TNAG-0189-FCO40-225-Chinese-marriages-in-Hong-Kong-1969 — Page 20

Mr. H.H. Stewart

Reference.

HKK 144.

with (2

de Basto, the Chairman of the Hong Kong Bar Association, has written, at (1), on the question of the current proposals for legislation in respect of Chinese marriages in Hong Kong, complaining, in the manner of the White Queen, that his Association's views have been or are in serious danger of being, overlooked. He has evidently heard from his own sources that the Hong Kong Government is preparing legislation; and possibly also his relations with the appropriate department are none too good and he is seeking our support in such a situation.

2. The Government has, through reports and White Papers, made their proposals public and the Bar Association have produced their own report on the Government proposals..de Basto admits that he has no knowledge whatsoever of any current proposals i.e. he does not know whether the views contained in the Bar Association's report will be incorporated in any legislation or not, though he presumably has strong suspicions. Our own knowledge of what is in the wind is limited. Hong Kong very thoroughly ascertained Chinese opinion before putting forward their proposals in 1965, but from March 1966 until October 1968 we heard no more. Now we are being asked for our views on new proposals, concerning only one aspect of the matter, following a decision in the House of Lords concerning domicile and divorce.(inchyken v. Indyka,)

3.

In these circumstances we can only advise. de Basto that he should influence, the appropriate departments in Hong Kong, and await the publication of the draft legislation, which will almost certainly only be arrived at after the Government have considered the Bar Association's report and any other views that have been put forward since their original proposals. It does not seem likely that if the Hong Kong Government disagrees with the Bar Association's report they will say so in public, and risk a lengthy public argument.

4.

I attach a draft letter for Lord Shepherd's signature below.

1.R.......

(I.R. Murray)

18 December, 1968