TET WUNA CUMINUMICETONS INC.
JO
GRIFFITHS Q.C.
THE ATTORNEY GENERAL OF HONG KONG
CENTRAL GOVERNMENT OFFICES
WE HAVE RECEIVED INTIMATIONS THAT THE HK GOVERNMENT MAY APPEAR BEFORE CAA TO URGE THAT THE ATLA DECISION LICENSING TWO ADDITIONAL CARRIERS NOT BE FOLLOWED AND THAT CAA SHOULD LICENSE ONLY CATHAY AS A SINGLE ADDITIONAL CARRIER
ATLA HAS BEEN ESTABLISHED BY LAW AS THE ORGAN OF GOVERNMENT WITH EXCLUSIVE AND PARA MOUNT POWERS TO DECIDE QUESTIONS OF AIR TRANSPORT LICENSING POLICY. THE ATLA DECISION NOW STANDS AS THE AUTHORITATIVE POLICY PRONOUNCEMENT OF THE HK POLITY AND IS BINDING UPON ALL CONSTITUENTS THEREOF. NO GOVERNMENT OFFICER OR DEPARTMENT--NOR THE EXECUTIVE COLLECTIVELY NOR THE GOVERN OR-- PROPERLY MAY SEEK TO CHALLENGE, IMPUGN, UNDERMINE OR COLLATERALLY ATTACK THAT DECISION OR ITS BASIS. INDEED, IF THE ATLA DECISION WERE CHALLENGED IN THE COURTS, YOU WOULD BE OBLIGED TO APPEAR IN ITS DEFENSE. ANY EFFORT BY ANY COMPONENT OF THE HK POLITY TO ACT IN ANY FASHION OR FORUM TO CHALLENGE THE ATLA DECISION OR TO UNDERMINE ITS EFFECITVENESS OR TO INTERFERE WITH OR FRUSTRATE ITS IMPLEMENTATION WOULD CONSTITUTE AN UNLAWFUL ABUSE OF POWER AND AN IMPROPER AND UNCONSTITUTIONAL EFFORT TO INTRUDE UPON AND ASSUME POWERS VESTED EXCLUSIVELY IN ATLA
ANY PARTICIPATION BY THE HK GOVERNMENT IN CAA PROCEEDINGS MUST BE WHOLLY SUPPORTIVE OF AND CONSISTANT WITH THE ATLA DECISON AND MAY NOT SERVE TO UNDERMINE OR DEROGATE FROM ITS EFFECTIVENESS. INDEED WE SEE NO ROLE FOR HK OFFICIALS IN THE CAA PROCEEDING SAVE PERHAPS FOR THE DCA TO TESTIFY ON FACTUAL MATTERS AS TO AIRPORT CONDITIONS AND PAST SERVICE EXPERIENCE. WE ASK THAT YOU PROMPTLY ADVISE US OF THE POSITION THAT THE HK GOVERNMENT OR ANY OFFICIAL THERE OF WILL BE TAKING IN THE CAA PROCEEDING AND IN PARTICULAR WHETHER THE GOVERNMNENT OR ANY REPRESENTATIVE WILL IN ANY WAY SUGGEST TO CAA THAT IT SHOULD NOT LICENSE A THREE CARRIER REGIME AS DETERMINED BY ATLA
YOU ARE PLACED ON NOTICE THAT BCAL WILL EXHAUST EVERY AVAILABLE REMEDY TO PREVENT ANY PARTICIPATION BY HK AUTHORITIES BEFORE CAA WHICH IS INCONSISTENT WITH THE ATLA DECISION OR WHICH INTERFERES WITH OR UNDERMINES ITS IMPLEMENTATION. THESE INCLUDE OUR SEEKING REDRESS THROUGH ALL APPROPRIATE GOVERNENTAL CHANNELS, OUR APPLICATION FOR AN EXTRAORDINARY WRIT ENJOINING SUCH PARTICIPATION AND OUR MOBILIZATION OF INFORMED PUBLIC OPINION AGAINST SUCH A BASIC BREACH OF LAWFUL GOVERNMENT ACTION LET ALONE FAIR PLAY.
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WE URGE YOU AS CHIEF LEGAL OFFICER OF THE HK COLONY TO ENSURE THAT GOVERNMENT ADHERES TO A COURSE OF INTEGRITY AND CONDUCT WHICH EVIDENCES A METICULOUS ADHERENCE TO THE FUNDAMENTAL PRINCIPLES OF THE RULE OF LAW AND CONSTITUTIONAL GOVERNMENT. A DISREPSECT FOR DULY CONSTITUTED AUTHORITY PARTICULARLY BY THOSE IN POWER IS A HIGHLY VIRILENT AND CONTAGIOUS VIRUS ESPECIALLY IN A SOCIETY WHERE THE POLITICAL STRUCTURE DOES NOT ADMIT OF SIGNIFICANT PUBLIC PARTICIPATION. YOUR SPURNING OF THE ATLA DECISION AND THE ENSUING PUBLIC CONTROVERSY LIKELY WOULD UNDERMINE PUBLIC CONFIDENCE IN AND WOULD CORRODE THE FOUNDATIONS OF THE EXISTING FORM OF COLONIAL GOVERNMENT IN HK
WOULD PLEASE RESPOND TO MYSELF BY TELEX AND TO OUR HK SOLICITOR, JW JEFFREY OF STEPHENSON HARWOOD AND LO
LEONARD N. BEBCHICK
JOINT COMPANY SECURE TARY
BRI ISH CALEDONIAN AIRWAYS LIMITED