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LICENCES AND ALSO TO BY-PASS THE GENERAL OBJECTIVES, SET OUT THE ACT (WHICH INCLUDE SECTION 3), AND LORD JUSTICES ROSKILL LAWTON DELIVERED SIMILAR JUDGEMENTS. SO FAR AS CAA HAVING DISCRETION ON HOW IT SHOULD APPLY THE GUIDANCES: RESPECTFULLY WE CANNOT AGREE THAT THE CAA ARE ABLE LEGALLY TO IGNORE THE STATUTORY GUIDANCES, NOR, TILL THEIR REPLACEMENT, ARE THEY LEGALLY ENTITLED TO REGARD THEM AS IF THEY WERE POLITICALLY A DEAD LETTER.
5. IN VIEW OF THE ABOVE, IT SEEMS TO US THAT S OF S FOR TRADE
IS LIKELY TO HAVE TO INTERVENE AT SOME STAGE. VIEWED FROM HERE, IT WOULD APPEAR POLITICALLY MORE ACCEPTABLE FOR HIM TO EXERCISE WHAT, IF THE Q.C'S ADVICE IS RIGHT, ARE HIS LAWFUL POWERS, BEFORE RATHER THAN AFTER THE CAA HEARING, BECAUSE THIS WOULD PLACE ALL PARTIES, INCLUDING LAKER AND CPA, ON AN EQUAL FOOTING SO THAT THE ONE BEST ABLE TO SERVE THE PUBLIC WOULD SUCCEED SEMI-COLON AND MOREOVER IT WOULD AVOID THE REAL DANGER THAT CAA WOULD BE LEGALLY
OBLIGED TO REFUSE ALL APPLICANTS.
6.
AS YOU KNOW, FROM THE START ONE OF OUR OBJECTS HAS BEEN TO TACKLE THE QUESTION OF B.A'S MONOPOLY WITH THE MINIMUM OF PUBLIC DISPUTE. OUR INTENTION WAS FIRST TO ASCERTAIN, THROUGH PRIVATE INFORMAL DISCUSSIONS WITH YOU AND D.O.T. WHAT THE CONSEQUENCES OF
A HONG KONG BASED AIRLINE GOING ONTO THE LONDON ROUTE MIGHT BE BEFORE DECIDING WHETHER OR NOT TO PURSUE THE POSSIBILITY. IF THE HONG KONG GOVERNMENT THEN DECIDED TO DO SO, WE HOPED TO AVOID A CAA HEARING. THIS OBJECT WAS THWARTED BY THE APPLICATIONS OF BCAL AND LAKER TO THE CAA. YOU WILL APPRECIATE THEN OUR CONCERN TO AVOID, IF POSSIBLE, THE PUBLIC DISSENSION AND CONTROVERSY THAT WOUULDD RESULT FROM A SITUATION DEVELOPING AS WE HAVE DESCRIBED IN
THIS TELEGRAM. WOULD YOU BE WILLING IN THE CIRCUMSTANCES TO CONSTR
AN APPROACH TO THE SECRETARY OF STATE FOR TRADE REQUESTING HIM TO RECONSIDER HIS DECISION NOT TO ISSUE THE DIRECTIONS NECESSARY TO REMOVE THE LEGISLATIVE PREJUDICES TO WHICH WE HAVE REFERRED ?
MACLEHOSE
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