CO129-591-11 Emergency unit 1-1-1945 - 31-12-1945 — Page 7

letter and some possible suggestions for overcoming the difficulties which still remain. These are, of course, only preliminary suggestions which have not yet been discussed with any legal authorities and they would of course have to be examined most carefully if we wish to pursue them. They may, however, as a basis for your preliminary talk with Colonel Montgomery.

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(Military

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Mr. MacDougall and I had a talk with Lt.Col. Montgomery, M.1.2, on Saturday evening about this. The objections which appear in No.8 are attributable to the nervousness of the Civil Affairs Directorate, War Office, that this proposed emergency administration should steal any thunder which could properly be claimed in normal circum- stances by a straight and regular Civil Affairs Unit under the War Office aegis.

The actual amendments in the telegram itself we need have no difficulty in accepting, save for at X in the draft ("with governmental powers derived from MACHIN"). On this particular point Sir J. Grigg's letter asserts that the emergency administration cannot derive its authority from a British Commander nor rely upon military authority for its origin. We propose therefore to substitute for paragraph Second the following:-

"Second. In that event Colonial Office consider

very necessary to forestall assumption of civil administration by Chinese by means of rapid infiltration of British personnel under instructions from MACHIN. On entry into Hong Kong leader of these personnel would organise and direct essential emergency administration under authority which will be vested in him by Secretary of State for Colonies for such interval as is necessary

before