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No
The hearing itself was a travesty of British justice. The Hong Kong Government made its own preferential views. known early on, became a party to the case, and subsequent to stating its views appointed members to the ATLA tribunal deciding the case, some of whom resigned after Laker complained of violation of fundamental British justice. The Hong Kong Government has compromised the independence of the ATLA. British governmental authority should announce how a case should be decided and then appoint members to the supposedly independent Authority deciding the case, all of whom hold positions of profit or honour from the government. It is only worse when the Hong Kong Government then participates as a party in the hearing itself, as it did in the proceedings before the ATLA in November. Moreover, the Hong Kong Govern- ment's blatant predetermined bias in favour of Cathay Pacific against the background of the known influence of the Swire Group in Hong Kong, reflects badly upon the integrity of British Colonial Administration. No British governmental body should be seen as the tool of a private commercial group.
The Hong Kong Government is not elected by the people of Hong Kong. The Hong Kong Government are appointed servants. of the Crown. The conduct of the Hong Kong Government is a matter which is directly and immediately subject to the control of Her Majesty's Government in all respects.
There is now a further dimension to the problem which reveals the urgency for action. Laker has had a pending application before the CAA and the ATLA for some months in respect of a transpacific route to enable Skytrain services. to operate from the West Coast of North America to Hong Kong
(and vice versa) and thus enabling Laker to carry the British flag round the world if the London/Hong Kong application proves successful. We believe that this application should first be heard and decided by the CAA, in accordance with the views of HMG. The Hong Kong ATLA is anxious to hold their hearing first and has been pressing Laker to agree to an early hearing date. Now CPA have applied in Hong Kong for the transpacific route and inevitably the ATLA machinery will go into action. I have no doubt that history will repeat itself if events are allowed to take their course as before.
I therefore urge and entreat you to persuade the Hong Kong Government to hold back until the CAA hearing has taken place, especially in view of the standing amendment to the Civil Aviation Bill seeking to redefine CPA as a British airline (at CPA's instigation). Additionally, a change in the H.K. ATLA regulations is a necessity before another hear- ing takes place involving CPA in competition with a British
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