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to follow and the Secretary of State does not think
it right that these should be overridden.
7. The question raised in paragraph 8 (1) of the
TUR as to whether the CAA or ATLA Hearing should be held
first is difficult. On balance, we would prefer the
CAA's to take place first. In particular we are mindful
of the fact that there is no provision for appeal in the
ATLA procedures, in contrast to the CAA procedures
and in the latter there is also the possibility of
consultation between you and us if appropriate, as
referred to in paragraph 5 above. We would prefer the
ATLA Hearing to take place after all the processes have
been gone through at the London end. The CAA
will make available to the ATLA all the evidence
submitted, so long as the ATLA undertakes not to
publish those parts which the CAA has not published,
for reasons of Government and commercial confidentiality.
In addition, ATLA members would be welcome to attend the
CAA Hearings as observers.
This should ensure that
both authorities have a common factual basis.
8. We shall be grateful to have your views on the
timing suggested in paragraph 7. It would be helpful
to know as soon as CPA application filed in Hong
Kong is published so that British airlines can have the
chance to object if they so wish within the prescribed
14 days.
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