CO537-6046 — Page 304

le

(Min. & Defence)

Q

4. Hayman. (Min. 7. 1. Hayman (.

Mr.Sidebotham.

(Ke1.6).

)

15-2-50.

27-2-50

The S. of S.began his minute of 6/1/50 with the assumption that in spite of the emergency in Hong Kong it is advisable at this state of affairs to go ahead with constitutional adjgstments.

At the telegram at (1) on this file the Governor has agreed to the "matter being treated as not urgent". Mr. Nicoll also said that in view of the changed circumstances in China he thought the Governor would not wish any major constitutional changes to be made during the next few months. Mr.Rees Williams, Lord Listowel and the S. of S. in their minutes of 4/1, 5/1 and 6/1 had mentioned the Governor's reserve powers. Sir K.Roberts-Wray's minute of 2/2 shews that in practice, reserve power is used very sparingly indeed and that it has been publicly stated in relation to two or three particular constitutions that occasion for its use would rarely arise.

The Ministry of Defence and Foreign Office were asked for comments on the Governor's despatches vide (3) and (4). Neither has been able to comment without further information of the implications in the proposed constitutional developments vide (6). (The F.O· said so in a telephone emereration ↑

I would be grateful for guidance as to the next move. It seems to me we cannot obtain any comments from the Ministry of Defence or Foreign Office until we give them further information and to do this we ought to satisfy ourselves whether this is the proper time to carry out these changes & (b) whether the reserve powers can in fact be used as an adequate safeguard.

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In view of the brief discussion we had with Mr. Nicoll would be inclined to suggest that the Governor's views on (a) might be obtained. His proposals were made when conditions in China were very different from those prevailing there now, He might also be approached about (b).

At this stage this might best be done by personal letters ar telegrams.

H4 Hall.

28th February, 1950.

Mr. Paskin.

There are two points I think which require early consideration.

Both the F.0. and the Ministry of Defence want to know exactly what the implications of the new Hong Kong Constitution are in fact, no doubt on such matters as the powers of the Governor to exercise final control in the case of questions of major importance.

1. Now as I see it, Ministers under the last Government were under the impression that we could rely on the use of the Governor's reserve powers to secure our view when and if necessary, but, as Sir Kenneth Roberts-Wray has pointed out, that is not in fact the case and the reserve powers are very rarely used indeed in practice. There is no use, in my view, trying to expound this constitution to either the Ministry of Defence or the Foreign Office until we have a clear-cut decision as to the extent to which we really

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