HKK 184/51
ON
HANNO REGISTRY NO. ST
CON10601979
DESK OF CER
INDEX
2) Miss Brown
по
り
Mr Murray
PA
REGISTRY
7.1 Jouer
Mr Collage showed me the
top copy of this las right.
Aation Taken He thought than the submission
jours right but was unhappy with
I suhequently
CPA AND THE LONDON/HONG KONG ROUTE
the amp ru.
броке и вычи
логий пе
Submisty a revised (a shore)
In his minute of 4 October Mr Murray asked about the
A
present position.
B
неумии
in N Williamson
8723160
J24:10
Since his return the Hong Kong Government.
have taken up in their telegram No 1388 the main point Mr PA.
Griffiths made to him. They have since asked us in addition
C
to press for the amendment of the 1971 Civil Aviation Act
(Hong Kong telegram No 1406).
2. I submit a draft reply to both telegrams which has been
cleared with DOT. HK&GD and Legal Advisers concur.
BACKGROUND
3.
The QC from whom the Hong Kong Government sought an opinion
seems to have caused them unnecessary worry by overlooking the
Order of the Court of Appeal in the Laker case. This declared
ultra vires those parts of the 1976 Guidance (para 7 and the
proviso to para 8) which required CAA not to license more than
one operator of scheduled services on long haul routes except
with the consent of the existing operator. There is therefore
no BA veto. The CAA is still required (para 6 of the Guidance)
to limit the grant of licences to airlines other than BA and
BCAL so that these two airlines have adequate opportunities to
/compete
CONFIDENTIAL