TNAG-1963-FCO40-2795-Future-of-Hong-Kong-Commonwealth-War-Graves-Commission-1989 — Page 54

ments

inless i

Cater of

C'wealth a

where?

CONFIDENTIAL

- 6

機密

(b)

restrictions placed on the powers vested in DUS

and/or the Governor in Council vide sections 115,

117 and 119 of the Public Health and Urban

Services Ordinance, Cap. 132 to the effect that

such powers would not be exercised in respect of

the two Cemeteries without the consent of the

Commission.

RECOMMENDATIONS AND ARGUMENT

Security of land tenure

9.

It is unlikely that the

Commission's concerns

would be sufficiently addressed by our assurances that the

Deeds of Appropriation would remain valid after 1997. In

view of the commitment given by Mr. Luce in Parliament

referred to in paragraph 3 above, it would be necessary to

take this matter up with the Chinese. However, it would

be more appropriate to raise this question in the Land

Commission, rather than the JLG. The Land Commission has

been set up under Annex III to the Joint Declaration for

the two sides to conduct consultations on the

implementation of Annex III which deals with land leases

and other related matters, and is therefore a more

suitable forum than the JLG for the consideration of any

question relating to land grants. To raise this question

in the JLG forum may create an undesirable precedent of

consulting the Chinese side on existing contracts which

have a validity period beyond 1997.

CONFIDENTIAL

機密