Reference.
will (9
No comment on the draft-tly,
Mr Clifton (Migration and Visa Department)
Mr Rushfood
1. A reply is required to the letter at (9) which is a follow-up to the letter at (5) to which we sent an interim reply at (6).
2.
I attach a draft which is based very largely on Mr Clifton is minute of 22 December. I should be very grateful if he would check whether I have got my facts right in the draft.
3. I shall be grateful if the file may be passed on to Mr Rushfood for any comments he may have, and in particular for him to advise on whether there are any other points in the draft Bill behind (2) to which we should invite attention.
4. I do not think it would do any harm to enclose with the letter a copy of the despatch of September 1934 to which Mr Rushford referred in paragraph 1 of his minute of 2 November. However, I am somewhat doubtful whether the terms of a 36 year old despatch are necessarily apposite in today's circumstances. In fact, my sympathies are with Hong Kong in this in so far as clauses 15, 16 and 17 are concerned; but I have doubts about the desirability or need for clause 55(2). However, Ministers and others may well take a different view. We should at least ask Hong Kong to spell out their reasons why they want thisį wide powers. They have given somewhat cursory treatment to this point in the explanatory memorandum accompanying the draft Bill.
5. As regards Miss Miller's minute of 23 December, I do not know what proposals have been put forward by the other dependent territories mentioned in that minute, but will it not be desirable to co-ordinate our aproach to these various proposals at some stage?
A W Gaminara
Hong Kong Department
5 January 1971
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LASS PAPER
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