Flag I
"Justice" to send them an equally detailed reply, or whether a reply in general terms would be regarded as adequate. If the former is the case, then I imagine that some considerable time will be required for the preparation of such a reply. However, in case the latter course is acceptable, I am attaching a draft reply as a cock-shy. This draft is not, I fear, a very substantial reply but, without going into legal detail, it is difficult to see what more can be said.
7.
The Hong Kong branch of "Justice" have obviously gone to a lot of trouble in preparing their later memorandum. It raises a large number of what, to me, appear to be highly legalistic points, although certain matters of principle are also involved. It will be noted that "Justice" are not seeking disallowance of the Ordinance. They are asking for the points that they have raised to be taken up with the Hong Kong Government.
8.
As regards (iii), Mr. Roberts' letter to Sir James McPetrie is on the attached temporary jacket. I have kept the letter separate from the papers on this file so that it can be dealt with independently of other action. In the first instance, however, it needs to be considered in conjunction with the papers on this file since its subject matter is closely related to them. I have placed on the temporary jacket a draft reply to Mr. Roberts for consideration. Provided you see no objection, perhaps you would pass the temporary jacket on to Sir Francis Herchenroder with your comments.
Whether there are any legal objections to the course of action proposed in paragraph above.
9.
I shall be grateful if you will advise:-
(I)
(II)
(III)
LIV7Q
and
If a
As to the form of reply to be sent to "Justice". detailed reply is to be sent, I suggest that action on the other points should first be completed the files then returned to the legal advisers for the preparation of such a reply.
If a reply to "Justice" in general terms is sufficient and if the memoranda are to be sent to Hong Kong, perhaps you would indicate any particular points in the memoranda which should be specially commended to the Governor for consideration'as to whether we should now convey to Hong Kong notification of non-disallowance of the Ordinance. Since we agreed to the terms of the Bill before it was enacted, there can presumably be no question of querying this step now.
10. Lord Shepherd will be away from the Office from 15th to 22nd January.
DANGE.
A
(A.W. GAMINARA)
12th January 1968
extract is flagged
$.
Ps. The Ordinance is flagged
L
the
Hansard
Legislation in other
territories is plagged
R at back
8
this file.
Page 105Page 106