TNAG-0582-FCO40-715-Requisitioning-of-Ships-Order-1969-validity-of-order-need-f-1976 — Page 28

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Foreign and Commonwealth Office

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JKT Frost Esq

Head of SP2 Division

Department of Trade

34-36 Parliament Street LONDON SW1A 2ND

Enter & buince

Month

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D28/10 DIY/

25/12

Telephone 01- 233 4777

Your reference

10

fortnight as 1429

HKK 064/548/1

Our reference FOLDER 129

Date

14 September 1976

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14

14/10

REQUISITIONING OF SHIPS ORDER 1969

1.

At the meeting with Alan Fletcher, Director of Marine in the Hong Kong Government, on 23 August, Robin Janvrin, whom I am succeeding in this department, agreed inter alia to reconsider the Requisitioning of Ships Order 1969 with a view to its updating. We shall, of course, need to, consult the Hong Kong Government but, before doing so, I would welcome your views on the following points:

(a) Operative Article 2 of the Order (copy attached) gives specified powers to "The Board of Trade or a Secretary of State". Since the Order was made there have been considerable changes in the organisation of the government which have affected the old Board of Trade. I would be grateful to know if you are content with the present wording of Article 2. I am inclined to think that it would serve since the reference to "a Secretary of State" would permit the Secretary of State for Foreign and Commonwealth Affairs to exercise the powers specified if this was deemed to be desirable in the light of the circumstances at the time; (b) As there is no longer either a Regional Shipping Adviser or Sea Transport Officers in Hong Kong, there would appear to be no suitable officers of the UK Government in the area to whom the functions of the Secretary of State could be delegated (under operative Article 3 of the Order) in the event of an invasion of Hong Kong becoming imminent. question is therefore to whom should the functions be delegated. The most obvious candidate would appear to be the Governor, or the officer administering the government at the time who cald, if he wished work through te3ordinate officers of the Hong Kong Government;

The

/ (c) While

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