TNAG-1521-FCO40-2082-Commonwealth-War-Graves-Commission-in-Hong-Kong-1986 — Page 28

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5.

Commission, while three Commonwealth governments have entered into exchanges of letters with the CWGC; these various arrangements are

also listed in Appendix B. Where the arrangements are made administratively this is done directly between the CWGC and a

government department or local authority in the country concerned,

Hong Kong itself being an example of such arrangements. A copy of

an exchange of letters between the CWGC (No CM/1/75 of 17 5 54) and

Director of Urban Services, Hong Kong (No USD 299/53 of 28 5 54) is attached as Appendix C.

16. Where there is no formal agreement in a foreign country there

can be difficulties over

the security of tenure of the war cemetery sites;

i

the official facilities covering the CWGC's operations,

eg exemption from tax and import duty on official stores,

the issue of residence permits for CWGC staff, etc;

the protection of the sites from disturbance;

and so on. It is for these reasons that, to cover its operations

in Hong Kong after 1997, some form of inter-governmental agreement,

or failing that a working arrangement agreed at official level with

the future SAR government, is desired by the CWGC.

17.

A proposal for a formal agreement would be in conformity with

Article 34 of Additional Protocol 1 (1977) to the Geneva Conventions

1949. Although the Additional Protocol has not yet been ratified by

the Commission's member governments its Article 34, which is

uncontroversial, provides the basis of generally accepted international practice in respect of the negotiation of war graves agreements.

Commonwealth War Graves Commission

Maidenhead

(date)

EXT 4/161

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