) refusal to grant the operating authorization referred to in paragraph or the airline of this Agreement 3 (2) of Article records it deems necessary to the exercise of the rights will be putting right.

(B) the Hong Kong Special Administrative Region, a designated airline of the primary ownership and effective control of the Government of Turkey or nationals of where satisfied that found in the hands of this Article (2) refusal to grant the operating authorization referred to in paragraph or this airline operation of this Agreement 3 (2) records it deems necessary to the exercise of the rights referred to in Article shall have the right place.

4. Contracting one of the aeronautical authorities of the Parties from an airline designated by the other Contracting Party may want to satisfy themselves regarding which of these authorities in the operation of international air navigation normal and laws as they apply reasonable and conferred qualifications to fulfill the prescribed requirements in the regulations.

5. After an airline authorized to be appointed in this way, the extent to comply with the relevant provisions of this Agreement, may begin operating the agreed services.
Article 5


Authority Revocation or Suspension of Operation

1. Of each of the Contracting Parties, the following cases, the other Contracting Parties designated by an airline of this Agreement 3 (2) to cancel the operation authority which granted to use the rights specified in Article or suspend or records it deems necessary to the exercise of these rights will be putting right:

A) (i) The Government of the Republic of Turkey in terms of the place of establishment of the airline business and administrative center that Hong Kong Special Administrative Region is to be satisfied that; or

(Ii) that the Hong Kong Special Administrative Region in terms of the merits of airline ownership and effective control of the Republic of Turkey or the Government is satisfied that the company in the hands of nationality;

B) that airline company of his failure to comply with the laws and regulations of the Contracting Party granting these rights; or

C) It's another way to do business in accordance with the conditions set forth in this Agreement, the airline business.

2. This Article (1) of the authorized company referred to in paragraph cancellation or suspension or records made immediately process the set of points of law or regulations is not essential to prevent further infringements, this right shall only be used after consultation with the other Contracting Party.
Article 6


Agreed Principles of Regulating the Operation of thick Expedition

1. The airline company will be given fair and equal opportunities to designated Contracting Parties to operate the agreed services on the specified routes.

2. Stay in the operation of the agreed time, the designated airlines of each Party to the interests of the designated airline of the other Contracting Party; It will consider all or part of the same line by the unfair influence of time on.
3
. Contracting Party has been designated the airline expeditions agreed that they provide the enterprise, to meet with the current and a reasonable load factor reasonably needs anticipated specified line will be on closely related to people's transport needs and the airline started in the country who determine the company or the passengers and mail, including cargo transport for there capacity will provide essential purpose. The designated airline of that Contracting Party at the points on the specified routes other than points in the plane received and discharged passengers and the transport of cargo, including mail, will be about the capacity will be based on the following principles:

A) the need for two-way traffic of the airlines of the Contracting Parties have been designated;

B) agreed that the region is going through the thick air time and other time traffic needs to also take into account the state-run airline companies covering that region; and

C) all airline business needs.


4. Capacity to be provided on the specified routes shall be as mutually agreed from time to time jointly by the relevant authorities of the Contracting Parties.
Article 7

Tariffs


1. "Rate" refers to one or more of the following meanings:

A) airline fees charged for the scheduled air transportation of passengers and their baggage by enterprises and wages and conditions of service which helps it move;

B) the burden on scheduled air services by the airline (excluding mail) fees charged for transportation;

C) the conditions governing the availability or applicability of the charges and including the gain associated with them; and

D) the rate of commission paid in exchange for tickets sold or filled with air waybill for transport by an airline in scheduled air services to an agency business.

2. Contracting Republic of Turkey by the airline companies designated by the parties and the Hong Kong Special Administrative Region to apply for transportation to be made between tariffs, both Contracting approved by the Parties to the aeronautical authorities of that tariff and the cost of the agreed services, the interests of users, reasonable profit and the same line all or a portion of at the time that the other airline companies considering all relevant factors, including tariffs will have been determined at a reasonable level.
3
. This Article (2) The tariffs referred to in paragraph requesting the approval of tariffs and the whole or airline companies designated Contracting Party that may consult their time doing other airline operating on a portion of the same road before proposing such tariffs may agree. However, a designated airline business, did not receive the agreed schedule of the assigned other airline or plying on the same line to present proposals for reasons of lack of another designated airline business, alıkonamaz for approving the aeronautical authorities of the Contracting Parties. This article and the previous "same line" with references to names are not specified line, it means run line.

4. Republic of Turkey and the Hong Kong Special Administrative airline Zone between designated requesting the approval of any tariff proposed for transport enterprises or businesses, the Contracting Parties to this article through aviation authority (1) matters referred to in paragraph shall offer in the way they might want to separate the aviation authority. The proposed tariff of 45 days from the date of commencement of operation (or a shorter period may agree aeronautical authorities of the Contracting Parties) will be notified in advance. The proposed tariff shall be deemed to have been submitted on the date it is received by the aeronautical authorities of the other Contracting Party.

5. Any tariff proposed, of this Article (4) provided it is submitted pursuant to paragraph, a Contracting Party can be confirmed at any time by the aeronautical authorities and 21 days from the date it was submitted (or aircraft of the Contracting Parties may agree to
authority over a shorter period ) within a Contracting Party to the aeronautical authorities of the other Contracting Party to the aeronautical authorities rejected unless there is a written notice to the effect that the tariff proposed, aviation authorities of the Contracting parties shall be deemed approved.

6. A red notification of this Article (5) given according to paragraph, the aeronautical authorities of the Contracting Parties may establish joint tariff. For this purpose, the Contracting Parties rejection notice may request made in consultation from the date of issue of 30 days between the aeronautical authorities of the Contracting Parties and that consultations are also held for 30 days from the date the other Contracting Party receives the request.

7. A tariff is a Contracting this by Parties to the aeronautical authorities of Article (5) rejected by paragraph and the Contracting Parties of the aviation authorities of this Article (6) if they are unable to pinpoint joint tariff under paragraph, the dispute be settled according to the provisions of Article 15th of this Agreement.

8. This Article (9) According to the article, a tariff determined in accordance with this Article shall remain in force until the determination of a tariff could replace him.

9. Reconciliation of both Contracting Parties may agree aviation authority and outside time, this time the effect of a tariff Article (8) due to the paragraph:

A) If there is an end date schedule, then more than 12 months after the date;


B) if there is no end date for the tariff, a Contracting Party by the designated airlines of the Contracting Parties after the date of the submission of a tariff change to aviation authorities more than 12 months

Will not be extended.

10. (A) The Republic of Turkey and another State in the tariff to be applied to the Hong Kong Special Administrative Region of the designated airline enterprises of to transport the Republic of Turkey and if the other State should also be subject to approval by the aviation authorities. The Republic of Turkey and the Hong Kong Special Administrative Region other than a State of tariffs to be applied by the airline Operator assigned the Republic of Turkey to move, the Hong Kong Special Administrative Region and the case of the other State should also be subject to approval by the aviation authorities.

B) any tariff proposed for such a move by the aeronautical authorities of the other Contracting Party shall be submitted to the designated airlines of the Contracting Parties who want the approval of this tariff. This Article (1) 90 days before the date manner and offered might want these aviation authorities to reveal the aforementioned details in paragraph (or a shorter period they may agree) it shall be submitted within not less. Offers will be deemed to have been submitted on the date the tariff is received by the aviation authorities.

C) Such a tariff, provided that the Contracting Parties aviation authorities acknowledged at any time and from the date the offer is filed in a written notice claiming that denied the company a designated airline of asking for confirmation within 30 days approved by those authorities it will be considered.

D) and approved by the aeronautical authorities of one Contracting Party or considered themselves confirmed the approval of such a tariff, tariff 90 to this implements the designated airline business can get back by means of a daily alarm. An operator will stop the implementation of the tariff at the end of this period.

11. This Article (5) and (10) (c) Notwithstanding paragraph provisions, presented to them by an airline designated aviation authority of a Contracting Party and wake of an airline designated Contracting Party to the tariff which applies to a time comparable between the same points (such price level, and appropriate in terms of the expiration date, but are not required to comply with terms of a route being used tariff) or he will refuse to offer a tariff which is more restrictive or higher than that tariff.
Article 8



Customs Duties
1. designation of a Contracting Party shall be the airline management as of the usual equipment of the operation of aircraft in international voyages, fuel, oil, consumables capable technical supplies, engines, including spare parts and on board (food, beverages and tobacco, but not limited to, included) aircraft stores, the other Contracting Party reciprocity on the basis of , provided they remain within the plane of the usual equipment and other material items like this, from all customs duties, sales and consumption of services provided on arrival, will be exempted from taxes and similar fees and charges not based on the cost.

2. Other Contracting Parties of a Contracting Party by the designated airline business or inserted his name or designated airline operating the enclosed operated by aircraft usual equipment, fuel, oil, consumables capable technical supplies, engines, including spare parts, (food, casings and tobacco, but including not limited to) aircraft stores, printed ticket stock, air consignments, bearing the marks of an airline designated a Contracting Party printed material and that designated by the operator distributed free of the usual advertising material other Contracting Party reciprocity from all customs duties on the basis of sales and consumption is not based on the tax and the cost of services provided on arrival similar fees and charges, the usual equipment and other material items like this, even if it will be used in any part of the trip will be held on the area of ​​the other Contracting Party shall be exempt.
3
. The usual hardware and of this Article (1) and (2) other material items referred to in paragraph may need to be kept under the custody and control of the customs authority of the other Contracting Party.


4. The usual hardware and of this Article (1) Other material items mentioned in paragraph downloaded to the other Contracting Party with the permission of the customs authority of the other Contracting Party. This is the usual items and supplies in case of reciprocity on this Article
(1) obtained lumps or otherwise exported again according to the customs legislation of the immunity granted by paragraph will benefit until it is removed. However, until the other Contracting Party of the customs authorities at the time that the usual items and supplies may want to remain under their custody.

5. A Party in direct transit of baggage and cargo from customs duties, from sales and consumption tax is not based on the cost of services provided on arrival, and similar fees and charges will be exempt.
Article 9



Aviation Security
1. Each Contracting Party the other Contracting Party to protect the security of civil aviation against acts of unlawful interference requirements as confirmed as an integral part of this Agreement. Each Contracting Party shall in particular September 14 Committed in the 1963 Special Crimes and the Tokyo Convention on Certain Other Actions December 16, the Hague Convention for the Prevention of Hijacking with illegal roads 1970 Aircraft and September 23, 1971 on Civil Aviation appropriate action to the Montreal Convention provisions for the Suppression of Unlawful Acts Against the Safety It will be.

2. Each Contracting of civil aircraft on the Party to demand that they seized illegally and air vehicles, passengers and against the safety of airports of the crew and air seyfüsef facilities and civil aviation of any other Contracting Party any assistance necessary to prevent threats to security will be provided.
3
. The Contracting Parties shall, in their mutual relations, on 7 December 1944 opened to signature on International Civil Aviation Convention, International Annexes Civil Aviation Organization (Annexes) will act in accordance with the provisions dealing with aviation safety regulation under the name. Each Party will require operators of aircraft of their registry or central office or permanent residence to act in accordance with such aviation security provisions of airport operators in the aircraft operators in their territory and the region.

4. Access the other Contracting Party, each Contracting Party of the aircraft operator, the exit or substance that the other Contracting Party during his stay in this (3) agrees to comply with the aviation security provisions referred to in paragraph may be requested. Each Party shall protect the aircraft and the passengers, crew, handheld pieces of luggage, before and during the denied boarding or loading of cargo and aircraft stores will allow the implementation of adequate measures are in for examination. Each of the Contracting Parties in order to meet a specific threat, any request will be made towards the other Contracting Party for reasonable special security measures will be considered in a positive way.

5. the seizure of illegally civil aircraft incident or to took place a threat in this direction or that aerial vehicles, passengers, crew, for the safety of air ports or air navigation facilities in the realization of other illegal acts, each Contracting Party in the communication to the other Contracting Party and or such an event It aims to rapidly and safely in the event of the threat of termination will assist by facilitating the adoption of other appropriate measures.
Article 10

Providing Statistical Information


1. Each Contracting Party to the aeronautical authorities upon request, it is periodic or other statistical documents which may be necessary as reasonable for reviewing the capacity provided in the time agreed by the Operator designated airline of the Contracting Parties shall provide the other Contracting Parties to the aviation authority. These documents carry passengers in time, they have agreed that the airline companies and cargo volume and will contain all the information necessary to determine the starting and destination of the passenger and cargo traffic.
Article 11

Converting the Currency Disused of Income and



1. The designated airline of the Republic of Turkey, the remaining conversion of foreign currency on demand local revenues from expenditures made locally and shall be entitled to transfer to the Hong Kong Special Administrative Region of the Republic of Turkey. Hong Kong Special Administrative Region of the designated airline business, residual income from the conversion of foreign currency on the domestic demand for spending locally, and the Republic of Turkey shall have the right to transfer to the Hong Kong Special Administrative Region.

2. The income of foreign currency translation and transfer to when they were offered to foreign currency translation and transfer without any restrictions will be allowed at the rate applicable, which is applied to the current treatment and banks outside of fees being taken as normal for this conversion and transfer works, no other fees will be charged.
Article 12

Airline Representation and Sales


1. the designated airlines of each Contracting Party, other Contracting Parties to the entrance, their management in accordance with laws and regulations relating to residence and employment, technical, necessary for the provision of air transport from the operational and other specialist staff, shall have the right to and possession of the other Contracting Party.

2. Each Contracting Party to the designated airline business, air transport will have the right to conduct sales activities or through the bore or agents of the other Contracting Party. the transport of each Contracting Party's designated airlines the right to sell the local currency or any other freely convertible foreign currency and any person shall be free to purchase such transportation issues at the same standard uses.
Article 13



User Fees
1. "User fees" means airport property or facilities or of air navigation facilities, related services and amenities, including air craft, the crew of the passenger and in exchange for offering the use of the cargo permitted by the competent authority airline received from the company or be given refers to a fee.

2. A Contracting Party to the designated airline of the other Contracting Party, while operating international air services will be put in higher user fees or user charges on their airline business will allow you to be.
3
. Each Contracting Party authorized fee-setting authority, among airline businesses using this supply on their services and facilities, the authorities will encourage consultations on user fees through where possible that airline enterprises the representative organizations. proposals for changes in user charges to be able to express their views before changes are made to these users should be made whenever possible in a reasonable period of notice. Each Contracting Party regarding user fees for an exchange of appropriate information will encourage their competent authorities and the fee-setting users.
Article 14

Consultation


Implementation of this Agreement, a Contracting Party, interpretation, it may request consultations at any time in the execution or changing the subject. The Contracting Parties of this can be done in consultation with the aeronautical authorities, unless agreed otherwise agreed between the Contracting Parties, the other Contracting Party that demand will begin within 60 days from the date of receipt in writing.
Article 15

Settlement of Disputes


1. This Contracting Parties in case of a dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall endeavor to find a solution through negotiations it first.

2. The Contracting Parties if they can not reach an agreement through negotiation, may be referred to a party or formation they remained dispute agreed or upon request of the Contracting Parties in the following manner to be decided will consist of three arbitrators submitted to an arbitral tribunal.

A) 30 days after the receipt of the request for arbitration, each Contracting Party shall appoint an arbitrator. Since the appointment of the second arbitrator will act as chairman of the arbitral tribunal within 60 days of the third arbitrator shall be designated a national of a State could be considered neutral in conflict with the agreement of the two arbitrators.


B) a determination is made within the time limit stated above, one of the international Civil Aviation Organization Council required the determination of the Contracting Parties may request the President within 30 days. If the President acts as a national of a State shall not be considered to be neutral on the dispute itself, the determination will therefore be the most senior Vice President of unauthorized non-topic.
3
. This provision between the tied or more Contracting Parties have agreed otherwise in Article outside, the limits of the authority of the arbitral tribunal itself and put itself will determine its own procedure. 30 days after the full formation of the arbitral tribunal with the instructions of the arbitral tribunal or at the request of a Contracting Party to be followed and certain issues of the arbitration proceedings will be held a meeting to determine the specific procedures.

4. Between the Contracting Parties have agreed otherwise or unless the arbitral tribunal has ordered otherwise, the full formation of the arbitral tribunal, each Party shall submit a memorandum within 45 days. Replies will be given after 60 days. Giving the answer on the request of a Contracting Party or if the arbitral tribunal shall be made 30 days after the date on which a hearing is necessary.

5. the arbitral tribunal completion of the trial, or if the hearing made as of the date they are presented both answers will try to give a written decision within 30 days. Decisions will be taken by majority vote.

6. after the date of receipt of the hands of a Contracting Party may submit a request for disclosure of the decision within 15 days and such a statement will be made within 15 days after a request.

7. The decision of the arbitral tribunal shall be binding on the Contracting Parties.

8. Each Contracting Party shall bear the arbitrator designated by the costs. other expenses of the arbitral tribunal, of this Article (2) (b) the fulfillment of the procedures in paragraph expenditures made by the International Civil Aviation Organization Council President or Vice-Presidents, including, will be shared equally between the Contracting Parties.
Article 16



Changes
Changes agreed between the Contracting Parties in connection with this Agreement shall enter into force when confirmed in writing by the Contracting Parties.


Article 17

Termination

One
Party may notice that it is always the other Contracting Party of its decision to terminate this Agreement. This Agreement immediately prior to midnight on the first anniversary of the date of receipt by the other Contracting Party of the notice (in the place of receipt of the notice), notice will expire unless withdrawn by agreement before the expiry of this period.
Article 18

Registration Reserve Position in the International Civil Aviation Organization


This Agreement and any changes will be registered in the International Civil Aviation Organization before.
Article 19



Entry into Force
This Agreement shall be the Contracting Parties to each other instead of all necessary internal legal procedures enter into force upon the notification in writing.

Ratification of the above considerations, the undersigned duly authorized by the Government which are located and the representatives have signed this Agreement.

On the second day of April 1998 is organized in two copies in Turkish and English languages, both texts are equally authentic. In case of disagreement, the English text will be valid.


REPUBLIC OF CHINA GOVERNMENT ON BEHALF OF HONG KONG SPECIAL ADMINISTRATIVE
GOVERNMENT OF THE REGION

Necdet MENZA Stephen IP















ADDITIONAL


Line Attendants Part 1:
Designated airline of the Republic of Turkey
be used by businesses or business lines are:

Spots in the Republic of Turkey as search noktalar- Hong Kong Special Administrative Region-forward spots

Notes:

1. The points to be made in the above mentioned time lines will be jointly determined by the Contracting Parties.


2. airline company or business that are appointed by the Republic of Turkey, any or provided they start at some point in the Republic of Turkey agreed services on the above mentioned line at all times, you can not at any point and waypoints can make any order in time for the high point.
3
. Except jointly by the Contracting Parties from time to time it can be determined, whether aircraft traffic in Hong Kong at an intermediate point or a point forward can not be downloaded or can be made to the Special Administrative Region vice versa.

4. Continent can not be any point in time forward to the intermediate point or points in China.

Part 2:

Be used by the designated airlines of the Hong Kong Special Administrative Region of businesses or business lines are:

Hong Kong Special Administrative Region as search noktalar- points to the Republic of Turkey - forward spots

Notes:

1. The points to be made in the above mentioned time lines will be jointly determined by the Contracting Parties.

2. Hong Kong Special Administrative Region of the designated airline businesses or enterprises in any or the above-mentioned line at all times, agreed in the thick of the time in Hong Kong provided the starting Special Administrative Region may not be any point and waypoints can make time in any sequence to the cutting edge .





3
. Except jointly by the Contracting Parties from time to time can be determined, an intermediate point or a high point in the Republic of Turkey can not be downloaded to the point in plane traffic whether or done the opposite.

4. Continental is no point in China, time can not be advanced as an intermediate point or points.