TNAG-0965-FCO40-1184-Air-services-between-the-UK-and-Hong-Kong-1980 — Page 14

its scheduled services on a route which is

for the time being specified in an Air Services Agreement or other arrangements entered into by HMG with another Government".

"Other arrangements" are to cover the not infrequent case where the route is only to be found in a Confidential Memorandum of Understanding).

12. In summary,

I conclude that (without the opportunity to make a full study of the records such as might reveal the provisions on which the Governor's power to exempt was based) it is not entirely clear whether an extension of such a power would be safe from challenge in the courts. We should therefore be ready to make an Order in Council, if necessary, if any decision to widen the exemption is challenged.

Yours

ever,

Richard Grondiner

R K Gardiner Legal Advisers

сс

P G F Bryant Esq Department of Trade CAIR

1 Victoria Street

Mr Burton, MAED, FCO

Mr Clift, HK&GD, FCO

Mr Aust, Legal Advisers, TCO

44.000 CONFIDENTTAT,