3 AUGUST 1922 Letter to Under Secretary of State, Foreign Office, London Subject: Conditions attaching to the flight of British aircraft in and over Chinese territory. Sir I am commanded by the Air Council to refer to the communication from the Foreign Office dated 27th June transmitting copy of a despatch from His Majesty’s Minister at Peking on the above subject. It is observed that the rules drawn up by the Chinese Aeronautical Department were intended to govern, so far as Chinese territory was concerned, the projected Round-the-World flight of the late Sir Ross Smith but it is presumed that the same rules would apply to any other British civil aircraft flying in or over Chinese territory. The Air Council have no information in regard to the probability of China ratifying the International Air Convention, of which instrument she was an original signatory; if and when her ratification is deposited, the flight of British aircraft in and over Chinese territory will be governed by the Convention, and the rules now under discussion will cease to operate. With regard to the text of the rules, it is suggested that, in Rule 3, the width of the route zone should be increased to 50 kilometres, as it is considered that, in view of unavoidable variations of the route owing to weather conditions, etc., a 20 kilometre zone would not be wide enough. In considering Rule 4 it should be noted that a prohibited area of 5 kilometres from the Ma Wei Shipyard covers the whole of the Pagoda Anchorage, which would appear to be the only really suitable place at Fuchow for the landing of seaplanes at any state of the tide. Nearer Fuchow (at Nantai) there is an area of water giving about 700 yards run, shoal in places and rather enclosed. This could be used, but the Pagoda Anchorage is better, and the Chinese Authorities might, subject to the concurrence of the Earl of Balfour, be asked to modify the prohibited area to allow of landings being made within this anchorage. It is also suggested that a modification should be made in Rule 5 so as to allow the use of photographic and wireless apparatus in specific cases. The word “signed” in Rule 9 is, presumably, a mistranslation for “ratified”. I am to request that, if Lord Balfour sees no objection, His Majesty’s Minister at Peking may be instructed to approach the Chinese Government on the lines indicated above. In reply to the request contained in the penultimate paragraph of his despatch, Sir Beilby Alston might be informed that, although on the occasion of other long-distance flights British airmen have received every assistance from the Governments of the States on the line of route, formal conditions have not been imposed. In view of the fact that Major Blake, in his attempt to fly round the world, has now reached India, I am to suggest that any representations that may be made to the Chinese Government should be made by telegraph. I am, Sir, Your obedient Servant, B.E. Holloway
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