GPS 300

CONFIDENTI AL

CONFIDENTIAL

FM HONG KONG 281038Z MAR 80

TO IMMEDIATE FCO

TELEGRAM NUMBER -461 OF 28 MARCH

INFO HONG KONG GOVT OFFICE LONDON

PERSONAL FOR CORTAZZI.

2

YOUR TELNO 268

AIR SERVICES : CAA DECISION.

HKK 1846

ikk

RECEIVED

31 MAR 1980

DESK OFF.20

INDEX

39. 51

PA

ما

815.4

!

тор

COPY

MANY THANKS FOR THIS HELPFUL TELEGRAM. WE PROPOSE TO PROCEED

AS FOLLOWS:

(A) CPA WILL SUBMIT THEIR FORMAL APPEAL AGAINST THE CAA DECISION

EARLY NEXT WEEK

(B) WITHIN THE STATUTORY TIME LIMIT, HKG WILL COMMENT ON THE

APPEAL

see 30

(C) AT ABOUT THE SAME TIME AS HKG SUBMITS ITS COMMENTS ON THE APPEAL, WE SHALL PUT THROUGH YOU A FORMAL SUBMISSION TO MR NOTT

ON ASPECTS WHICH WE CAN NOT INCLUDE UNDER (B) BECAUSE THEY DID NOT FORM PART OF THE EVIDENCE BEFORE THE CAA. I IN PARTICULAR THIS SUBMISSION WILL INCLUDE THE POLITICAL ARGUMENTS (BUT SEE PARAS 2-4 BELOW)

(D) I INTEND TO SEND, A TELEGRAM TO REACH YOU FIRST THING TUESDAY MORNING (YOUR TIME)

GIVING YOU SUFFICIENT MATERIAL FOR YOU TO INCLUDE IN THE LETTER FROM LORD CARRINGTON TO MR NOTT (PARA 3 OF YOUR TELEGRAM).

2. OF THE ALTERNATIVES IN YOUR PARAGRAPH 2, WHILST WE SHALL ARGUE THE INTRINSIC AVIATION MERITS OF CPA'S CASE ON THE APPEAL PROFER, WE APPRECIATE THAT IF MR NOTT IS TO CONSIDER THE POLITICAL

ARGUMENTS HE CAN ONLY DO SO PURSUANT TO REG 16(14) OF CAA REGULATIONS AND HIS POWERS TO ISSUE A DIRECTION UNDER S4 OF THE ACT.

THE LATTER WILL BE THE MAIN THRUST OF OUR PRESENTATION.

3. WE HAVE DISCUSSED WHAT WE PROPOSE TO DO WITH STEELE (DOT) WHO IS AT PRESENT IN HONG KONG AND HE SEES NO OBJECTIONS TO IT. 4. NEVERTHELESS REG 16(14) COULD BE READ IN THE SENSE THAT REPRESENTATIONS FROM US COULD ONLY BE MADE IF OUR VIEWS ARE SOUGHT BY MR NOTT. WE ARE ADVISED HE WOULD EXPECT US TO PUT FORWARD OUR VIEWS EVEN IF NOT FORMALLY SOUGHT. WE ARE ACTING ON THIS ASSUMPTION. BUT PLEASE CONFIRM, AND IF WE ARE WRONG ENSURE THAT OUR VIEWS ARE REPEAT ARE SOUGHT

MACLEHOSE

35

FILES

HK.G?

MAED.

7.

CORTAZZI

HE TORRAY from Brown

Cories To

T CARINER

LEGAL ADVISEX ·

CONFIDENTIAL

26

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