TNAG-0965-FCO40-1184-Air-services-between-the-UK-and-Hong-Kong-1980 — Page 15

*c.

CONFIDENTIAL

113

الله

:

:

GR 1650

CONFIDENTIAL

DESKBY 100902 Z

FM HONG KONG 102741Z NOV

TO IMMEDIATE FOREIGN AND COMMONWEALTH OFFICE

TELEGRAM NUMBER 1478 OF 10 NOVEMBER, 1980

TOP COPY

NKK 184/6

INFO IMMEDIATE HONG KONG GOVERNMENT OFFICE LONDENCEIVED IN REGISTRY RC. 51

12 NOV 1930

PERSONAL FOR CLIFT (FOR GOVERNOR FROM ATTORNEY GENERALFFICER REGISTRY

MIPT: ATLA DECISION.

INDEX

No

PA

MS 18

Action Taken

| Awislo

1. I UNDERSTAND THAT YOU HAVE ASKED MY ADVICE ON TWO MATTERS ARISING FROM THE RECENT DECISION OF ATLA AGAIN TO REFUSE LAKER'S APPLICATION TO OPERATE A SCHEDULED SERVICE ON THE HONG KONG/ LONDON ROUTE, NAMELY:

(A) WHAT RIGHTS OF APPEAL EXIST AGAINST THE DECISION: AND

(B) THE GOVERNOR'S POWER TO GRANT EXEMPTION FROM THE OPERATION OF THE AIR TRANSPORT (LICENSING OF AIR SERVICES) REGULATIONS (''THE REGULATIONS).

2. MY ADVICE IS AS FOLLOWS:-

(A) RIGHTS OF APPEAL

(1) HISTORY: IT IS NECESSARY TO OUTLINE THE HISTORY OF THE REGULATIONS

-

(A) THE REGULATIONS WERE MADE IN 1949 UNDER THE U.K. AIR NAVIGATION ACT 1936, CERTAIN PROVISIONS OF WHICH WERE EXTENDED TO HONG KONG BY VIRTUE OF THE COLONIAL AIR NAVIGATION (APPLICATION OF

ACTS) ORDER 1937/378 (AS AMENDED BY S.R. AND 0. 1937/1864, 1945/1637 AND 1947/2738).

(B) THE AIR NAVIGATION ACT 1936 WAS REPEALED BY THE CIVIL AVIATION ACT 1949 BUT THE 1937 ORDER CONTINUED IN FORCE BY VIRTUE OF SECTION 70(2) OF THE 1949 ACT UNTIL SUBSEQUENTLY REVCKED BY ARTICLE 6(1) OF THE COLONIAL CIVIL AVIATION (APPLICATION OF ACT) ORDER 1952. ARTICLE 6(2) OF THAT 1952 ORDER SET OUT A SAVING PROVISION BY VIRTUE OF WHICH THE REGULATIONS CONTINUED IN FORCE.

(C) ARTICLE 3 OF THE 1952 ORDER EXTENDED THE PROVISIONS OF CERTAIN SECTIONS, INCLUDING SECTION 13 OF THE 1949 ACT AS ADOPTED AND MODIFIED, TO VARIOUS TERRITORIES, INCLUDING HONG KONG. IT IS THOSE ADOPTED AND MODIFIED PROVISIONS OF SECTION 13 IN WHICH, AT THE PRESENT TIME, THE REGULATION MAKING POWERS OF THE GOVERNOR ARE CONTAINED. THEY ARE SET OUT IN SCHEDULE 2 OF THE CIVIL AVIATION ACT 1949 (OVERSEAS TERRITORIES) ORDER 1969.

(D) SECTION 5 OF THE 1936 ACT AS AMENDED, ADAPTED AND MODIFIED PROVIDED IN SUBSECTION (1)(C) AS FOLLOWS - ''(1) THE GOVERNOR MAY WITH THE APPROVAL OF A SECRETARY OF STATE MAKE REGULATIONS (C) AS TO

APPEALS FROM THE LICENSING AUTHORITY BY PERSONS INTERESTED IN THE GRANT, REFUSAL, REVOCATION OR SUSPENSION OF ANY LICENCE UNDER THE REGULATIONS:'

CONFIDENTIAL

/ (E) THE 1949

see

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