TNAG-0870-FCO40-1080-Air-services-between-Hong-Kong-and-the-UK-1979 — Page 132

4. OPTION (3) IF THE HONG KONG GOVERNMENT WANTS TO MAKE ITS VIES

KNOWN TO THE AUTHORITY WITHOUT BEING HEARD BY THE AUTHORITY AND

WITHOUT MAKING AN OBJECTION OR REPRESENTATION, IT COULD CONVEY

ITS VIEWS TO DOT EITHER DIRECTLY OR THROUGH THE FOO,

DOT COULD THEN PASS THOSE VIEWS TO THE AUTHORITY WHEN IT WAS

CONSULTED BY THE AUTHORITY IN THE NORMAL MANNER ON THE INTERNATIONAL RELATIONS ASPECTS OF THE CASES BEING HEARD. THE VIEWS OF THE HONG

KONG GOVERNMENT WOULD BE DISCLOSED BY THE AUTHORITY TO THE PARTIES TO THE CASE UNLESS EITHER THE SECRETARY OF STATE AFTER CONSULTING THE AUTHORITY, HAD GIVEN THE AUTHORITY A DIRECTION UNDER SECTION 4(3)(B) OF THE CIVIL AVIATION ACT 1971 ON THE GROUNDS THAT ITS DISCLOSURE WOULD AFFECT THE RELATIONS OF THE UNITED KINGDOM OR THE SECRETARY OF STATE HAD CERTIFIED UNDER PROVISION (1) TO REGULATION 12 THAT IT WOULD NOT BE IN THE PUBLIC, INTEREST FOR

THE INFORMATION TO BE DISCLOSED.

5. OPTION (4) IF THE HONG KONG GOVERNMENT SO WISHED A REPRESENTATIVE COULD APPEAR AS A WITNESS ON BEHALF OF ANY OF

THE PARTIES TO THE CASE.

6. THE REGULATIONS DO NOT GIVE THE HONG KONG GOVERNMENT ANY RIGHT

OF APPEAL TO THE SECRETARY OF STATE, BUT IF THE HONG KONG GOVERNMENT GO FOR OPTION 1 AND ARE HEARD BY THE CIVIL AVIATION AUTHORITY, THEY WILL HAVE A RIGHT TO PUT IN A SUBMISSION IF ANYONE ELSE APPEALS. IN ANY EVENT THE SECRETARY OF STATE WOULD UNDER REGULATION 16(14) CONSULT HONG KONG ON THE SUBJECT MATTER OF THE

APPEAL.

7. ALL THE FOREGOING WOULD EQUALLY APPLY IF A LICENCE APPLICATION

WERE MADE BY CPA TO THE AUTHORITY.

CPA'S RIGHTS IN CONNECTION WITH THE ECAL AND LAKER APPLICATIONS 8. CPA PRESUMABLY HOLDS AN AIR OPERATOR'S CERTIFICATE UNDER THE AIR NAVIGATION (OVERSEAS TERRITORIES) ORDER 1977. THIS IS QUOTE AN AIR NAVIGATION ORDER UNQUOTE FOR PURPOSES OF REGULATION 14(1) OF THE CIVIL AVIATION AUTHORITY REGULATIONS 1972 AND ACCORDINGLY CPA HAS A RIGHT TO BE HEARD AND A RIGHT TO ARPEAL AGAINST THE AUTHORITY'S DECISION. HOWEVER, IN ORDER TO EXERCISE THIS RIGHT CPA MUST ENTER AN OBJECTION OR REPRESENTATION BEFORE

18 JULY AND IN SO DOING MUST STATE THAT IT WISHES TO BE HEARD (REGULATION 14(1)),

9. COMMENT. WE NEED HARDLY MENTION THAT NEITHER THE HONG KONG GOVERNMENT NOR CPA SHOULD DIVULGE IN PUBLIC INFORMATION OBTAINED

FROM INTER-GOVERNMENTAL CONFIDENTIAL MEMORANDA NOR SHOULD

INFORMATION IN AN ATTRIBUTABLE FORM BE DISCLOSED WHICH HAS BEEN

PROVIDED TO YOU BY HNG WHICH COULD HAVE A BEARING ON THE OUTCOME

OF THE PROCEEDINGS SINCE ANY SUCH INFORMATION COULD BE REGARDED

AS BEING PREJUDICIAL TO THE APPELLATE POSITION OF THE SECRETARY OF STATE FOR TRADE.