CO129-576-7 Administration of government amendments to Letters Patent 19-1-1939 - 17-7-1939 — Page 2

C. I.

'A'

I Gov.

Ref. 3/-/38.

No.48

19.1.39.

Submits addition of certain 2

words to 2 articles in the draft of Letters Patent.

No it was

A

meant to refor

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any

accariin

mym which the

Gar, in going plan

from

4

anothen, in outside

Comitorial waters,

Aufle

The Governor suggests two emendations

to the draft Letters Patent sent to him at 3 on

the 38 papers.

As regards the first of these, there is

a similar provision in the Gambia Letters Patent of

the 27th February, 1935 (see Article 18).

As regards the second suggested amendment,

there is no available copy of the Order in Council

of the 20th October, 1898, but Article 1 reads

as follows:

"The territories within the limits and

for the term described in the said convention

shall be and the same are hereby declared to be part and parcel of Her Majesty's Colony of Hongkong in like manner and for all intents and purposes as if they had originally formed part

of the said Colony."

Hong Kong evidently construes the passage "when on a passage between any two places in the Colony" to contain an implication that there might

be some difference of status between Hong Kong

Island and the leased territories, although I am not sure that this interpretation is justified. I presume that the phrase in question was meant rather to refer to protracted tours of inspection within the territories, involving lengthy periods

of absence from headquarters, which, of course,

would not apply to Hong Kong.

? However, subject to legal observations, the Governor's recommendations may be adopted and

the L.P. amended accordingly.

A.N. Galsworthy

25.2.39.