TNAG-0181-FCO40-217-Order-in-Council-for-evacuation-of-Hong-Kong-in-an-emergency-1968 — Page 40

TRADE

Our reference: S.T.17/18/02

Your reference:

SECRET

BOARD OF TRADE

SEA TRANSPORT BRANCH

34/36 Parliament Street, London, S.W.i. Telex: 24730 Answer Back: SEATRANS LDN.

Telephone: 01-799 5655, ext. 16

(after 5-30 p.m. 01-799 4204)

1st October, 1969.

23

Dear Gaminam,

Requisitioning of Ships Order 1969

I am reviewing the whole of my arrangements in readiness for the making of the new Order-in-Council, and have been taking a fresh look at the instructions we issued in 1955 to the three designated officials to whom the power conferred by the Order would be delegated.

You may recall that at our meeting in November last, Carter advised that we do not bring these instructions up to date (a) so as not to highlight our further consideration of the whole subject and (b) because of the likelihood of early changes in our representation in the area.

-

While it is true that the substance of the instructions i.e. delegation of power, order of precedence among themselves, procedure for requisitioning etc. remains generally sound, there are many out of date references including the reference in the proposed requisitioning document to the particular Minister on whose behalf they are acting, and the power (qua Order) under which such action is being taken.

Given time in the event these matters could possibly be put right by signal. But if urgency prompted the Governor to request immediate action, the officers have authority in their instructions to comply without waiting for formal delegation. In this event their action would derive from a non-existent power, the 1955 Order having by that time been repealed.

It seems to me we could bring the three officers up-to-date on the essential matters quite briefly and innocuously by means of a personal letter on the pretext of our own transfer to the Board of Trade and its administrative consequences. I feel sure this would not raise any eyebrows, especially as I explained the situation to one of them in person soon after our November meeting, and he has since passed the word on to his two colleagues.

I should not of Perhaps you would let me know what you think. course take any action until hearing from you that the Order had been made.

A.W. Gaminara, Esq.,

Foreign & Commonwealth Office,

King Charles Street,

London,S.W.1.

K271

Rak on

RECEIVED IN REGISTRY No.51

- 2 OCT 1969

HKK 10/8

of file (with M Carter)

MG/40/4 SECRET

If

ф

P.T.O

& with FCO agreement.