TNAG-0181-FCO40-217-Order-in-Council-for-evacuation-of-Hong-Kong-in-an-emergency-1968 — Page 106

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The Requisitioning of Ships Order, 1955

From the early 1950's, until the beginning of 1968 plans have been held in readiness for requisitioning a considerable tonnage of shipping for the evacuation of Hong Kong in the event of an emergency. The necessary requisitioning powers were originally provided under United Kingdom Defence Regulations, but in 1955 those Regulations lapsed, and the Royal Prerogative was thân invoked by way of an Order in Council which took power to requisition British ships, where-ever they might be, for the same purpose. The Order in Council was never published or brought into force; it was and still is held in readiness against the occurrence of an emergency in Hong Kong.

FED 528/400/23

1954-56.

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2. It will be noted that the powers to requisition shipping were an integral part of the plan for the evacuation of Hong Kong. At the time that that plan was drawn up, it was envisaged that in the event of Chinese military aggression against Hong Kong, the Colony's garrison would fight a determined "last ditch" rear guard action with the object of gaining time for the evacuation plan to be carried out; and the military directive to the Commander British Forces, Hong Kong, at the time included instructions to this effect. However, subsequent developments in the Far East and elsewhere have led, at the beginning of 1968, to the scrapping of the plan (Plan 'Digit) for evacuating Hong Kong in an emergency, and it is unlikely that any substitute evacuation plan will be prepared. The Commander British Forces, Hong Kong's directive. has been amended accordingly.

3. Now that there is no longer a plan for the evacuation of Hong Kong, it is arguable that it is no longer necessary to continue in being the Order in Council designed to provide powers for requisitioning British shipping. The Order has been amended on one occasion (1958) to bring it up to date, and it now needs further amendment; it could not be published or brought into force in its present form. It is therefore, necessary either to revoke the Order without replacing it, or to bring it up to date and 1457-59. continue to hold it in readiness against a possible emergency,

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5/22/52/400/03

despite the fact that an evacuation plan for Hong Kong no longer exists. If the Order were merely revoked, no other action would be involved except the cancellation of instructions which were issued under it in 1955 to various officials of the Ministry of Transport in the Far East. It is considered that these instructions could be cancelled discreetly without any resulting and undesirable comment. If the order is to be brought up to date and retained in being it will be necessary for the instructions also to be brought up to date. A preliminary discussion has been held with a representative of the Sea Trans ort Division of the Ministry of Transport who are considering what amendments to the instructions would be required for this purpose.

5 December 1968

Austrianna Hong Kong Department

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