TNAG-0781-FCO40-985-Involvement-of-Hong-Kong-in-air-services-agreements-1978 — Page 37

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ARE NOW OPERATING. IN APPLYING FOR CHARTER FLIGHTS THE CHINESE

WERE CLEARLY DOING NO MORE THAN ATTEMPTING TO FIND THE RIGHT FORMULA FOR FITTING THEIR NEEDS WITHIN THE SCOPE OF NON-SCHEDULED FLIGHTS WHICH COULD BE APPROVED LOCALLY. CHARTERS ARE, OF COURSE, SUBJECT TO CERTAIN RESTRICTIONS (E.G. ADVANCE BOOKING, AFFINITY GROUPS, ETC) WHICH DO NOT APPLY TO SCHEDULED FLIGHTS. THERE IS NOT, THEREFORE, THOUGHT TO BE ANY ROOM FOR ACCOMMODATION BY THE USE OF DIFFERENT TERMS SEMI-COLON IN ANY EVENT CAAC HAVE PREVIOUSLY

ACCEPTED HONG KONG'S CHARTER CONDITIONS. THE DIFFICULTY IN THE PRESENT CASE IS THAT THE TERMS OF THE CHARTER CONDITIONS THEY PROPOSED WERE OUTSIDE THOSE WE PRESENTLY APPLY, AND BROUGHT INTO QUESTION THE CHARTERWORTHINESS OF THE OPERATION, EVEN THOUGH THE CHINESE COULD ARGUE WITH SOME LEGAL OPINION TO BACK THEM, THAT THE FLIGHTS ARE NOT SCHEDULED SERVICES AS THEY ARE NOT OPEN TO THE NORMAL DAY-TO-DAY DEMAND OF THE PUBLIC WHO MAY WISH TO MAKE

USE OF THEM.

MACLEHOSE

FILES

FED

MAED

HKJSD

PS/LORD GURONWY ROBERT'S

MR CORTAZZI

MISS BROWN

MR MURRAY

COPIES

то

HONG KONG GOVERNMENT OFFICE MR DARWIN, LEGAL ADVISER CAIR DIVN, DOT

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