.0
Reference...
with (6...).
Sir Arthur Grattan
Bellew
by mid Febmangy
Atis Mr. Roberts reply to Mr. Carters letter at
2.
Leaving aside for the moment clause 10, I think that Hong Kong are prepared to meet us very largely on the points raised in the enclosure to (3). There are however 1 or 2 points about which I am in some doubt:
(a) Clause 3
Mr. Roberts says that they intend to include in the proposed new sub-clause in clause 4 a presumption on the lines of section 2 of the Prevention of Co-operation Act, 1916.
Do you
see any objection to this? I am not sure its import.
(b) Clause 14
^
It seems that they do not propose to modify sub-clause 1 (a) or sub clause 1 (c). We did not specifically ask them to amend these sub- theme clauses and I am not sure if we can accept thinge as they stand.
(c)
Clause 15
Mr. Roberts says that they will "try to" preserve the confidential nature of instructions to a legal adviser from his client. It sounds as though he anticipates some difficulty over this.
3.
As regards clause 10, please see the penultimate paragraph of Mr. Roberts' letter. I presume that this point will have to go to Ministers. If so the question arises of whether it should also be put to the Law Officers. If the answer
amig is in the affirmative, in reference to the Law Officers should presumeably take place before the matter goes to Ministers. The question then arises of whether the matter should first be put to higher authority. I cannot trace the papers relating to the Prime Minister's directive to which reference is made in the
last paragraph of 3, but perhaps they are with
you?
4. You will note that Mr. Roberts asks that in the event that we are unable to agree that clause 10 in its amended form should remain in the Bill, we should inform them accordingly by telegram/we therefore have not a great deal of time at our disposal and I should be grateful if you could let us have your comments as soon as possible.
5.
The Bill is in the envelope at the first
enclosure of this file.
帖
(A.W.Gaminara)
HONG KONG DEPARTMENT
3rd February, 1970