TNAG-0870-FCO40-1080-Air-services-between-Hong-Kong-and-the-UK-1979 — Page 108

CONFIDENTAL

(A) A DIRECTION THAT CPA BE REGARDED, FOR THE PURPOSES OF THE CAA HEARING IN RESPECT OF THE LONDON-HONG KONG ROUTE, AS A

''BRITISH AIRLINE", AND

(B) A DIRECTION THAT THE PROVISIONS OF THE GUIDANCES (BOTH CMND.4899 AND 6400) AND THE POLICIES SET FORTH THEREIN (AND

IN PARTICULAR THE SPHERE OF INTEREST POLICY) BE DISREGARDED

FOR THE PURPOSES OF THE FORTHCOMING CAA HEARING,

OR, AS AN ALTERNATIVE TO (A) AND (B):

(C) A DIRECTION THAT THE CAA DOES NOT DEAL WITH THE APPLICATIONS BEFORE IT UNTIL AN AUGMENTED ATLA (BEFORE WHICH THERE CAN BE NO LEGISLATIVE PREJUDICE TO ANY OF THE PARTIES) HAS DEALT WITH APPLICATIONS MADE TO IT. IT FOLLOWS, OF COURSE, THAT A DIRECTION

SUCH AS THAT HERE PROPOSED MUST ENVISAGE A DIRECTION IN DUE

COURSE TO THE CAA TO GRANT A LICENCE TO THE APPLICANT SUCCESSFUL

BEFORE THE ATLA, OR

(D) A DIRECTION AS PREVIOUSLY CONSIDERED (AND RECENTLY REJECTED)

THAT A LICENCE BE GRANTED TO CPA TO THE EXCLUSION OF LAKER AND

BCAL.

5. A LAWFUL DIRECTION MADE BY THE SECRETARY OF STATE IN THE FORM OF ONE OR MORE OF THE ABOVE OPTIONS WOULD HAVE TO BE MADE ''IN

CONNECTION WITH ANY MATTER APPEARING TO THE SECRETARY OF STATE TO

AFFECT THE RELATIONS OF THE UNITED KINGDOM WITH A COUNTRY OR

TERRITORY CUTSIDE THE UNITED KINGDOM:'' (SEE SECTION 4(3)(B) ).

IT WAY THEREBY ''OVERRIDE THE STATUTORY REQUIREMENTS AS TO. LICENCES

AND ALSO TO BYPASS THE GENERAL OBJECTIVES'' (PER LORD DENNING IN

THE LAKER CASE AT 1977 2 ALL ENGLAND LAW REPORTS PAGE 187). SUCH

DIRECTIONS COULD NOT BE CHALLENGED IN THE COURTS, WE CONSIDER SUCH

DIRECTIONS WOULD BE BOTH PROPER AND ALSO FAIR, BECAUSE WE DO NOT

BELIEVE THAT AT THE TIME THE STATUTE OR THE GUIDANCES WERE DRAFTED

ANYONE HAD CLEARLY IN HIND THE SORT OF LEGAL PROBLEMS ARISING IN THIS PRESENT MATTER BY VIRTUE OF THE GROWTH WITHIN A BRITISH

COLONIAL TERRITORY OF AN INDEPENDENT AIRLINE OF INTERNATIONAL STATURE

WHICH IS IN PRACTICE, THOUGH NOT IN LAW, CONTROLLED FROM LONDON, WE WOULD ADD THAT WE CONSIDER THERE WOULD BE A MOST UNFAVOURABLE REACTION FROM THE PUBLIC HERE WERE CPA TO BE DENIED AN OPPORTUNITY TO PRESENT ITS CASE ON ITS MERITS ON EQUAL TERMS WITH OTHER

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ĈO MELDENHAL

[APPLICANTS