CO129-595-7 Indemnity and Validating Ordinance- 1946- correspondence 18-5-1946 - 11-2-1947 — Page 21

Enclosure No. 2.

THE INDEMNITY AND VALIDATING ORDINANCE,

1946

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1.

Explanatory observations in accordance with Article XXVIII of the Royal In- structions

The Ordinance follows closely the Indemnity and

Validating Ordinance enacted in the Colony of Singapore,

and the draft for the Malayan Union which had previously

been forwarded by the Secretary of State to the British

Military Administration.

2.

The draft in question did not contain any provi-

sions for the continuance with Government of contracts

made with the British Military Administration but Section

6 of the Singapore Ordinance, a copy of which arrived two

days before the enactment of the Hong Kong Ordinance was

enacted, did, and it was thought advisable to make corres-

ponding provision here. The words "or purporting to have

been entered into" in Section 6 of the Singapore Ordinance

were considered too wide. In Hong Kong the British Mili-

tary Administration included other branches of the services

besides Civil Affairs and there may well be some contracts

which were entered into without authority and which either

should not be ratified by Government or should be varied.

A possible example is a contract for repairs and addition

to the Royal Hong Kong Yacht Club which was used as a Ser-

vices Club, in which the expense alleged to have been in-

curred appears unjustifiable. It was also thought that

there may be contracts, such as for services or for supply

of labour and material which were verbal or were neither

expressed to terminate at the termination of the British

Military Administration nor intended to continue thereaf-

ter. The words "unless the contrary intention appears"

were accordingly inserted in the Hong Kong Ordinance.

3.

Instructions from the Secretary of State as to

: