requisitioned.

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comment about

Your

defence and external relations strikes me

as

probably cont

the right approach to

the question whether it is legally correct

to exclude the Associated States

Article 5 a. Sept would implications.

from

I wonder whither Caribbean

wish to

consider practical

on these aspects are

However, my comments

strictly informal: para

I is my

sole substantive contribution.

Mitchell

23.12.1976

Pl. nee above minutes. Conten

އ

re

Dept. may wish to comment in WAS.

секёс

27/12.

тор

SECRET

CODE 18-77

دن

Mr Rushford. LEGAL ADVISERS

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Reference. HKCK 064/548/1

2.4.

REQUISITIONING OF SHIPS ORDER 1969

1.

I would be grateful for your comments on Mr Wickson's minute of 9 December (below):

2. My own, such as they are, are these: In the unlikely event of this Order ever being evoked, the Governor and Government of Hong Kong would most probably be in the process of dissolution. If China repossessed, there would subsequently be no funds in Hong Kong to meet bills for compensation from ship owners. Therefore,

if anybody paid, it would have to be the Government of the UK. I assume that the cost of meeting the ship owners' charges would fall to the Secretary of State, by whose authority the acts of delegation were carried out. This would presumably be the Secretary of State for Foreign and Commonwealth Affairs. The

fact that the Secretary of State for Trade had advised ship owners in the UK that their ships in the Far East were being requisitioned under the Order would not bring home to the Department of Trade any financial responsibilities for paying compensation.

20 December 1976

T J David

Hong Kong Department K 245 233 4777

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ARR

21.12

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