XN000022-1995-06-28 — Page 54

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Burial grounds in the New Territories

Following is a question by Dr the Hon Tang Siu-tong and a written reply by the Secretary for Planning, Environment and Lands, Mr Bowen Leung, in the Legislative Council today (Wednesday):

Question:

In the negotiation between the British Government and the Government of the Ching Dynasty on the lease of the New Territories in 1899, the two governments had signed an agreement which included a provision stating that burial grounds within the leased territory would forever not be subject to removal. The then Governor of the territory, Sir Henry Arthur Blake, promulgated the full text of the agreement in a Government Notice which was published in the Gazette on 7 October 1899, and this notice has since been known among the villagers as the "Blake Notice". In connection with this, will the Government inform this Council whether:

(a)

the Government is obliged to abide by the "Blake Notice"; and

(b)

the "Blake Notice" is legally binding; if not, why not?

Answer:

Mr President,

The statement that "the graves in the leased territory are never to be removed" appeared in a translation of the "Blake Notice" issued by the Viceroy of the Two Kwong Provinces and Governor of Kwong Tong Province dated 4 April 1899. There is no evidence of a signed agreement between the British and Chinese Governments stating that burial grounds in the New Territories would not be subject to removal.

:

The Notice was laid before the Legislative Council and gazetted on 7 October 1899. The records show that the reason why the Notice was published in the Gazette was that a Legislative Council Member had asked for it to be tabled at the Legislative Council. In those times it appears to have been the practice to record proceedings in the Legislative Council in the Gazette.