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only twelve days after it was published without, in the view of
our Branch, adequate time being allowed for public discussion or
detailed consideration of its implications.
We have been sent a memorandum on the Act prepared by
a local lawyer and have submitted this, together with a copy of the Act, to one of the constitutional experts on our Commonwealth Committee. His appraisal has been considered by our Committee
and approved in principle, and I have now been asked to send it
to you for your information and such action as you may think fit.
It will be seen that the main objection to the Act is that it embodies in permanent legislation powers which, even if they are justifiable at all, should be only temporary.
Indeed
one of the points made by our Branch about the Emergency Regulations
was that they should be made subject to annual review and renewed
by the Legislative Council rather than kept in force indefinitely.
I would add that JUSTICE accepts the view expressed in
the appraisal that it would not be desirable that the British
Government should publicly exhibit any divergence from the views of the Hong Kong Government but should, if possible, exert some influence towards having the Act reviewed both generally and
periodically.
The Rt. Hon. Lord Shepherd, Commonwealth Relations Office,
Curtis Green House,
Embankment,
S.W.1.
Yams suncerely
Tom Sargent