N POOLER
R.W. REISS
H.J. WILDBORE
M H. WADSWORTH
MR. GALAUD
DG. BELLHOUSE
G.R.T. SMYTH N.A. JOHNSON A.C.G. BROWN OA BOLTON M.F. BAKER
CONSULTANT
E.T. YOUNG
HEWITT, WOOLLACOTT & CHOWN
INCORPORATING CUMMINGS MARCHANT & ASHTON
SOLICITORS
COMMISSIONERS FOR OATHS
113 CANNON STREET
LONDON, EC4N 5AU
OUR REF...
MW/MP/H.1761 (L)
YOUR REF
The Secretary of State for Trade, Department of Trade,
Civil Aviation Policy Division 26, Room 517,
1 Victoria Street,
London SW1H OET
TELEPHONE 01-623 7001
TELEX: 885400 HEWCO G
TELEGRAPHIC ADDRESS MARSLAND. LONDON EC4
AND AT
CONGREVE HOUSE 86 STATION ROAD REDHILL. SURREY
TELEPHONE REDHILL (Surrey) 67444/7
9th April 1980....
Dear Sir,
re: Applications 1B/24429 by British Caledonian Airways Ltd. and 1B/24437 by Cathay Pacific Airways Ltd.
We act for the Hong Kong Government (hereafter called "HKG") and are instructed by it to make the submissions which follow pursuant to Regulation 16(6) of the Civil Aviation Authority Regulations 1972 (the "Regulations") giving reasons why the decisions of the Civil Aviation Authority("CAA") given on the two applications, namely 1B/24429 by British Caledonian Airways ("BCAL") and 1B/24437 by Cathay Pacific Airways Ltd. ("CATHAY") should be varied.
HKG appeared before the CAA at the hearings and is a party to the appeals pursuant to Regulation 16(3).
I.
Directions Sought.
We respectfully invite you to vary the decisions of the CAA so as to license Cathay to fly upon the London/Hong Kong/London routes without limitation on the grounds set out hereafter and/or to direct the CAA so to license Cathay pursuant to your powers under S.4(3) Civil Aviation Act 1971 (the "Statute").
II. Legal Approach to the Appeals.
+
You
Duties as to Appeals are laid upon you under the Statute. should, it is submitted, when performing your quasi-judicial function so far as the Appeal itself is concerned, adopt analogous principles to those upon which the Court of Appeal proceeds when considering Appeals against findings of fact by lower courts. You should follow the principles laid down in the Court of Appeal and followed since in such cases, namely:
Cont'd....