The Minister of Foreign Affairs of the People's Republic of China notified the Secretary General of the International Civil Aviation Organization by a note dated February 15, 1974, that "the Government of the People's Republic of China has decided to recognize the Convention on International Civil Aviation which the then Government of China signed in Chicago on December 9 [sic], 1944, and of which an instrument of ratification was deposited by it on February 20, 1946... The Government of the People's Republic of China has also decided to participate in the activities of the International Civil Aviation Organization as from this date." The Minister's note further stated that "For reasons of safety of flight and public safety and in the light of the provisions of Articles 5 and 9 of Chapter II of the Convention, any foreign civil aircraft engaged in non-scheduled flight that wishes to fly into Chinese territory is required to make prior application to the Chinese Government. Such aircraft may enter Chinese territory only after receiving a reply of approval and must observe the regulation of following the assigned route and landing at the designated airport. Application of Chapter XVIII of the Convention must be based on the principle of not infringing on China's sovereignty."
The Secretary General of ICAO, by a communication of May 31, 1974, transmitted to the Department of State a copy of the above-mentioned note and referred to the Secretary General's letter of November 22, 1971, informing the Department of State of the ICAO Council's Resolution of November 19, 1971, in which the Council decided "for the matters within its competence, to recognize the representatives of the Government of the People's Republic of China as the only legitimate representatives of China to the International Civil Aviation Organization."
An instrument of ratification of the Convention was deposited on February 20, 1946 by the Republic of China. The Republic of China denounced the Convention in accordance with Article 95(b) on May 31, 1950, effective May 31, 1951. Another instrument of ratification of the Convention was deposited by the Republic of China on December 2, 1953.
By note of December 8, 1999, the Ambassador of the People's Republic of China informed the Secretary of State of the following:
"The Convention on International Civil Aviation, signed at Chicago on 7 December 1944, which the Government of the People's Republic of China informed its admission on 15 February 1974 (hereinafter referred to as the Convention) shall apply to the Macao Special Administrative Region with effect from 20 December 1999. The Government of the People's Republic of China also wishes to make the following declaration:
The statement made by the Government of the People's Republic of China to the provisions of Articles 5 and 9 of Chapter II and the provisions of Chapter XVIII shall also apply to the Macao Special Administrative Region.
The Government of the People's Republic of China shall assume responsibility for the international rights and obligations arising from the application of the Convention to the Macao Special Administrative Region."
By note of June 3, 1997, the Ambassador of the People's Republic of China informed the Secretary of State of the application of the Convention to the Hong Kong Special Administrative Region of the People's Republic of China, following that country's resumption of the exercise of sovereignty over Hong Kong with effect from July 1, 1997. The Ambassador's note contained the following Declaration: "The execution of Chapter 18 must not, as a principle, prejudice the sovereignty of the People's Republic of China."