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CONFIDENTIAL
DESKBY 106932 2
FM HONG KONG 100750Z NOVEMBER 80
TO IMMEDIATE F C O
TELEGRAM NUMBER 1477 OF 18 NOVEMBER
INFO IMMEDIATE HONG KONG GOVERNMENT OFFICE LONDON.
PERSONAL FOR CLIFT (FOR GOVERNOR)
FROM ATTORNEY GENERAL
ATLA DECISION
HKK 184/6
RECEIVED IN REGSTRY RO. 51 12 NOV 1980
DESK OFFICER
INDEX
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FA
དངོསལུག
RECS BY
Action Teken
CE ON TWO MATTERS W
WIN TOL REFUSE LÅKERIS
I UNDERSTAND THAT YOU HAVE ASKED FOR MY ARISING FROM THE RECENT DECISION OF ATLA
APPLICATION TO OPERATE A SCHEDULED SERVICE ON THE HONG KONG/LONDON ROUTE, NAMELY:
A. WHAT RIGHTS OF APPEAL EXIST AGAINST THE DECISION: AND
B. THE GOVERNOR'S POWER TO GRANT EXEMPTION FROM THE OPERATION OF THE AIR TRANSPORT (LICENSING OF AIR SERVICES) REGULATIONS (THE REGULATIONS).
2. I SET CUT IN MIFT THE LEGAL REASONING WHICH LEADS ME TO MY
CONCLUSIONS IN CASE YOU SHOULD BE ASKED TO JUSTIFY MY OPINION.
3. CONCLUSIONS:
(1) NO RIGHT OF APPEAL AT PRESENT EXISTS AGAINST THE ATLA DECISION. UNLESS AND UNTIL THE LAW IS CHANGED (ROBERTS, UNDER SEC-
RETARY DOT, AND COLEGATE, CHAIRMAN, CAA, ARE TO DISCUSS THIS IN HONG KONG INFORMALLY THIS WEEK) THE ONLY POSSIBILITY
IS FOR LAKER TO REAPPLY. ATLA INDICATED THEY WOULD CONSIDER
SYMPATHETICALLY SUCH AN APPLICATION ONLY IF AND WHEN
PRESENT CONDITIONS ON THE ROUTE WERE PROVED TO HAVE CHANGED
SIGNIFICANTLY.
(2) YOUR PREDECESSOR IN 1964 GAVE AN EXEMPTION TO BRITISH AIRWAYS. I AM DOUBTFUL IF IN FACT THIS EXEMPTION COULD
KAWABLLY BE GIVEN EXCEPT BY ORDER IN COUNCIL (SEE RE MIFT). OTHER PARTIES THREATENED TO CHALLENGE BA'S RIGHT AT
NOVEMBER ATLA HEARING BUT IN THE EVENT DID NOT DO SO. I ADVISE THAT ANY FUTURE EXEMPTION (IF DESIRED) WOULD LEGALLY BEST BE GRANTED BY ORDER IN COUNCIL. ANY ATTEMPT BY DOT TO
PERSUADE YOU THAT EXEMPTION OF ANOTHER CARRIER SHOULD BE EFFECTED BY YOUR ACTING AS IN THE B.A. CASE, SHOULD IN MY VIEW BE RESISTED AS SUCH ACTION WOULD BE OPEN TO CHALLENGE IN
THE COURTS.
CATER
MINIMAL HK & GD HD/MAED
COPIES TO:
HONG KONG GOVT.OFFICE LONDON
CONFIDENTIALA