cultivate land, but this kind of thing seems very unsuitable to current conditions, particularly in Hong Kong. One way would be to amend it by the addition of a provision like that in the East African Order in Council contained in the end of para. 5 of the despatch on the 1940 papers; but I wonder whether we could not be more drastic and abolish the clause altogether? Perhaps we could discuss.
Wed).
8/8/49.
6
MR. D ALE.
In my minute on the 1940 file, I only expressed doubts, but am now inclined to think they were not very well founded, though as our despatch of 1940 shows, they were shared by lawyers in Kenya. I think the course that was adopted in Kenya is the best, namely to add a paragraph to the Article in the Letters Patent; but I think it would be better drafted as follows
"Nothing in this Article shall be construed as
preventing the enactment of laws by the Legislature of the Colony regarding the making and execution of such grants and dispositions".
It is strange that Article 16 of the Kenya Letters Patent of 1920 does not appear to have been amended in this way.
I should prefer not to drop this Article altogether from Colonial Constitutions. I believe it is of particular significance in the Bahamas in connection with Crown lands, and there have been other cases in which we have been glad to rely upon it.
22/8 22/8/1949.
In Kulmis
The pomies keum are
I kär
1. I have no doubt kar li Clausecilin
L.P. as it stand cours leance's
2. There is some doubt whitin tin beislan
could provior for delegatin without
amendment
Um L.? (referten to the 1260 despatches, sunday coins)
3. Amund L. P. as in die Kr. Robert Wray's
In Thausson shed see laher spout coping & Mange
прис
memil
an one
off. copnöh frei
Way).
hrwich
23.
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