C. I.
'A'
I Gov.
Ref. 3/-/38.
No.48
19.1.39.
Submits addition of certain 2
words to 2 articles in the draft of Letters Patent.
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The Governor suggests two emendations
to the draft Letters Patent sent to him at 3 on
the 38 papers.
As regards the first of these, there is
a similar provision in the Gambia Letters Patent of
the 27th February, 1935 (see Article 18).
As regards the second suggested amendment,
there is no available copy of the Order in Council
of the 20th October, 1898, but Article 1 reads
as follows:
"The territories within the limits and
for the term described in the said convention
shall be and the same are hereby declared to be part and parcel of Her Majesty's Colony of Hongkong in like manner and for all intents and purposes as if they had originally formed part
of the said Colony."
Hong Kong evidently construes the passage "when on a passage between any two places in the Colony" to contain an implication that there might
be some difference of status between Hong Kong
Island and the leased territories, although I am not sure that this interpretation is justified. I presume that the phrase in question was meant rather to refer to protracted tours of inspection within the territories, involving lengthy periods
of absence from headquarters, which, of course,
would not apply to Hong Kong.
? However, subject to legal observations, the Governor's recommendations may be adopted and
the L.P. amended accordingly.
A.N. Galsworthy
25.2.39.