CONFIDENTIAL
31. The Governor has deployed some of the above arguments in support of his plea for the retention of clause 10 and has stated that he
would find himself in considerable difficulty in defending the removal of the clause in question (although the present situation would not
have arisen had the Governor consulted us over the terms of the Bill
before it was published or referred to his Executive Council).
32. The attached draft saving despatch sets out the views of the
department and its legal advisers on the disputed clauses of the
Bill.
The draft has been prepared on the assumption that Ministers
will feel unable to agree to the retention of clause 10 in its present
form and will require certain amendments to be made to the other clauses in dispute. However, in view of the strong plea made by
the Governor for the retention of clause 10, Ministers may wish to
have the views of the Law Officers before reaching a final conclusion. The department's legal advisers consider that in any event it would
be desirable for the views of the Law Officers to be obtained if there
is to be any question of retaining clause 10 in its present form;
they further suggest that if any reference is made to the Law Officers
on clause 10, then their views should at the same time be sought on the other clauses in dispute.
7 July, 1970
Eɣaria
(E. o. Laird) Hong Kong Department
CONFIDENT IAL