CONFIDENTIAL
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one hand, he acts as the Commission's agent in the care
and maintenance of the Cemeteries and
Commission's interests in the Cemeteries.
protects
the
On the
the other
hand, under
under the relevant provisions in Cap. 132, he has
wide powers in relation to the general management and
control of cemeteries, including the Commonwealth War
Graves Commission Cemeteries. If the Commission feel
it is open to them
uncomfortable about this arrangement,
it
to appoint an alternative agent to look after their
interests. There is also some doubt as to whether the
future HKSARG would consider it appropriate to maintain
this arrangement in view of the Commonwealth links. One
possibility is for the Commonwealth Committee in Hong Kong
to be appointed as the Commission's agent. Regardless of
whether or not there is any change to the present
arrangement, the suggestion that the powers vested in the
Governor in Council or DUS under Cap. 132 should not be
exercised in respect of the Cemeteries without the consent
of the Commission is unacceptable.
Maintenance cost
жен ф?
other cemetents?
13.
Under clause 8 of the Deed of Appropriation in
respect of the Cemetery at Stanley, it appears that the
HKG before 1997 and thereafter the HKSARG is obliged to
continue to contribute to the maintenance cost of that
Cemetery for as long as it is used for the stipulated
purpose. If the
the Deeds were to be replaced by leases,
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