RESTRICTED
4. The definition of "British airline" was presumably framed deliberately so as not to include airlines with their principal place of business in a relevant overseas territory (which includes Hong Kong). Section 66(1) of the Act does however make it possible by Order in Council to extend provisions of the Act to a relevant overseas territory, or to apply them in relation to aircraft registered in such a territory, with appropriate modifications. If by virtue of an Order in Council under section 66 the CAA were given a substantial jurisdiction in Hong Kong, or over Hong Kong aircraft, there might be a case for modifying S.3(1) so that the definition of British airlines
included Hong Kong airlines. However, unless a substantial jurisdiction in Hong Kong were given to the CPA it is difficult to find any justification for amending the definition of British airline. In other words, if Hong Kong airlines want parity with existing British airlines, the territory must come within the general scope of the 1971 Act, which is presumably not in contemplation either here or in Hong Kong.
Altart.
A I Aust
Legal Advisers
9 August 1979
cc: Mr Freeland Mr Rushford
Mr Gardiner
Mr McLaren (HKGD)
2
PROMPTAUTIN
Page 90Page 91
No comments yet.
Private notes are available after approval.