proposal would mean loss of the best compromise achievable. Preservation in situ had been confirmed as unacceptable to both the Trustees and the developer. It had never been the policy or practice for the Antiquities Authority to recommend the Governor in Council declaration of a private building as a monument without first obtaining the owner's consent. Government's possible liability to
liability to pay compensation was also mentioned, although it was pointed out that resumption of the site by the Crown was unlikely as a means of preserving the Synagogue in situ.
9
At its meeting on 12 September, AAB considered the replica proposal, after hearing representatives of the 'Save Our Synagogue (SOS) Committee. AAB decided, by a majority, to recommend to SMS acceptance of the reconstruction option, and the uplifting of the declaration of Synagogue as a Proposed Monument to enable the project to go ahead. SMS had to suspend such action as in the meantime the SOS Committee had appealed to the Attorney General for an injuction against the Trustees' proposed project. On 29 September, the Crown Solicitor informed the SOS Committee that there was no case for applying for such an injunction.
10
A member of the ААВ then started lobbying other members with а view to overturning the decision of 12 September, accusing the AAB Chairman and Municipal Services Branch of
of mishandling the issue and misleading the Board. This resulted in a number of AAB members feeling uncertain as to whether MS B had given them misleading or incomplete information
the 12 September meeting. Distrustful speculation was also spread by this member who described the earlier confidential meetings with the Trustees as unsavoury collusion between
SMS, Lord Kadoor ie and Swire Properties Ltd.
at
CAA B,
11
In the
meantime, the member's comments and accusations in the press,
unauthorized by AAB, prompted the Trustees and leaders of the Jewish Community to request permission to attend the AAB meeting on 28 November to present their point of view. On 26 November, an application was submitted by the Trustees to the Antiquities Authority to withdraw the Proposed Monument declaration, claiming that the continuation of the declaration was working unjust and serious detriment to the joint interests of the Trustees and SPL.
12
At the 28 November meeting, AAB heard representations by leaders of the Jewish Community, the Trustees and their professional consultants who explained the case in support of their application for uplifting the declaration. After the meeting, members were given another week to send in their individual views in the light of the latest information, since a considerable amount of late papers had to be digested. December, all the returns had been received by CAAB. The result was an even split of six to six.
CONFIDENTIAL
By 5