(HKK 10/8)
TOP SECRET
Hong Kong Department,
12 August, 1969
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37.815
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The Requisition of Ships Order 1955
We should be grateful for your views on one point relating to the above subject. The matter is of long standing and I am accordingly giving you the following background information.
cince the early 1950's plans have been held in readiness for requisitioning shipping for the evacuation of Hong Kong in the event of an emergency. The necessary requisitioning powers were originally provided under United Kingdom Defence Regulations but in 1955 those Regulations lapsed and the Royal Frerogative was then invoked by way of an Order in Council which took power to requisition British ships, wherever they might be, for the same purpose. The Order in Council was never published or brought into force; it was, and still is, held in readiness against the occurrence of an emergency in Hong Kong. It was amended in 1958 merely in order to bring it up to date and the amending Order has likewise never been published. Copies of the two Orders in question are enclosed. It will be seen that the Orders are now again out of date and the third enclosure to this letter is the draft of a further Order in Council which is intended to remedy this situation.
It will be noted that none of the Orders provides for the requisitioning of aircraft. The possibility of so pro- viding was, in fact, considered in some detail at the time that the Orders were made and indeed the point was raised by the Governor of Hong Kong in his Top Secret Telegram No. 228 of 15 March, 1955. The reasons why the requisitioning of
FED/400/03. aircraft was not provided for in the Orders was given in the
Secretary of State for the Colonies' Top Secret Telegram No. 277 of 19 March, 1955. Copies of these two telegrams are also enclosed. In addition to the reasons given in the latter telegram, there was some doubt at the time as to the legal position which obtained concerning the inclusion of aircraft in the Orders, as a result of the suspension of Frerogative powers by reason of the taking of statutory powers under such legislation as the Air Corporations Act 1949; the Civil Aviation Act 1949 (as applied by the Colonial Civil Aviation (Application of Act) Order 1952) and certain other legislation. But the main reason for omitting powers to requisition aircraft was the conclusion that negotiation rather than requisition was the most practical way of obtain- ing the necessary aircraft.
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TOP SECRET