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Perth,
Western Australia.
25 July, 1969
bar Hamish,
Thank you for your letter of 7 July, which missed me in Hong Kong as I had left for the Australian Law Convention. However, they have forwarded it to me
here.
As I don't have my papers with me, this may be inaccurate, but I think that the particular matters I wanted to have a word about were
1.
The Marriage Reform Bill
"
(a) This provides for the dissolution of certain "customary" marriages which are validated by the Bill. This would make the Bill a "reserved" one under the Royal Instructions, so we would like to know if you see any objection in principle to what is proposed.
(b) Jurisdiction to grant decrees of divorce etc. would be based on the petitioner having a "substantial connection" with the Colony. Domicil is a concept which does not fit our circumstances. Would this be acceptable? (See Indyka v. Indyka on the. substantial connection test in recognition cases).
2. Disciplinary Regulations
We discussed a revision of Col. Regs. dealing with disciplinary matters last. year. We would, however, like you to reconsider the one which prohibits disciplinary proceedings being taken on the same grounds on which a man was acquitted on a criminal charge.
Otherwise, we would be grateful to learn of your general reaction to the sets of Hong Kong disciplinary regs. sent to you last month, to supplement the revised
KK 14. Col. Regs.
KK 18/30
3. Criminal Procedure (Amendment) Ordinance 1968
This is the one providing for in camera sittings, about which the Secretary
of State seemed worried.
4. Retirement at 45 (under section 87 of our Pension Ordinance)
Other Colonies have had similar provision for retiring a man at 45.
When this
is done, is there any need to give him reasons, or an opportunity to make. representations against this being done?
1
I hope I've covered the main points. I'll give you a ring (or Tony if you're away) on Monday 11 August perhaps a meeting on Wednesday or Thursday might be
suitable to you?
I'm off to Mauritius, South Africa and Malawi tomorrow.
Yours ever,
(Sgd.) Denys (Roberts)
Sir James McPetrie, K.C.M.G., O.B.E.