TNAG-0870-FCO40-1080-Air-services-between-Hong-Kong-and-the-UK-1979 — Page 131

PP HONG KONG

CRS 940

RESTRICTED

Haki8416 HAGD

29 JUNI979

TO PRIORITY HONG KONG, (GOVERNOR AND CARFE)

FM DOT 271645Z JUN 79

TELEGRAM NUMBER ALLOT 63 OF 27

Sufis no

FCO TELNO 423

по здесь

AIR SERVICES ON THE LONDON/HONG KONG ROUTE.

1.0.

To

-13:

zy & 28/6 A Tramaron 28.6

*

2

Enter

1. BECAUSE OF THE TIME FACTOR THIS TELEGRAM (RATHER THAN THE LETTER PROMISED IN TUR) CONTAINS THE EXPLANATION OF HOW HONG KONG INTERESTS MAY BE SAFEGUARDED IN THE DUE PROCESSES.

2. OPTION (1) IF THE HONG KONG GOVERNMENT WISHES A REPRESENTATIVE TO BE HEARD BY THE CIVIL AVIAITION AUTHORITY AT THE HEARING OF THE APPLICATIONS, IT SHOULD SUBMIT TO THE AUTHORITY A WRITTEN CBJECTION OR REPRESENTATION DEFORE 13 JULY (IE WITHIN 21DAYS OF THE DATE OF PUBLICATION OF THE APPLICATION) (REGULATION 19 AND

AS 14(3) OF THE CIVIL AVIATION AUTHORITY REGULATIONS 972, AMENDED). IT WOULD DE HELPFUL IF IN SO DOING THE HONG KONG GOVERNMENT STATED THAT IT WISHED TO BE HEARD. ITS FULL CASE NEED NOT BE SUBMITTED AT THAT STAGE: IT IS SUFFICIENT THAT THE HONG KONG GOVERNMENT SHOULD GIVE AN INDICATION OF ITS INTENTIONS BY 18 JULY. IF A REPRESENTATIVE OF THE HONG KONG GOVERNMENT WERE HEARD BY THE AUTHORITY, THE HONG KONG GOVERNMENT WOULD BE ABLE TO SUBMIT WRITTEN AND ORAL EVIDENCE AND ITS REPRESENTATIVE WOULD BE ABLE TO CROSS EXAMINE THE WITNESSES FOR THE PARTIES (LAKER, BCAL, PRESUMABLY BA AND POSSIBLY CPA) (REGULATION 14(7)). ALL WRITTEN EVIDENCE SUBMITTED BY THE HONG KONG GOVERNMENT WOULD HAVE TO BE CIRCULATED TO THE PARTIES: THE AUTHORITY ONLY HAS A DISCRETION IN RELATION TO INFORMATION RELATING TO THE COMMERCIAL OR FINANCIAL AFFAIRS OF THE PERSON WHO HAS PROVIDED IT (REGULATION 12). ANY REPRESENTATIVE OF THE HONG KONG GOVERNMENT HEARD BY THE AUTHORITY WOULD BE SUBJECT TO CROSS EXAMINATION BY THE PARTIES (REGULATION 14(7)).

3. OPTION (2) IF THE HONG KONG GOVERNMENT WISHES TO MAKE AN OBJECTION OR REPRESENTATION WITHOUT DEING HEARD, IT SHOULD DO SO BEFORE 10 JULY. AGAIN IT IS SUFFICIENT THAT IT SHOULD MERELY INDICATE ITS INTENTION AT THIS STAGE. ADDITIONAL WRITTEN EVIDENCE COULD BE SUBNITTED AT ANY TIME UP TO 72 HOURS BEFORE THE DATE FIXED FOR THE HEARING (REGULATION 14(7) A) ALTHOUGH THE AUTHORITY. WOULD OBVIOUSLY LIKE TO HAVE SUCH INFORMATION AT AN EARLY STAGE). THIS WRITTEN EVIDENCE WOULD HAVE TO BE FURNISHED TO THE PARTIES

UNDER REGULATION 12.

A ORTION (3) IF THE HONG KONG GOVERNMENT WANTS TO MAKE ITS VIEWS