Viva Macau Continues Appeal & Considers Legal Options
1 June 2010 – Viva Macau is surprised that the Macau Court of Second Instance’s declined its appeal to suspend the decision of the Secretary for Transport and Public Works that resulted in the termination of the airline’s sub-concession, and will continue to appeal and consider all legal options.
The Viva Macau appeal included hard evidence, such as the written instructions signed by the President of the Civil Aviation Authority of Macao SAR on March 28 ordering Air Macau to terminate the sub concession, which included the statement: "According to the decision of the Secretary of Public Works and Transports of today… Air Macau must terminate immediately the contract of sub-concession agreement with Viva Macau".
However, in declining the appeal, the Macau Court of Second Instance claimed that the Secretary only expressed an "opinion" rather than making an "administrative act" that had effects which can be suspended.
The portrayal of these direct instructions as just "a suggestion" further highlights the bizarre circumstances around the sudden revocation of the Viva Macau Air Operator's Certificate (AOC), a globally unprecedented event in international aviation.