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8. I describe this as my provisional view because this is an area of law which has undergone considerable development in the last 15 years and would take some time to research properly. It may be Hong Kong and General Department's legal adviser has gone into this aspect more fully than I have and has provided a view on which Mr. Morrice's paragraph 4 is based. If not, I will investigate the matter more fully if you think this warrants it.
9. The foregoing relates to the question of the Secretary of State for Foreign and Commonwealth Affairs submitting his views with the aim of influencing any appeal. It is a quite different question whether he may give his views with the aim of persuading theSecretary of State for Trade to give directions under section 4 of the Civil Aviation Act 1971. Regulation 16 (14 of the Civil Aviation Authority Regulations 1977ffeserves the possibility of the Secretary of State for Trade consulting competent authorities of any country or territory outside the United Kingdom for the purposes of section 4 of the Act, and the clear implication is that if there are grounds for directions the power to direct may be used even though an appeal is pending.
10. If therefore the Secretary of State for Foreign and Commonwealth Affairs wished to express a view on matters that might be relevant to, for example, the relations of a country or territory outside the United Kingdom under section 4(3)(b) of the 1971 Act, I do not think that the fact that an appeal is pending would preclude him from doing so.
20 March 1980
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Richard Gardiner
RK Gardiner Legal Advisers
Page 240Page 241
Mr Hilson, MAED
(G63A/1)