3
54.34.9/49
NG KONG
1 212
The Colonial ofries,
The Church House,
Great Smith Street,
8.T.1.
لی
September, 1949
17
gir,
I have the honour to refer to your despatch No.64 of the 12th April,1949 concerning curtain questions which have arisen in connection with greats of Crow Lands. It is the view of my Legal Advisers that the power conferred an you by Article XIII of the Letters Patent to make grants and dispositions of Crom Landa extends to the grunting of permits and liomoss. They consider, however, that it is doubtful whether an mactment of the Hong Kong legislation could provide for that power to be delegated by you to officers of your Government without amendment of Article XIII of the Letters Patent, In this connection I would refer you to Mr. N.L. Smith's despatch No.251 of the 20th May, 1940, and the late Lord Lloyd's despatch No.299 of the 17th October, 1940, of which I enclose copies.
2. I am accordingly advised that the most satisfactory means of meeting this difficulty would be an amendment of the Letters Patent; but that, in place of the additions suggested in paragraph ♣ of your despatch under reference, it would be better to add at the end of Article XIII :-
"Nothing in this Article shall be construed as preventing the enactment of laws by the Legislature of the Colony regarding the making and execution of such grants and dispositions."
3. I should be grateful to learn whether you agree with this proposal,
I have the honour to be,
sir,
Your most obedient,
humble servant,
(sgd.) LISTOWEL.
for the Secretor of State
GOVERNOR
SIR ALEXANDER GRANTHAM, K.C.K.G.,
etc.,
etc.,
etc.