TNAG-0181-FCO40-217-Order-in-Council-for-evacuation-of-Hong-Kong-in-an-emergency-1968 — Page 93

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Mr. Carter

You will recall our discussion last November with Mr. Clayton of the Ministry of Transport about the

Requisition of Ships Order. The note at (2) was pre- pared for the purposes of the meeting and Mr. Clayton subsequently sent us the letter at (3). On 17 January I minuted the file to Mr. Cruchley and in my minute I recorded the fact that the subject had been discussed withat

the Governor during his last visit to this country and at that discussion it was agreed that the Requisi- tion of Ships Order should be amended to bring it up to date despite the fact that plan "Digit" for the evacua- tion of Hong Kong had been abandoned and had not been replaced.

2. Now please see Mr. Cruchley's minute of 30 May, in which he asks if an approach may be made to Hong Kong to see if the first draft of the new Order could be prepared there, in view of the pressure of work in his own Office.

3. I am somewhat dubious about approaching Hong Kong over this matter partly because the drafting of Orders in Council is riably the concern of the Department; partly because the nature of the amendments is purely formal and should not therefore present very much of a drafting problem; partly because for security reasons the Governor Wes not wish the drafting to take place in Hong Kong: and partly because the Hong Kong Legal Department may likewise be under pressure. It did occur

to me to suggest that the matter might be held over pending Mr. Denys Roberts' arrival in this country next month when we could discuss it with him. However, it would perhaps be inadvisable for us to do this without the knowledge of the Governor. On balance, therefore, I suggest that we should write to the Governor and I attach a draft for consideration. If the Governor agrees that we should discuss the matter with Mr. Roberts then that would seem a satisfactory method of dealing with any outstanding points.

If you agree with the course suggested, it would perhaps be advisable for Mr. Cruchley to see the draft before it issues. I do not propose to place this minute on file.

15. I have a feeling that in view of the long period

of time which has elapsed since the making of the 1958 amending Order, we may not succeed in getting a further Order made without some questioning. When the amending Order was made in 1958 the matter was of considerable urgency and the then Commonwealth Secretary proceeded without prior reference to the Cabinet although he did consult other interested Ministers and subsequently reported to the Prime Minister the action that he had taken.

(A. W. Gaminara)

10 June 1969

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