3
may mise
Governor
от
In conversation with Mr. Caine, Sir C.Bottomley has expressed doubts as to the ability of the Crown Agents to respond to "instructions" from the S. of S. for operation on the Hong Kong funds or certain of them, (e.g. the Exchange Fund). It is possible that a similar difficulty in the matter of the power
Hong Kong authority to operate effectively in matters which are a statutory function of the Governor or one of his officers. For instance, there may be difficulties in the residue of requisitioning of prize court matters in which someone will have to be able to dispose of Hong Kong properties or obligations.
of any
The straight course would seem to be an Order- in-Council empowering the Secretary of State to exercise any functions of the Governor-in-Council or any of the officers of the Hong Kong Administration which are vested in those authorities under any law or regulation in operation in Hong Kong at the time of its occupation by the Japanese.
I cannot find any precedent for such an Order- in-Council neither in the case of the Channel Islands or in that of Somaliland or that any such Order issued: but nevertheless I suggest that in the case of Hong Kong it is desirable to consider it without delay.
El Gant.
3.1.1942
Mr. Gent.
I
We recently had a meeting in connection with this matter and we decided that (a) a further meeting at which representatives of other Government Departments should be present was not necessary, and (b) a draft Order in Council should be prepared and copies sent to other Government Departments, that are or might be interested, for their comments. attach a draft Order in Council and explanatory note prepared by Mr. Roberts-Wray and agreed to by all the Legal Advisers. The Department and/or the Crown Agents may no doubt require that there be additions to the Schedule, e.g. pensions and widows' and orphans' legislation.
Kas.
10. 1.42.
on
Mr. Caine and I have discussed the form of this draft Order-in-Council and it seems to us unfortunate that it is not thought possible to draft the Order in more general terms rather than to have to particularise in the Schedule each individual
Finance
requlation romance the aft of which the Secretary of
State or other authority here is to be vested with parallel powers.
Another point is that it seems to be very much a question whether the powers in any case should be parallel: that is to say, the/local authority in Hong Kong
The
specified
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