19
4 of No. 3 and
mentioned in
рала,
50%
No. 10.
? We
should therefore reply.
in draft h/w.
Mr. Wallace, Mr. Mayle and
жи
-
nor. Roberts
Wrang
should see.
D.3. Why te 1912.
مه
Mr. Mayle.
We discussed (11), which is the Governor's reply to the despatch of 12th November at (10).
In effect the Governor says the situation is as envisaged in paragraph 4 of our despatch. It follows from this that we should offer no objection to retention of the Ordinance for a further six months, but should require a fresh review if it is desired further to retain the Ordinance beyond that period.
The Ordinance, if retained after 31st December 1947, must in any case be amended as regards Section 2 for the reason given by the Governor. Opportunity is therefore being taken to introduce a clause providing for suspension of the Ordinance by Proclamation. We suggested this in paragraph 5 of our despatch to suit a situation more normal than that envisaged in paragraph 4. The Governor might therefore, since paragraph 4 represents the present situation, well have refrained from acting on this suggestion. The nub however of our suggestion was that the suspending Proclamation should be issued immediately following the amendment of the Ordinance. The Governor says the situation does not permit this. In effect, therefore this amendment means very little.
!
In (11) the Governor does not refer to the amendment to Section 4(1)(b)(i) to which we have twice drawn his attention (in last sentence of (10) and in (3)). Since however Section 4(1)(b)(i) will have to amended anyway because, like Section 2, it becomes meaningless as it stands when Regulation 32 of the Hong Kong Defence Regulations ceases to have effect on 31st December 1947, we can I think safely assume that the amendment we have suggested will be considered. I have however referred to the point in my draft reply to the Governor opposite.
The despatch at (10) was passed by the Parliamentary Under Secretary of State. The Secretary of State's minute on which we have based our reluctance to see this Ordinance retained is dated 21st November 1946.
In. Brows-Way should see.
I
vollan
2.1.48.