4.
HOWEVER, WITH RESPECT I HAVE SOME DOUBTS ABOUT THE PROCEDURE YO ENVISAGE. I DO NOT THINK THE HONGKONG GOVERNMENT WOULD AGREE THAT THE DECISION MAKING PROCESS OUGHT TO BE AS STATED INPARAS 2 AND
3 OF TUR. THEY WOULD BE LIKELY TO CONTEND THAT THE HONGKONG LICENSING AUTHORITY AND THE HONGKONG GOVERNMENT SHOULD HAVE AN EQUAL SAY. IF MY MEMORY SERVES ME RIGHT, WE INVESTIGATED THE LEGAL POSITION WITH REGARD BOTH TO SCHEDULED SERVICES AND CHARTERS DURING THE PAST THREE OR FOUR YEARS AND CONCLUDED THAT IF IT CAME TO A LEGAL ARGUMENT WE WOULD NOT NECESSARILY WIN.
5. THERE IS ALSO THE POINT THAT OUR RESPONSIBILITY FOR INTERNATION -AL ASPECTS COVERS NOT ONLY RELATIONS WITH FOREIGN GOVERNMENTS BUT ALSO RELATIONS WITH THE REMAINING COLONIES OF WHOM HONGKONG IS BY FAR THE MOST IMPORTANT. THE CAA PROCEDURES ARE DESIGNED TO LEAD TO CONFRONTATION BETWEEN THE CLAIMS OF RIVAL AIRLINES BUT
(A) TO THE BEST OF MY KNOWLEDGE, THEY DO NOT CONTAIN PROVISION FOR WEIGHING THE CLAIMS OF A WOULD BE SCHEDULED SERVICE OPERATOR AGAINST THOSE OF WHOLE-PLANE CHARTER SERVICES OR FOR DECIDING WHETHER OR NOT THERE IS ROOM FOR BOTH., AND
(B) THERE IS DANGER THAT CONFRONTATION BETWEEN THE RIVAL AIRLINES MAY SPREAD TO THE GOVERNMENTS AND FAN THE FLAMES OF UDI.
6. THE SITUATION IS FURTHER COMPLICATED BY THE FACT THAT, AS MENTIONED IN TUR, CPA WOULD PROBABLY WANT FIFTH FREEDOM RIGHTS WHEREAS NEITHER A CHARTER OPERATION NOR (SO FAR AS KNOWN) SKYTRAIN WOULD BRING THEM INTO PLAY.
7.
SUBJECT TO YOUR CONCURRENCE, I WOULD THEREFORE PREFER TO SEEK TO RESOLVE THESE KNOTTY PROBLEMS IF POSSIBLE THROUGH QUIET DISCU- -SSION S WITH THE HONGKONG GOVERNMENT RATHER THAN THROUGH THE FORMAL PRECUDURES OF THE CAA.
8. IT WOULD BE VERY HELPFUL IF, PENDING THIS, YOU COULD PERSUADE CAA TO SOFT-PEDAL THEIR PROPOSALS FOR WHOLE-PLANE
I KNOW THAT BRYANT WAS DOING CHARTERS ON THE HONGKONG ROUTE.
HIS BEST TO RESTRAIN THEM BUT I DO NOT KNOW WITH WHAT SUCCESS. 9. SINCE ANY TELEGRAMS TO HONGKONG ARE LIABLE TO BE READ BY THE HONGKONG GOVERMENT, I WOULD APPRECIATE YOUR FURTHER
(PROBABLY ADVICE AND INSTRUCTIONS BEFORE I LEAVE BANGKOK
21 FEB).
13. DOT TELEGRAMS SECTION PLEASE PASS COPY TO STABLES CAIR 1 TO PUT IN HAND PREPARATORY WORK PRIOR TO STEELE'S RETURN FROM
WASHINGTON.
11. I WOULD BE GRATEFUL IF STABLES COULD ALSO CONTRIVE TO GET INTO MY HANDS, BY SOME MEANS OR ANOTHER, ANY BRIEFING HE CONSIDERS I NEED ON OTHER TOPICS ( I AM ASKING JIMMY WILSON,' WHO IS REMAINING WITH ME, TO BRIEF ME ON ITEM (B) DIRECT).
TRIPP