Mr Austin HKD
FROM:
DATE:
Paul Fifoot
2 October 1986
HAR aas.l...
RECEIVED I
30 OCT 1986
INDEX
SERY
monon Takan
COMMONWEALTH WAR GRAVES
1.
It is certainly desirable that new provision should be made, if only to replace the "deeds of appropriation" which, as the papers on this file indicate, is a form of title otherwise associated with military installations.
2.
Three things need to be considered: -
a) the possibility of legislation
b)
an agreement and
c) discussions with the Chinese.
3.
Legislation (an Ordinance) and an Agreement are matters which can be discussed between the Commission and the Hong Kong authorities now. I would have expected that any legislation on a topic such as this would be likely to remain unscathed follow- ing transfer. However, the Commonwealth War Graves Commission will probably want to be assured that any arrangements made under an agreement will persist beyond 1997 and for this they will need some assurances from the Chinese. Again, on a subject such as this, is it not likely that such assurances will be forthcoming?
4. The question remains when, and through which channels, this should be raised with the Chinese. At some stage, we will have to talk (I suppose in the JLG) about transitional arrangements and in particular about the possibility of the retention of any land belonging, or allocated, to HMG or any agency which the Chinese might treat as HMG. Whatever may be the position in English law of the Commonwealth War Graves Commission, I think it would be prudent to work on the assumption that, at least un- til they are disabused of the idea, the Chinese are likely to treat land held by or allocated to the War Graves Commission as falling into this category. I would not think that there is any particular need to take up the War Graves position independently of discussion of transitional measures or to advance those dis- cussions because of the need to ensure the continued application of a War Graves agreement.
15.
13
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