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4. ON PARA 2 (B), WE NOTE THAT THE CWGC REMAINS ANXIOUS THAT THE RELEVANT SECTIONS OF THE PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE (CHAPTER 132 OF THE LAWS OF HONG KONG) SHOULD BE AMENDED TO REQUIRE THAT THE POWERS OF THE DIRECTOR OF URBAN SERVICES SHALL NOT BE EXERCISED IN RESPECT OF COMMONWEALTH WAR GRAVES CEMETERIES WITHOUT THE CONSENT OF THE CWGC. CWGC HAS SUGGESTED THAT IT MIGHT TAKE THIS UP WITH US DIRECT. FOR OUR PART, WE HAVE NO/NO DIFFICULTY WITH ENTERING INTO DIRECT CONSULTATIONS ON THIS WITH THE CWGC.
5. ON PARA 2(C), THE CWGC HAS CONCLUDED THAT WELL BEFORE 1997 IT WILL WISH TO MANAGE ITS OWN AFFAIRS IN HONG KONG DIRECTLY (I.E. WITHOUT THE USE OF AN AGENT) AS IT DOES IN OTHER COUNTRIES (PARAGRAPH 6 OF THE CWGC'S LETTER OF 17 JANUARY 1990).
6. ON PARA 2 (D), THE CWGC 'REMAINS FIRM IN ITS DESIRE TO HAVE A FORMAL WAR GRAVES AGREEMENT (WGA) ESTABLISHED BETWEEN ITS SIX MEMBER GOVERNMENTS AND THE CHINESE, COMPREHENSIVELY COVERING THE COMMISSION'S INTERESTS IN HONG KONG IN THE SAME WAY AS ITS WGAS WITH MANY OTHER COUNTRIES' (PARAGRAPH 2 OF THEIR LETTER OF 17 JANUARY 1990). THIS IS THE STICKING POINT, SINCE WE HAVE DIFFICULTY WITH ANY SUGGESTION THAT THE CHINESE SHOULD BE ASKED TO ENTER, BEFORE 1997 AND ON BEHALF OF THE SARG, INTO AN AGREEMENT AFFECTING HONG KONG.
7. THAT SAID, WE ARE GIVING FURTHER THOUGHT TO THE QUESTION OF HKG ENTERING INTO A WGA WHICH WOULD SURVIVE 1997, AND WOULD BE GRATEFUL FOR YOUR VIEWS ON THE FOLLOWING POSSIBLE OPTIONS:
A) A WGA BETWEEN HKG AND MEMBER GOVERNMENTS OF THE CWGC WHICH WOULD REMAIN IN FORCE AFTER 1997. (HOWEVER, WE SEE DIFFICULTIES WITH THIS IN THE PRE-1997 PERIOD SINCE HMG IS ONE OF THE CWGC MEMBER GOVERNMENTS).
B) A WGA BETWEEN HKG AND MEMBER GOVERNMENTS OF THE CWGC EXCEPT U K. U K'S INTERESTS TO BE PRESERVED ON THE BASIS OF ADMINISTRATIVE ARRANGEMENTS UNTIL 1997. THEREAFTER UK TO BECOME A PARTY TO THE
WGA.
8. EITHER OPTION WOULD INVOLVE AN INTER-GOVERNMENTAL AGREEMENT AFFECTING HONG KONG WHICH IS INTENDED TO REMAIN IN FORCE AFTER 1997. IN OUR VIEW, EITHER WOULD THEREFORE REQUIRE CONSULTATION WITH THE CHINESE. CHINESE ACCEPTANCE WOULD ENSURE THAT THE WGA WOULD SURVIVE 1997, AND MIGHT PROVIDE THE REASSURANCE CWGC IS SEEKING.
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