TNAG-0582-FCO40-715-Requisitioning-of-Ships-Order-1969-validity-of-order-need-f-1976 — Page 33

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Reference HKK 064/48/1 Enter & pa

13/1

#

1/31/9

ترکه اکر

Mr David (HKD)

Davis (1

I am not very happy with para l(a) and I have spoken to Mr Daniels of the Department of Trade who is knowledgeable on the requisitioning procedure. The Department of Trade have the responsibility for dealing with British shipping and are in close touch with the shipping companies in the UK and organisations. Their knowledge of the local British shipping in Hong Kong is limited and they are not in touch with the local shipping organisations.

2. The Department of Trade has over the years come to an amicable understanding in the field of requisitioning and have an agreed

This procedure which is acceptable to the British Companies. involves a number of complex matters, including compensation. It seems to me therefore that the Department of Trade cannot be excluded from the possibility that they would be heavily involved in any action which might be taken to requisition British

The main ships in Hong Kong in the circumstances in question. point is that although they would be unable to delegate the functions of the S. of S. under Article ? since they now have no officers in the area who could carry them out, they would still be responsible for dealing with the British Shipping Companies in the UK in this matter.

3.

Any Secretary of State can assume the powers under the Order, and it seems to me that provided the Governor agrees, the functions could be delegated to him by the Secretary of State for Trade. Provided the Governor signed the requisitioning order or orders an appropriate officer of the Hong Kong government could no doubt be given instructions to carry out the requisitioning of a ship or ships for Her Majesty's service.

4. In the light of this perhaps the draft might be amended on the following lines :-

"(a)" Operative Article 2 of the Order (copy attached)

I

gives specified powers to "The Board of Trade or a Secretary of State". Since the Order was made there have been considerable governmental changes which have affected the old Board of Trade. would be grateful to know if you are content with

On balance I the present wording of Article 2. am, since the present catch-all phraseology would permit the Secretary of State for Commonwealth and Foreign Affairs to exercise the specified powers if this was deemed to be desirable in the light of

B the circumstances at the time;

(b) As there is no longer a Regional Shipping Adviser, nor Sea Transport Officers in Hong Kong, there

now no officers 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. The question is therefore to whom should the functions be delegated. obvious candidate would appear to be the Governor, or the officer administering the government at the

The most

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/time