9
Ond
B
an Order under an Act unless power to do so is invoked. If the Merchant Shipping Acts are to be recited, it could, under subsection (2) of Section 4 of the Act of 1894, declare someone to be the Registrar of British ships for Hong Kong under that section, but I doubt whether any purpose would be served in doing this since it appears that the Registrar must be in Hong Kong. This Order cannot touch Section 89 though it may be possible to do what the Ministry of War Transport consider necessary by Defence Regulations.
Paragraph 4. The Defence Regulations to which Mr. Monson refers can be amended as necessary by virtue of Clause 2(1) of the Order.
Paragraph 5. I imagine this Order would be of use mainly in connection with financial matters and merchant shipping so the Ministry of War Transport have more reason to raise this point than other Departments. It will be seen that in the draft paragraph set out above I have proposed that the Governor's power under the Act of 1932 should be transferred to the Minister of War Transport. If it is thought that other similar powers should also be vested in him, e.g. under local Merchant Shipping legislation, Clause 2(1) of the draft Order could be amended by substituting for "the Secretary of State;" at the end of the following
(a) in the case of functions relating to ships or vessels, their masters and seaman (including apprentices), navigation (including safety at sea and aids to safety in navigation) and wreck and salvage, the Minister of War Transport;
•
(b) In the case of other functions, the Secretary of State;"
Paragraph (a) of the above is an adaptation
of Article 1(a) of the Minister of Shipping
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(Transfer of Functions) Order,1939. It seems doubtful whether any other parts of the Order are required. This, however, is a matter for the Ministry of War Transport.
I have indicated partly in pencil and partly in ink on the attached "working copy" of the draft Order the amendments which may be required in consequence of the comments in 16. There is one other point. The draft refers in some places to "powers" and elsewhere to "rights, powers and control". I suggest using the term "functions" instead since it is more comprehensive.
11/2/42.
M. Rohits-Wen seems to have courred all the points raised in No. 16; and /aple with the suppested
Amendments to the draft Own in Council, subject to any damnations 4 the Minister of War Transport.
4the
Ithits that won should uns reply to No.16 on the lives, unitatis mutandio, of M. Robits. Way's write of 11/2/42.
12/2/42
11.6.
Res
12/2/42