CO129-590-21 Government funds- temporary provisions 23-12-1941 - 4-12-1942 — Page 8

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I do not think we should adopt the Treasury's

suggestion as our draft follows the wording of the Emergency Powers (Colonial Defence) (Amendment) Order in Council,1940, which was settled by Parliamentary Counsel.

2. As regards the letter from the Ministry of War Transport · paragraph 1-they do not seem to have appreciated the effect of Clause 2(1) of the draft Order under which the Secretary of State will be able to make Defence Regulations for Hong Kong and amend existing regulations. He could therefore substitute references to himself or the Ministry of War Transport for references in the present regulations to the Governor or any other authority. Moreover for Hong Kong purposes within the scope of Section 1(1) of the Emergency Powers (Defence) Act, 1939, he can by such Regulations amend enactments including Acts of Parliament.

Paragraph 2. See passage marked A in my minute of the 22nd of January. This is the sort of point I had in mind. It may be that the necessary amendments of the Merchant Shipping Acts could be made by Defence Regulation but if the Ministry of War Transport prefer that we should deal with the matter in this Order we can such powers as H. M. in Council possesses under the Merchant Shipping Acts, insert references to those Acts in the second and third paragraphs of the draft Order and add a specific provision to clause 2. (Power to amend the Order under the Act of 1932 was contained in Section 738 of the Merchant Shipping Act, 1894.)

The Order referred to by the Ministry of War Transport extends certain sections in their application to ships registered in Hong Kong and confers no powers upon the Governor. It seems to me that it is the Merchant Shipping Load Line Convention (Hong Kong) No.1 Order, 1938 (S. R. & 0. No. 781) which has to be considered.

I think the Ministry of War Transport must take ultimate responsibility for the wording of the provision they require, but I suggest that something on the following lines should be inserted in Clause 2 of the draft Order between the present paragraphs (1) and/ 2:-

A

(2) The provisions of Part II of the Merchant Shipping (Safety and Load Line Conventions) Act, 1932, which by the Merchant Shipping and Load Line Convention (Hong Kong) No.1 Order, 1938, were extended to Hong Kong adapted and modified as set out in the Schedule to that order shall apply to Hong Kong subject to the further modification that the powers functions excercisable theralender by thereby conferred upon the Governor or officers

puso authorised by him shall be regarded as having

been transferred to, and shall be exercisable by the Minister of War Transport or officers person authorised by him.;

I do not know whether any other modifications, e.g. in references to other officers, will be required.

With regard to the Merchant Shipping Act,1894, this Order cannot amend an Act of Parliament or an Order under it, nor can it amend

an