CO537-3707 — Page 166

Proposal

Suggested

by

Brief History

Present Position

5. GARDEN Oj REMEMBRANCE.

red to be con- verted into garden in memory of members of Allied forces who fell in struggle against Japan. Cure end mein-

tenance would full to Hong Kong Govt. A suible joint announcement to bu mode.

Mr. Rees- Williams.

This proposal started as a simple development of No. 1. The first Chinese ruuction was to claim that care und maintenance should be entrusted to them. After some negotiation it was agreed that there should be two joint trustees who would be responsible for the administration or the Garden under rules mutually agreed. It gradually emerged, however, that the Chinese were prepared to agree to this solution only ir it were publicly announced that the whole area would be under Chinese jurisdiction. This was clearly unacceptable, and we began to consider seriously the alternative of reference to the International Court. After some weeks during which no progress was made, the Chinese suggested a new compromise solution the crux of which was that while the two trustees would jointly administer the rules of the Garden, civil or criminal cases would be dealt with by the competent court of the locality in which the offender lived. The Governor has commented that the proposal is unacceptable and unworkable in practice. He considers it would be better to risk submission to the International Court.

.1

to the Hong Kong courts. The Foreign Ofrice thought the idea was not without merit if official compound' meant

'Consulate compound' At this stage refer- ence to the Law Officers supervened and no further pro- gress has been made with this proposal.

The Law Officers have now stated that our case is not a good one and refer- ence to the Inter- national Court may`· not now be a feasible course. In view of the impasse with which we are thus faced reconside- ration of all

proposals for settle- ment of the problem seems desirable.