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would contain a clause similar to that in the Defence of the Realm Act of 1939/47, which would enable an Order in Council to be made to extend the powers under the Act to Governors of Dependent Territories. Thus the Governor of Hong Kong would be able to make regulations to meet local circumstances at the time. A useful guide would be the regulations made during the last War which may well still be on the statute book.
7. Mr Fletcher said this still did not provide him with the information he needed for planning purposes in Hong Kong. Mr Frost said that any such planning would be a matter for the Governor, but guidance would be sent from London in the event of a grave emergency. I said that whereas colonial territories formerly drew up a Defence Scheme based on an ODC paper, and this scheme was vetted in London, there was now no such system and Governors had been told they should drop such schemes, but they could draw up plans to meet local contingencies, including internal security. Mr Fletcher repeated that Hong Kong was still a UK colony and would expect to take part in the war effort, e.g. sending supplies to the UK. I said that all Governors held special instructions on their role in war and these should in general terms suffice to enable the Governor to give instructions to those concerned.
8. I suggested that it might help Mr Fletcher if he could be shown the Aide Memoire held by the UKSR (i.e. in the Colonial Secretariat) and Mr Frost agreed. Also I said it might be useful if I wrote to Mr Bristow and suggested that the Governor might find it useful to brief Mr Fletcher on the shipping passages and the paragraphs on legislation in his special instructions, e.g. paragraphs 8, 9 & 10 of the Despatch and 24 and 25 of the attached memorandum.
9. With regard to the 1969 Order it was made clear that it had nothing to do with UK war planning. It was designed for a special purpose. Mr Frost said that it was now impracticable for his Secretary of State to delegate powers to officers in Hong Kong since there was no longer a regional Shipping Adviser in Singapore and no Sea Transport Officers in Hong Kong. Alse the Board of Trade
no longer existed. The Order specified 'a Secretary of State' and it followed that the Secretary of State for Foreign and Commonwealth Affairs could assume the powers given by the Order and presumably delegate his powers to the Governor. It was confirmed that the FCO Legal Advisers had expressed the view that the Order in Council was still effective. Whether it needed to be brought up-to-date was a matter for the FCO to decide.
10. Mr Frost suggested that it would be useful for Mr Fletcher to meet a suitable representative of the British Council of Shipping and to have a talk with the Marine and Transport Department of the FCO. Mr Janvrin said that arrangements had been made for Mr Fletcher to call on the Hong Kong Department on the morning of the 24th August and that he would arrange for someone from Marine and Transport Department to be present also.
wilmizometry
DWH Wickson
24 August 1976
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