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In your letter under reply you do not deal with point made in my letter about the definition of "ectment" in Article (2) of the draft Order and the consequent effect of that definition upon the Hongkong Defence Regulations. As I pointed out in my previous letter, we venture to think that the Hongkong Defence Regulsations are provisions made by virtue of an Act of Parliament. If this view is correct the functions of the Governor under the Hongkong Defence Regulations are not transferred either to the Secretary of State or to the Minister of War Transport. They are not caught by the provisions of Article 2(1) of the draft Order since they are not specifically referred to there and they are excepted from Article 2(3) by reason of the aforesaid definition of "enactment " It seems to me essential
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that this point should be specifically covered.
You will recall also that in my last letter I made the point that there may well be other functions of the Governor in relation to ship ing of which we have not yet thought but in respect of which provision ought to be made. Under the draft as it stands at present, the only functions of the Governor exercisable in relation to shipping which become exercisable by the Minister of War Transport are those under the Merchant Shipping Acts and those under the Defence Regulations (assuming of course that you accept the amendments proposed above). If there are any other functions of which we have not yet thought, these will have to be exercised by the Secretary of State or else the necessity will arise of making another Order. think, therefore, it would be a wise precaution to insert into Article 2(3) the same provision as appears in Article 2(1)(a) under which the functions of the Governor in relati n to ships and vessels, etc. are specifically assigned to the Minister of War Transport?
us.
Do you
There is one further point under the draft Order in Council which I am afraid,has only just occurred to
Under the draft as it stands, if the necessity were to arise hereafter of making fresh Hongkong Defence Regulations for any particular purpose, e.g. in relation to Hongkong registered shins, these Regulations would
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