TNAG-1142-FCO40-1422-Hong-Kong-and-the-Falkland-Islands-crisis-1982 — Page 79

Hrch 2012

PAR. AC

Mr. Chamberlain

Si-E

Janek G.S.

h

Reference......

InteQu нистр). Мухар

CONFIDENTIAL

My. Meridio

Sir kynude shelore

EMERGENCY POWERS (FALKLAND ISLANDS) BILL

Por 13/5

I have explanied

to the Burrows that x -

shrut rear Cureur wi

Commeil.

280/

Jwilcian

1.. Thank you for showing me a copy of the draft Bill, edition 48/3. We agreed that it would be useful for me to take the opportunity of my meeting yesterday with Mr J C Griffiths QC, Attorney General for Hong Kong, to consult him in confidence about the possible extension of the Bill, if and when enacted, to Hong Kong.

2.

24

7.5

Seel

I accordingly explained to Mr Griffiths in confidence the hypothesis on which the Bill might be needed in the United Kingdom, ie that Argentina might 'declare war on the UK, that we might then accept that war exists, and that we might need to modify some of the consequences which would then automatically otherwise flow from the Trading with the Enemy Act 1939.

i

22

3. Mr Griffiths thought that as soon as the Bill was enacted it would be useful for the Act to be extended to Hong Kong by Order in Council under Section 4(1), and for the Governor in Council to be specified under Section 4(2) as the authority which was to be substituted for Her Majesty in Council and empowered to make Defence Regulations for Hong Kong. He took the view that although the Governor might to some extent be able to alleviate the Hong Kong rules on trading with the enemy, if the Governor gave the necessary authorisations under Section 4 of the Hong Kong Trading with the Enemy Ordinance, he thought it would be useful to supplement the Governor's powers by extending the Act to Hong Kong. The Order in Council making this extension would direct that the Governor, acting by and with the advice and consent of the Legislative Council, should be substituted for Her Majesty in Council as the authority empowered to make Defence Regulations for Hong Kong.

4.

If an Order were made under our Act, in the way suggested, it would be necessary to make some adaptations to it, as extended to Hong Kong. Thus S. 1(5) and (6) would need to be excluded, since it would be inappropriate for an Order, incorporating Defence Regulations and made in Hong Kong, to be submitted to UK Parliamentary procedures. In S. 1(2)(a) the reference to the Secretary of State would be construed as a reference to the Governor. In S. 1(2)(d) "enactment" would mean any law enacted or in force in Hong Kong. "The UK" would mean "Hong Kong" except for the purposes of S. 2(2)(b)(i). In SS. 2(2)(a), 2(2)(b)(ii), 2(2)(b)(iii) and 5(4), references to territories other than Hong Kong would be deleted.

7. Benows

F Burrows

Legal Counsellor

X

CODE 18.77

6 May 1982

CC:

Sir I Sinclair o/r

Mr Freeland

Mr Williamson, HK&G Dept, (with a copy of the Bill)✔

CONFIDENTIAL