71
66
13304/1/33 [No. 2].
No. 33.
COLONIAL OFFICE to THE PERAK RIVER HYDRO-ELECTRIC POWER
GENTLEMEN,
COMPANY, LIMITED.
Downing Street, 25th January, 1933.
I AM directed by Secretary Sir Philip Cunliffe-Lister to transmit to you, for your information, a copy of a document entitled Memorandum II, dated 3rd November, 1932, by the Legal Adviser to the Federated Malay States Government regarding your land titles in the State of Perak. The Government of the State of Perak are prepared to grant to your Company, in accordance with the provisions of Clause 1 (5) of the Concession, leases for the period of the Agreement of the inundated area and of any State lands that may be required for the purpose of the works shown on the preliminary or final deposited plans, or for any other works or purposes approved by the Government, subject to the payment of the prescribed survey and registration fees. If, however, in view of the expense of survey you do not desire to take the necessary preliminary steps to obtain a lease for the inundated area, the Perak Government as the grantors of the concession and the Federated Malay States as third charges are prepared to agree that no title for the inundated area should be issued if you can obtain the consent of the three trustee corporations to that course.
2. I am accordingly to request that, if it is the wish of your Company to avoid the expense involved in a survey of the inundated area, you will approach the three trustee corporations with a view to obtaining their consent to the course indicated above, and communicate their consent to this Department.
3. I am also to request that you will bring to the notice of the three trustee corporations the substance of paragraphs 13-18 of the enclosed memorandum.
I am, &c.,
J. A. CALDER,
13304/1/33 [No. 4],
SIR,
No. 35.
THE SECRETARY OF STATE to THE HIGH COMMISSIONER. (No. 30.)
Downing Street, 25th January, 1933.
I HAVE the honour to acknowledge the receipt of your despatch No. 713 of the 3rd of November,* and to inform you that in accordance with your request in paragraph 4 Messrs. Burchells have been consulted regarding the position of the Perak Government and the Federated Malay States Government in relation to the Perak River Hydro-Electric Power Company, Limited. A copy of correspondence† with Messrs. Burchells is enclosed for your information.
2. I also enclose, for your information, copies of letters which have been sent to the Company and to the Trade Facilities Act Advisory Committee subsequent to the receipt of Messrs. Burchells' report
13304/33 [No. 20].
No. 36.
I have, &c.,
P. CUNLIFFE-LISTER.
THE HIGH COMMISSIONER to THE SECRETARY OF STATE. (Received 24th April, 1933.)
(Confidential.)
[Answered by No. 38.]
SIB,
King's House, Kuala Lumpur, 31st March, 1933. I HAVE the honour to refer to your Confidential despatch dated the 9th January, 1933, § on the subject of the Perak River Hydro-Electric Power Company, Limited, and to forward, for your information, a copy of a letter which has been received from Messrs. Malayan Collieries, Limited.
2. My comments on this letter will be despatched to you as soon as possible.
13304/1/33 [No. 3].
I have, &c.,
0. CLEMENTI,
High Commissioner.
No..34.
COLONIAL OFFICE to THE TRADE FACILITIES ACT ADVISORY COMMITTEE.
SIR,
Downing Street, 25th January, 1933. WITH reference to your letter of the 10th of February, 1932,† I am directed by Secretary Sir Philip Cunliffe-Lister to transmit to you, to be laid before the Trade Facilities Act Advisory Committee, a copy of Memoranda numbered I and II, and dated 3rd November, 1932, by the Legal Adviser to the Federated Malay States Government regarding the land titles of the Perak River Hydro-Electric Company, Limited
2. I am to request you to inform the Trade Facilities Act Advisory Committee that Sir Philip Cunliffe-Lister concurs in the views expressed in paragraph 16 of Memorandum I, and that it is regretted that in the circumstances the undertaking for which the Trade Facilities Act Advisory Committee have asked cannot be given.
8. A copy of a letter to the Company§ dealing with the points raised in Memo- randum II is enclosed for the information of the Committee.
I am, &c.,
J. A. CALDER.
SIR,
Enclosure in No. 36.
Malayan Collieries, Limited.
General Managers and Secretaries.
J. A. Russell & Co.
Kuala Lumpur, 20th March, 1933. Malayan Collieries, Limited, and Perak River Hydro-Electric Power Company, Limited.
We have the honour to again refer to the negotiations which took place last year in connexion with the proposals for the acquisition of the power station owned by Malayan Tin Dredging, Limited, by the above-named Power Company.
As a result of the representations made by ourselves to the Government and of the view which, we understood, was taken by yourself and by His Excellency the High Commissioner, we hoped that the proposals for the acquisition of the power station owned by Malayan Tin Dredging, Limited, would not be proceeded with.
We are credibly informed, however, that the agreement between the Power Company and Malayan Tin Dredging, Limited, is now being completed.
Before this agreement is given effect to, we would once again respectfully ask that the limitation of the legal rights of the Power Company as set forth in the Con- cession Agreement dated the 5th November, 1926, be strictly enforced so that the rights of the public, which it was intended to preserve, should not be infringed.
We venture, therefore, to reiterate the main facts which are submitted for your further consideration.
*Enclosure 2 in No. 24.
† C. 92302/1/32 [No. 1]: not printed.
§ No. 33.
Enclosures in No. 24.
* No. 24.
+ No. 26 and No. 30. ‡ Nos. 33 and 34.
§ C. 92302/32 [No. 76] not printed.
FOLIO
RECORD OFFICE
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