TNAG-1521-FCO40-2082-Commonwealth-War-Graves-Commission-in-Hong-Kong-1986 — Page 27

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4.

1997. The CWGC would be pleased to prepare the first draft of an agreement on this basis and would hope to be closely associated ab initio with its negotiation.

13. The CWGC hopes that any negotiation may begin from the premise

that its interest in the two CWGC cemeteries and in the war graves

and memorials in the other sites mentioned in paragraphs 2 and 3

above, and listed in detail in Parts I and II of Appendix A, shall

be preserved intact. If the negotiation of a war graves agreement should appear impracticable or undesirable, it will be pleased to consider alternative methods of securing the objectives set out in

paragraph 11 above. At the least it hopes that the Deeds of Appropriation referred to in paragraph 8 above in respect of the CWGC cemeteries, although not leases, may in the spirit of paragraph 1 of Annex III of the Sino-British Agreement 1984 continue to be recognised under the law of the SAR; and likewise that the Ordinance and Rules referred to in paragraph 10 above, insofar as they relate to the CWGC, will remain in force as envisaged by paragraph 3(3) of

the Joint Declaration.

EXISTING AGREEMENTS IN OTHER COUNTRIES

14.

Foreign countries.

In those foreign countries in which there is a major CWGC commitment an attempt has usually been made to conclude war graves agreements or exchanges of notes between the CWGC's member governments and the host government. Appendix 'B' lists the agreements and exchanges of notes in respect of 17 countries. In other foreign countries the arrangements for the CWGC's work are. made administratively, often with the assistance of a CWGC member government's diplomatic mission, usually the British Embassy.

15. Commonwealth countries. As the CWGC is in effect a Commonwealth inter-governmental agency its work in Commonwealth countries is not carried out under governmental agreements but 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, on

behalf of the CWGC, under Instruments of Agency issued by the

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