(a) H.M.G. would, by virtue of the
constitutional nexus, take over the
assets and responsibilities of the Hong Kong Government.
(b) It follows from (a) that it would have to
meet all legal substantiated claims on the Hong Kong Government in excess of the official assets.
(c) H.M.G. might not be in a position to
direct the disposal (as opposed to the release) of private assets; in the draft I have simply said that "private assets would be in a different category", without attempting to indicate what the position might be.
The legal position on the blocking and release of assets has already been looked into by the Treasury. Please see paragraphs 7-8 of the Treasury paper flagged B on HWB 10/4.
7. I should appreciate your views on the draft. Clearly legal advisers will have to confirm the above assumptions and should see the draft. You may feel that it would be more appropriate for the legal adviser to your department to do this. You will note that I propose to say that we are looking into the precise legal position. This, I imagine, might take some time and involve consultation with the Treasury solicitors; we certainly do not want to undertake such an exercise unless it is absolutel; necessary in order to kill the proposal before us. It would be helpful to have the legal adviser's views on this point also.
16 August, 1968
6.5. Carter
(W. S. Carter)
P.S.
S
should
mention
that the broad outline of
The draft Wiraw follows Lord Shepherd's
Own
M'Carter
suggestion's.
I think you are right. But I should suggest that you put this not only to sin 4. Grattan Bellew hat also to Claims Dept. who presumably have much expertise
on this sort ofthing
Mb.
1/8
No comments yet.
Private notes are available after approval.