7
I read the minutes above as meaning that those
who have seen the papers so far are agreed that Mrs. Black should be compelled to leave Hong Kong, but that there is some doubt as to the proper legal instrument under which the Order to her to do so should be enforced. I am not altogether sure that I have not been responsible for drawing a red herring across the trail by presuming that the Governor would take action under the Regulation of June 1940. My assumption was based on the use of the word "prosecuted" in the Governor's telegram at 3, which did not seem to be applicable to the process described in Clause 6 of the Defence (Entry Restrictions) Regulations 1940, a copy of which I have now attached to the file, and which makes the failure to comply with conditions under Regulation 3 liable to detention by executive act of the competent authority. I for one would not have regarded this process as being described as "prosecution" which seems to me to imply an actio a Court of Law, but it may be that the authorities in
Hong Kong have used the word in a different sense, and have all along had in mind action under the Defence (Entry Restrictions) Regulations. I attach a draft telegram for conson. to the Governor on the lines of the minutes above.
M.
WBhimm.
14.6.41.
confine it the
ん
kalain questionn
ក
Nor
on white we want to
be satisfied. But we might also find
out alwab the
othus now mentioned.
16.0.4
H có động thông To Hong
3%
4
the
-Tel 563 Bonf-16·6:444.
5. Gov. H.K.
Tel 578
23.6.41.