TNAG-0964-FCO40-1183-Air-services-between-the-UK-and-Hong-Kong-1980 — Page 9

Mr Clift

АКК 18416

RECEIVED IN KOGUSTYN NO. 51

DESK

INDEX

03 JUN 1980

Acton Taken

LELISTRY TFAL

мо

23.6

AW 316

Mr Chat or

Minute

7748

1. Maria

Hong Kong and General Department

HONG KONG: LONDON AIR ROUTE

(65)

See

Thank you for your minute of 12 May. I am sorry for the delay in replying: as I explained, I have thought it best to await Mr Roberts' return from abroad in order to consult him. I have now done so and the following represents his views:-

i)

ii)

iii)

it is certainly worth facing up to the contingency of the worst possible case, ie Mr Nott confirming the decision of the CAA, and working out in advance how HMG's position could be presented in Hong Kong;

on the other hand BCARFE would not be a suitable instrument to use since:

| a)

b)

it is doubtful whether he has the personal qualities for the task; and

the Governor is likely to object to his being used in this way. Mr Roberts' recollection from when he worked in the CRE Division dealing with Hong Kong was that the Governor considered himself as Her Majesty's Representative in Hong Kong and the constitutionally correct channel for representing HMG's point of view;

since, as you rightly point out in your draft, it is neither proper nor commercial for the British Trade CMissioner to take on the task the only alternative

seems to be for a senior DOT official to undertake it (eg Mr Steele or Mr Roberts himself). It would be practically difficult for either of them to visit Hong Kong for the purpose in the period when the problem is likely to arise, and it would not of course be an easy brief to follow. But the more important obstacle is that this course would probably run up against the same objection as the use of BCARFE, ie the Governor's view of the constitutional proprieties.

iv)

215-

the only solution therefore appears to be for the Governor to be asked to fulfil his consitutional roles and to wear two hats, giving expression to the views of both HMG and the Government of Hong Kong. This would clearly be no easy task in the situation we are contemplating, but there appears to be no satisfactory alternative;

CONFIDENTIAL

/v)