TNAG-0181-FCO40-217-Order-in-Council-for-evacuation-of-Hong-Kong-in-an-emergency-1968 — Page 67

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of 19 March, 1955.

Copies of these two telegrams

1

Flag Flag

are also enclosed. In addition to the reasons. given

at the time in the latter telegran, there was some doubt as to the obtained concerning the incluson of aircraft in the orders, as a result of legal position which/related to the suspension of Prerogative powers by reason of the taking of statutory powers under such legislation as the Air Corporations Act 1949; the Civil Aviation Act 1949 (as applied by the Colonial Civil Aviation (Application of Act) Order 1952) and certain other legislation. But the main reason for omitting powers to requisition aircraft was the conclusion that negotiation rather than requisition was the most practical way of obtaining the necessary aircraft.

Ba

Since Some thirteen years have now elapsed since

therefore the making of the 1955 Order/we have thought it advisable, before proceeding with the making of a further Order, to check this point with you and to make sure that there has been no change in the situation which might make it either necessary or desirable to extend the provisions of the new Order to cover the requisitioning of aircraft. One point that occurs to us in this connection is that if ships are provided under requisition but aircraft are provided by arrangement, the airlines might contend that they were being placed at a disadvantage in

matters of insurance. We have no reason for believing that this is necessarily the case, but it is

and

a point which we feel we should mention.

From our point of view it would be much simpler to confine the new Order to the requisitioning of

shipping.

B

NOTHING TO BE WRITTEN IN THIS MARGIN

We intend to clear the terms of the draft Order with the Governor of Hong Kong and it is possible an accordinglyg

that he himself may raise the matter of aircraft unless we deal with the point in referring the draft Order to him. We shaved be grateful for your wiews:

•

4. I should perhaps make it quite clear that the

sole reason for this exercise is the routine one of

keeping the Order in Council up to date. Like its predecessors it will not be published.

/7...

writing

15

you,

of

our

at the suggestion Aviation,

Marine &

Telecommunications

Separtment for

you

viesos.on

this aspect