CO537-1658 — Page 14

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Mr. Dale

Mr. Lloyd

I have put up a revised draft after discussion with Mr. Dale. One of the difficulties here is that the subject matter of the petition, namely the surrender of Shum Wai Yau to the Chinese authorities, is one for the decision of the Governor-in-Council under the Hong Kong law.

I understand that Mr. Dale feels that nevertheless if the Governor is likely to come to the conclusion that an order should be made for the surrender of Shum, the Secretary of State should have an opportunity of considering the matter further before the order is actually made, and that for that purpose we should ask the Governor to let us have a further report on the petition in the above event. This is what the revised draft telegram does.

As the corruption in the second sentence of Hong Kong telegram No.1315 may be important, I think that the Telegraph Section should clear this corruption up. Perhaps they would take action accordingly when they send off the attached draft telegram.

When the telegram has gone a letter should be sent to the solicitors here on the lines proposed in the telegram.

I mentioned this case to Mr. MacDougall when he looked in this afternoon, and I gather that he fears that the Governor will have no alternative but to make the order for Shum's surrender.

I have marked this to Mr. Lloyd because it is a case which might have important political repercussions.

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