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and
include:
1957 respectively.
right of
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(a)
(b)
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Common features of both Deeds
the land remains vested in the Crown but is
exclusively and in perpetuity appropriated as war
cemeteries under the control of the Commission;
the appropriation of the land shall cease if and
when the land ceases to be required, used and
occupied for the stipulated purposes; and
(c)
the Governor in Council reserves the right at any
time to resume the land for a public purpose with
reasonable compensation.
5.
The Registrar General's
advice is
is that
that the two
Commission.
Deeds of Appropriation are not leases for the purposes of
Annex III to the Sino-British Joint Declaration on the
Question of Hong Kong (the Joint Declaration). They are
in the nature of contracts between the Hong Kong
Government and the
The Deputy Crown
Solicitor's advice is that there is no reason why the
Deeds should not remain valid after 1997 in accordance
with our laws which under the relevant provision of the
Joint Declaration (JD 53) shall be maintained, save for
any that contravene the Basic Law and subject to any
amendment by the Hong Kong Special Administrative Region
legislature. Further, Article 172 of the draft Basic Law
published in April 1988 provides, among other things, that:
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