CONFIDENTIAL
DSR 11C
Incidentally Cmnd 4899 was superseded by Cmnd 6400 and
thus is no longer valid.
4. We acknowledge that the definition of British
airlines in Section 3(1) of the 1971 Act favours
UK based airlines and not Hong Kong based airlines.
However you have drawn attention to the bracketed
words in Section 3(1)(a) and the CAA has a duty
to take into account those words as much as the rest
of Section 3(1)(a). Indeed this matter will no
doubt be argued at the hearing.
over.
5. The Secretary of State's decision that the
hearing should take its normal course does not pre-
clude him from giving a direction once it is
This would then be given in the light of the
evidence which will be submitted to
to the CAA. After
the CAA's decision has been announced any party,
including CPA if relevant, is of course free to
appeal to the Secretary of State.
Whether or not
an appeal had been lodged, it would be possible
for the Hong Kong Government to put its case to the
British Government, if the decision was contrary
to Hong Kong's interest. It would also be open
to the Secretary of State to consult the Hong Kong
Government in considering any appeal. Such
consultations could contribute to a variation of the
CAA's decision by the issue of a Direction.
6.
We do not consider it appropriate to adopt
you suggestion of a Hearing in Hong Kong by an
argumented ATLA, followed by a Direction to
CAA to issue a licence to the airlines selected
(your option (). The CAA has statutory procedures
CONFIDENTIAL
/to