TNAG-1963-FCO40-2795-Future-of-Hong-Kong-Commonwealth-War-Graves-Commission-1989 — Page 51

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and

include:

1957 respectively.

right of

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(a)

(b)

3

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Common features of both Deeds

the land remains vested in the Crown but is

exclusively and in perpetuity appropriated as war

cemeteries under the control of the Commission;

the appropriation of the land shall cease if and

when the land ceases to be required, used and

occupied for the stipulated purposes; and

(c)

the Governor in Council reserves the right at any

time to resume the land for a public purpose with

reasonable compensation.

5.

The Registrar General's

advice is

is that

that the two

Commission.

Deeds of Appropriation are not leases for the purposes of

Annex III to the Sino-British Joint Declaration on the

Question of Hong Kong (the Joint Declaration). They are

in the nature of contracts between the Hong Kong

Government and the

The Deputy Crown

Solicitor's advice is that there is no reason why the

Deeds should not remain valid after 1997 in accordance

with our laws which under the relevant provision of the

Joint Declaration (JD 53) shall be maintained, save for

any that contravene the Basic Law and subject to any

amendment by the Hong Kong Special Administrative Region

legislature. Further, Article 172 of the draft Basic Law

published in April 1988 provides, among other things, that:

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