Flags
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(away)
Mr. White, A.M.T.D.
Reference....
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The background to this matter is set out
in the short note at (2) on this file. Copies
of the Orders in Council to which that note refers are at front cover together with the draft of a further Order in Council revoking and replacing the two existing ones.
2.
We have consulted the Ministry of Defence and the Board of Trade over the preparation of the amending Order in Council and I would not have bothered you with this matter at all had it not been for the comment in paragraph 2 of Mr. Axton's letter to me at (13).
3.
>
The question whether civil air-craft should be provided for in the Order in Council was fully examined when the original order of 1955 was being considered. The relevant correspondence and minuting is flagged on the attached files. You will note that the conclusion then reached by the law officers and by Mr. Bigg was that negotiation rather than requisitioning was considered to be the most practical of obtaining air-craft in the circumstances envisaged. I should appreciate your views as to whether this remains the position since the conclusion referred to was one reached some 13 years ago. Our next step in this exercise will be to send the Governor a copy of the draft amending Order at front cover for any comments he may wish to make. It is just possible that he may wish to raise the same question as has been raised by Mr. Axton and it might help to forestall such development if we could, when referring the draft order to the Governor, mention the reasons why civil air-craft are not provided for in it.
A.
(A. W. Gaminara) Hong Kong Department 7 August, 1969
P.S. Hv
H
Axton tries
fussed
mc
the question of
that they are not
anveraft. They want
to be sure that the point has ben considered. Mi Gaminara
I think it probably still remains time that cine aucraft could be Offamed by regotiation -as they were on a smaller scall for the Middle East in 1967. Dwould be aswell, however, to
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