13. Overall administrative responsibility for the war graves in Hong Kong rests with:

The Director, Outer Area

Commonwealth War Graves Commission

2 Marlow Road

Maidenhead

Berkshire SL6 7DX

Tel: (0628) 34221

Fax: (0628) 771208

Telex: 847526 COMGRA G

14. The Commission's contact in Hong Kong is Mr Haider Barma JP, Director of Urban Services Department of the Hong Kong Government. His department gives administrative support to our Group Supervisor, pays wages on the Commission's behalf and advises on employment and other matters. With 1997 in mind the Commission is currently considering changes to its methods of operation in Hong Kong, and, in the longer term, is considering implementing a system which is operated successfully in many other countries. Under this the Group Supervisor would become responsible for staff management, would operate a bank account, prepare monthly accounts and reports, and would arrange contract work and local purchases under the Commission's normal delegated powers. Supervision would be from the Commission's Head Office, with staff paying periodic visits to Hong Kong. Support would be sought from member government diplomatic missions when necessary and a war graves agreement would be sought with the Hong Kong authorities to facilitate operations and to protect security of tenure.

VISITS

15. Commission officials based in Maidenhead make regular inspection visits to the cemeteries. The most recent was by the Area Works Officer, Mr William MacPherson, in February 1992.

16. In December 1991, a remembrance ceremony to mark the 50th anniversary of the fall of Hong Kong was held at Sai Wan War Cemetery in the presence of the Commission's President, His Royal Highness The Duke of Kent and HE Sir David Wilson, Governor of Hong Kong. Later the same day a similar ceremony was held at Stanley Military Cemetery where the Commissioner of Canada, Mr J P Higginbotham laid a wreath.

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REMEMBRANCE CEREMONIES

17.

In December annual services, organised by the Department of Veterans' Affairs and the Office of the Commission for Canada, are held at Stanley Military Cemetery and Sai Wan War Cemetery in remembrance of Canadian servicemen who died in Hong Kong.

CURRENT BUSINESS

18. The Commission is currently negotiating the surrender to the Crown of adjacent land outside the boundary walls of Sai Wan War Cemetery. The Commission is seeking assurances that, following its surrender, the land will not be used for any purpose prejudicial to the appearance or maintenance of the cemetery.

Commonwealth War Graves Commission

Maidenhead

June 1992

EXT 6/1/HONG KONG

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COMMONWEALTH WAR CEMETERIES, GRAVES AND MEMORIALS, HONG KONG

ARRANGEMENTS AFTER 1997

The Commission enjoys (in some respects under fairly informal arrangements) and will continue to require in future:-

1.

security of tenure of the sites of the war cemeteries, graves and memorials, and protection from disturbance.

a.

b.

recognition of its functions and of its responsibility for the maintenance of the Commonwealth war graves and memorials and other graves in its care in Hong Kong.

C. control over exhumations from the graves, other than such as may be essential in the overriding public interest.

d. the right to carry out maintenance of the graves and memorials.

e.

facilities whereby its own inspecting officers, and relatives of the war dead, may visit the graves and memorials subject to any applicable visa requirements.

f. exemption from taxes, duties and other charges to which the Commission would otherwise be liable in connection with the carrying out of its official functions.

(NB Customs duty exemption is unnecessary at present while Hong Kong remains a free port; exemption should be provided for in case this changes).

EXISTING AGREEMENTS IN OTHER CONTRIES

2. In foreign countries in which there is a major Commission commitment an attempt has usually been made to conclude war graves agreements (WGA) or exchanges of note between the Commission's member governments and the host government. In other foreign countries the arrangements for the Commission's work are made administratively, often with the assistance of a Commission member government's diplomatic mission, usually the British Embassy.

3.

In Commonwealth countries the Commission's work is often carried out by means of working arrangements agreed administratively at official level in the countries concerned. However, a number of Commonwealth governments have themselves undertaken to arrange for the care of the graves under Instruments of Agency issued by the Commission, while other Commonwealth governments have entered into exchanges of letters. Where the arrangements are made administratively this is done directly between the Commission and a government department or local authority in the country concerned, Hong Kong itself being

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