U.S. Dept. of State - IIP: The United States and China

Text: Proposed Senate Resolution Calls for Release of Plane, Crew
(Senate Resolution 66 also expresses regret over lost pilot)

China should immediately release the American crew and aircraft that made an emergency landing on Hainan Island after a collision with a Chinese fighter, says a proposed resolution introduced into the Senate April 5.

Senate Resolution 66 (S. Res. 66) also would have the Senate express "its regret at the damage and loss of life occasioned by the accidental collision of the two aircraft."

The Beijing government, the proposed resolution says, should "immediately release the crew members of the EP-3E into the custody of United States military or consular officials, and allow them to leave the country."

S. Res. 66 also calls for the Chinese government to return the EP-3E aircraft and all its equipment "to the possession of the United States, without any further boarding or inspection, or removal of equipment."

The resolution, introduced by Senator Craig Thomas (Republican of Wyoming), the chairman of the Senate Foreign Relations subcommittee on East Asian and Pacific Affairs, has among its co-sponsors Senator Joe Biden (Democrat of Delaware), the ranking minority member of the Senate Foreign Relations Committee, and Senator Hillary Clinton (Democrat of New York), the former First Lady.

Senate
April 05, 2001
SENATE RESOLUTION 66--EXPRESSING THE SENSE OF THE SENATE REGARDING THE RELEASE OF TWENTY-FOUR UNITED STATES MILITARY PERSONNEL CURRENTLY BEING DETAINED BY THE PEOPLE'S REPUBLIC OF CHINA

Mr. THOMAS (for himself, Mr. KERRY, Mr. WARNER, Mrs. FEINSTEIN, Mr. MURKOWSKI, Mr. BIDEN, Mr. LUGAR, Mr. SMITH of Oregon, Mrs. CLINTON, Mr. BROWNBACK, Mr. BAUCUS, Mr. ROBERTS, Mr. NELSON of Florida, Mr. LIEBERMAN, Mr. KENNEDY, Mr. DODD, Mr. TORRICELLI, Mr. CORZINE, Mr. MCCONNELL, Mr. LEVIN, Mrs. BOXER, Mr. WELLSTONE, Mr. DASCHLE, Mr. ROCKEFELLER, Mrs. CARNAHAN, Mr. CONRAD, Mrs. MURRAY, Mr. THURMOND, Mr. CRAPO, Mr. DORGAN, Mr. BAYH, Mr. CAMPBELL, Ms. CANTWELL, Ms. COLLINS, Mr. EDWARDS, Mr. KOHL, Mr. HUTCHINSON, Mr. FITZGERALD, Mr. INOUYE, Mr. JOHNSON, and Ms. SNOWE) submitted the following resolution; which was referred to the Committee on Foreign Relations:

Whereas, at 9:15 a.m. local time on April 1, 2001, a collision occurred between a United States military EP-3E Aries II reconnaissance aircraft and one of two F-8 jet fighters from the People's Liberation Army-Air Force of the People's Republic of China sent to intercept it;

Whereas both countries agree that the collision occurred in international airspace over the South China Sea near the Chinese island province of Hainan;

Whereas due to the damage incurred in the unfortunate accidental collision, the F-8 and its pilot were lost at sea and the EP-3E was required to make a ``Mayday'' distress call on the internationally recognized emergency radio frequency;

Whereas because of the resultant structural damage to the EP-3E aircraft it effectuated an emergency landing at a military airbase at Lingshui, Hainan;

Whereas upon landing the twenty-four United States military personnel aboard the EP-3E were removed from the aircraft by Chinese military personnel and detained in an undisclosed location, notwithstanding the fact that the crew of an aircraft forced to land on foreign soil in an emergency is considered under international norms to have sovereign immunity;

Whereas Chinese authorities unnecessarily prevented United States military and consular officials from meeting with the crew members until April 3, 2001, then permitting only a short, supervised visit, and has, to date, denied further visits;

Whereas in contravention of international norms Chinese officials have boarded the aircraft and may have removed portions of the equipment therefrom;

Whereas international law recognizes both the right of the crew of an aircraft in distress to land safely on foreign soil and the inviolable sovereignty of an aircraft in distress that has landed on foreign soil;

Whereas international law recognizes the right of a nation which has had an aircraft land in distress on foreign soil to have its citizens and aircraft returned safely and without undue delay; and

Whereas President Bush has requested that the People's Republic of China arrange the ``prompt and safe return of the crew and the return of the aircraft without further damage or tampering,'' and has noted that a failure by Chinese authorities to do so would be ``inconsistent with standard diplomatic practice;''

(1) the Senate expresses its regret at the damage and loss of life occasioned by the accidental collision of the two aircraft;

(2) it is the sense of the Senate that the government of the People's Republic of China should:

(a) immediately release the crew members of the EP-3E into the custody of United States military or consular officials, and allow them to leave the country; and

(b) return the EP-3E aircraft and all its equipment to the possession of the United States, without any further boarding or inspection, or removal of equipment; and

(3) the Senate fully supports the continuing efforts of the President to ensure the safe return of the crew and the aircraft.

(Distributed by the Office of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)