CODE 18-77
Mr Cannon
HKD
Reference.....
HKC 225
225/1
6
COMMONWEALTH WAR GRAVES COMMISSION
NC 14/4 I think that Hong Kong are right that in principle the arrangements whereby the CWGC maintain cemeteries in Hong Kong will continue after 1997; this would seem to follow from JD 53.
1.
2.
The proposal is that the matter should be raised in the Land Commission. I have looked at the terms of reference of the Land Commission, as set out in JD 218 to 222, and a matter of this kind would not appear to be explicitly covered. However, as Hong Kong say, JD 201, which is a kind of preamble to Annex III, refers to "Land Leases in Hong Kong and other related matters". This ought, therefore, to give us sufficient opening to be able to argue that the matter should be dealt with by the Land Commission, if the Chines are disposed to dispute the point.
3.
I think also that we should clarify exactly how this land is held. I assume that the freehold remains vested in the Crown, in the same way that, as I understand it, all, or nearly all, freehold land in Hong Kong is vested in the Crown, but that the deed of appropriation is made out explicitly in favour of the CWCG.
4.
Hong Kong's proposed paper for the Land Commission struck me as rather short. I would have thought that it might be appropriate to go into a little more detail about the nature of the use to which these various plots of land are currently being put and the organisations using them. Moreover we may need to explain to the Chinese, even if only on a defensive basis, exactly what the CWGC is. Ultimately these are questions of policy, so I leave them with
you.
12 April 1989
CC: Mr Edwards, Legal Advisers
CAWlamersley
CA Whomersley Legal Advisers K174 270 3075