CO129-592-10 Future Policy in Hong Kong- Port Administration 10-4-1946 - 15-4-1947 — Page 11

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private enterprise. The Owen scheme also would leave approved private enterprise to provide all minor facilities and to do its own operating.

The fact that over the past few months action as described at the beginning of this minute has been taken towards the ultimate establish- ment of a Port Trust ought not, I think, to close the door against the possible reconsideration, even at this late date, of the point of principle. Whether such reconsideration would result in a recommendation for some degree of public operation in addition to the public control exercised in the past and to be exercised in/ the Owen scheme, or whether the resulting recommendation would be one favouring more liberty to private enterprise cannot, of course, be foreseen. But the important point to me is that, since there is said to be some local opposition to the Port Trust scheme, and since this does not entirely come, as Mr. MacDougall's letter makes plain, from business circles, the point of principle ought not now to be regarded as chose jugée on the strength of a decision of 1941.

The new Executive Council has at least some claim, which the Governor might be invited to consider, to re-examine the point of principle anew after this lapse of time and that point, quite apart from the draft legislation, might, if the Executive Council so recommend, be debated in the Legislature.

For these reasons I agree generally with Mr. Mayle's view that we should give Sir Mark Young a lead in favour of reconsidering the point of principle. I have, however, recast somewhat the draft prepared in the Department and now submit it.

Before the draft Ordinance prepared by

Mr. Colman and the Consultative Committee can be sent out to Hong Kong, it should be examined by the Legal Advisers and, in sending it out, account should be taken of any substantial comments which they have upon the draft.

Tk, Lond

22.5.46.