13
From 4/67023/1/20.
steno No: See No
in 54023/1/4 XWB.
seek indemnification enactments from the State Govts. concerned as soon as we ure again in touch with them.
Paragraph 5. I notice that Farliamentary Counsel do not say that there is anything actually/legal in the proposal that the S. of 3. should have general powers to amend legislation. The number of cases in which the 3. of 3. has virtually to assume the power of the Governor already is quite extensive, e.g. debts of the Hong Kong Govt., arranging pensions, arranging payments to dependants of Civil Servants and instituting and arranging payments of allowances etc. to dependants of volunteers, arranging for the retirement and abolition of office of officers for whom other employment cannot suitably be found etc. etc. On these grounds I feel sure that a general power would be most convenient provided that the exercise of the powers are left permissive. In the case of estate duties, for instance, we thought that it would be too complicated a matter for us to undertake the assessment of duty. The adoption of this principle would seem to me to get round the difficulties referred to in para. 7 of Mr. Roberts-Tray's minute.
(Mr. Roberts-Tray has asked that Sir K. Poyser should see these papers).
king some
In the montime the urgency of Hong Kong funds available to Hong Kong is shown by Ir. Goldburg's letter at 27. Whether or not the suggestion in pua. l of Ir. Roberta-Jeng'a minute is pursued, it is obvious that the 2nds must be made available to meet the obligations of the Hong Kong Government, and I take it that there will be no objection to writing to Dr. Gol@burg as in letter herewith.
hosh 7mm.
21.4.42.
Paragraph 4. The income is part of the Fund. If amendment of the Ordinance is necessary to apply the money in the manner proposed, it seems to me to follow that the Fund is being diverted to a purpose which was not intended by the Legislature. My own view is that an amendment of the Ordinance is necessary for this purpose; but it would be interesting to know whether the gift to the U.K. Government was covered by legislation. I agree that if necessary we can go back to Parliamentary Counsel on this point,commenting as in Mr. Monson's minute,
bul'd further question which they would no doubt ask is whether we cannot take the same line with regard to Hong Kong and Straits Settlements Funds as is being adopted for the Malay States.
Paragraph 5. Speaking generally, I should think that the discharge of Colonial government debts, the arrangement of payments to dependant s of civil servants and volunteers, and retirements and abolition of offices, are matters not governed by Ordinance or Order in Council; and unless they are, transferton of powers under enactments as proposed in the draft Order would not enable the Secretary of State to exercise those functions. We could transfer all the authority of the Governor in Council under the pensions laws to the Secretary of State and, since the general principle is that officers hold office at the pleasure of the Crown,
there
No comments yet.
Private notes are available after approval.