‘File 13/32 Joint use of Bahrain and Sharjah airfields by civil and military aircraft’ [‎6r] (11/40)

£
m
fo'a W ^ r0 the 'Proceedings Act, 1947, is in force
(i e R - p' ™ M h n tbe R.A.F. or M.C.A, employ a controller the Croon
V • H.ii.x. or M.C.ii. ) \.ill be liable to bo sued in tort*
se^aJsVf > applicati f n t0 tort ? is onl y concerned with torts of
nrOTid^ hv Cro™ romuneratod out of the consolidated fund monies
: , ,. ^ rliamont etc.. Provided the tortfeasor is so remunerated the
i?s thC t0rt is ooram ttted but there can be no question of
or WoT to cover cases where the employing authority is a colonial
paragraph 28°aW): “ " Ca8 ° S the l0Cftl laW Wuld sti11
Contract
31♦ So far as liability in contract is concerned it will depend on the
proper law of the contract", i.e. the lav/ which the parties intend shall
govern the contract* In default of evidence as to intention this is usually
taken to be the law of the place where the contract was made.
t 2 * The contract of employment might affect the relations between employer
anu employee m the case of an accident but it could not govern the relations
of employer or employee with third parties. For example there might be a
condition that the employee should be dismissed if an action in an English
court established that he was negligent in discharging his duties; but there
could not be a condition that the employer would not be liable to third
parties for the torts of the employee.
-rp* Liability as between the employing authority and the person suffering
damage may be affected by any contract between them.
AIR TRAFFIC CONTROL
General ~ "
34# All control procedures, whether control is bv R A F
be those formulated by I.C.A.O.
or civil, will
35* In the case of civil aircraft
not mandat ory.
control procedures can be advisory and
Airfield and Approach Control
36. Ono authority, either R.,i.
(and where applicable approach)
t’. or civil, will be responsible for airfield
control.
37. _ This authority will also bo responsible for the manning of all ground
services concerned with control, with the exception of telecommunications,
required to cover both R.A.F. and civil needs, without regard to the number of
personnel involved.
p 8 * P S bn 00r 3 r01 Staff tak ° ° Ver before th0 introduction into the
R....K of full I.C.A.O. procedures an R.A.P. control officer will bo retained
to ensure that R....1-. aircraft arc controlled in accordance with current
R.A.F. regulations.
j9. Where the control authority is civil the provision of information of a
restricted" category concerning purely R.A.F. facilities will be the
responsibility of the R.A.F. flight planning staff located at the airfield
concerned.
40. .lien the R.A.F. require to use airfields for operational or training
purposes where the control authority is civil, they will put in R.A.F. staff
/to
CIV,1 6788 .