CO537-4320 — Page 92

Glitt

(1/972/47)

TOP SECRET

COLONIAL SECRETARIAT,

HONG KONG.

22nd September, 1948.

What

My dear Sidebotham, Sidebotham,

(

In the absence of the Governor, I am replying to your Top Secret letter, reference 14349/13/48 of 29th July, 1948, on the subject of legislation to authorise the interception of telephone messages and inspection of the Hong Kong Telephone Company's records.

The first would entail the unquestioning cooperation of the Telephone Company, and we have particular reason at present to avoid asking the Telephone Company for favours; and even were this not the case, it would be quite reasonable for the manager of the Company, before allowing interception for which he would be taking the responsi- bility, to demand to know the reason why: which it might not be in the public interest to disclose to him. The suggested amendment to the Telephone Ordinance would not be sufficient to compel the Company to comply.

The amendment suggested to the Telecommunications Ordinance would not secure our purpose since smugglers, black marketeers and dealers in gold are not a menace to public safety. It also would have the disadvantage of creating possible conflict between this Ordinance and the Telephone Ordinance.

Unless there is any grave objection, therefore, we would prefer to proceed as suggested in the Governor's despatch No. 21 of 9th June, 1948.

ว

J.B. Sidebotham, Esq., C.M.G.,

Colonial Office,

LONDON.

Yours sincerely,

mit

M.

5-

1948

6