CONFIDENTIAL
this particular purpose by the appointment as members of ATLA
of one or more members of the CAA. The CAA could then have been
directed by the Secretary of State for Trade to issue licences to
the operators chosen by the augmented ATLA. Mr Nott insisted
however that it was not appropriate for the CAA's normal proce-
dures to be overridden in this way.
4.
There is no appeal from ATLA decisions.
If the ATLA refuses
a particular application the only way round this would be for the
Governor to override the ATLA, eg by amending the Hong Kong
Regulations so as to allow airlines other than BA to operate
without a Hong Kong licence.
In practice it seems inconceivable
that he would take action to bypass the ATLA, except perhaps in
the unlikely event that CPA were given a licence by CAA but not
by the Hong Kong ATLA.
5.
There is a right of appeal against CAA decisions to the
Secretary of State for Trade and he has in any case the power to
vary CAA decisions as he sees fit. There would undoubtedly be
consultations with the Hong Kong Government before any final
decision was taken. These procedures could therefore provide
the opportunity for resolving a conflict between the Licensing
authorities (as well as for considering whether CPA's chances
had been affected by the bias in the 1971 Civil Aviation Act
against UK airlines which do not have their principal place of
business in the British Isles).
CONFIDENTIAL
16.
No comments yet.
Private notes are available after approval.