28 January 1992
BY FAX
RN Murby Esq
Ubran Services Dept Headquarters
Queensway Government Offices
66 Queensway
HONG KONG
Dear Murbay
MP'S LETTER: HONG KONG CEMETERY
DROI
Foreign & Commonwealth
Office
4
p.a.pt
London SWIA 2AH
Telephone: 071-
HKA 225/1
3
1. Thank you for this helpful reply. However, before we can answer the MP's letter, we need some additional information:
a) are burial plots in the cemetery privately owned or leased? We assume that the cemetery in question is the public cemetery "Hong Kong Cemetery" and not one of the private cemeteries "Happy Valley". But we are unclear of the exact status of the plots or the land in the cemetery.
b) In paragraph 6 of your letter you allude to undertakings of the Chinese Authorities in respect of Hong Kong laws. We would like to be able to quote from either the Joint Declaration or the Basic Law a section which might give comfort. Article 53 of the JD could be relevant, depending on the status of the plot. Article 7 of the Basic Law could also be relevant - although this does not necessary give much comfort since the land ultimately belongs to the PRC.
2. We are not keen to go into the question of disinterment, since the letter does not ask about this and to raise it may only give Mrs Morris more concern. If we are unable to give assurances related to the JD or Basic Law then we propose simply to say that we do not envisage any changes in policy with respect to burials in the Hong Kong Cemetery post 1997 and to draw on your helpful offer to inspect the plots the next time you visit and to forwarn Mr Sparks well in advance should there need to be any disturbance to them.
In view of our tight deadline, grateful for a reply by 30 January.
3.
You fincely, Mility Ace.
M V Stone
Hong Kong Department
ALKACH