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7.S 2,6* SAVINGRAM
1.5216**
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To:--
File No.
O.A.G.,
T
HONG KONG.
$.S. Saw 216.
Sent.
M...
M. Logan
11/10/48.
Repeated to:--
11/10/48.
Mr.W.I.J. Wallace
Sir M S. Abrahams
Mr. Sidebotham
Trafford Smith
12/10/48. (see minute)
12/10/48.
Priority:
15/10/48
21.10 48.
P
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Nil.
No.
In Clear
Reply urgently required.
.Important مراد
atum Immediate.
Most Immediate.
Code
Cypher
Mr.
at once
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15855746 5m 6.48 Wa, & Co. 51/3
hours.
REAKisted.
Xexxxx Top Secret and Bereen!.
Your despatch No. 21 of 9th June. Proposal to
amend Telephone Ordinance No. 9 of 1925.
1. I am advised that the insertion of this
amendment in the Ordinance would create a new and
important obligation as a condition on which the con-
cession was granted and in accordance with which it
is operated (vide Section 3 of the Ordinance 9 of 1925).
Presumably refusal of compliance with a requisition
under the proposed new Section 55A would have to be met
by some kind of action, otherwise the Governor's order
would be ineffective, in which case Section 45 or 46
(or both) of the Ordinance would no doubt be invoked.
The Company might well complain that to legislate in
this way is something very much like a breach of contract
introduced after the agreement under which the con
cession was granted, and which, because it is legis-
lation, they are powerless to prevent.
2.
S
It would, therefore, be inadvisable to proceed
with the amending Bill without obtaining the formal
agreement of the Company. I note, however, from
demi-official correspondence on this subject (MacDougall's
letter of 22nd September) that this may present diffi-
culties at the present time, and I must say that, in any
case, I should have thought it preferable to avoid
/
recourse