TNAG-2152-FCO40-3071-Commonwealth-war-graves-in-Hong-Kong-1990 — Page 35

CONFIDENTIAL

CONFIDENTIAL

FM FCO

TO PRIORITY HONG KONG

TELNO 1250

OF 041335Z JULY 90

225/1

HKC 223

-6 JUL 1990

RY

*STRY

tamon Taken

INFO ROUTINE PEKING, UKRĘP JLG HONG KONG

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19

117563 MDLOAN 9854

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CS 5/1

YOUR TELNOS 1403 AND 1975 COMMONWEALTH WAR GRAVES

·

1 WE HAVE FAXED TO MAK (CAB) SAINTY'S (HKD) LETTER OF 10 MAY TO MR GEE (CWGC) SENT ON RECEIPT OF TUR. POINTS IN PARA 2 OF

TUR SEEM TO US TO STAND AS FOLLOWS:

2.

A) YOU WILL PURSUE THE DEEDS OF APPROPRIATION POINT IN THE LAND COMMISSION (AND IN DUE COURSE WE SHALL INFORM THE CWGC OF THE OUTCOME). NO OTHER OUTSTANDING ACTION.

B) CWGC TO PURSUE DIRECT WITH YOU MODIFICATIONS TO THE PUBLIC

HEALTH AND URBAN SERVICES ORDINANCE. WE HAVE SO FAR SEEN NO

CORRESPONDENCE FROM THEM ON THIS POINT.

C) CWGC TO PURSUE APPOINTMENT OF THEIR OWN MANAGER IN HONG

KONG AFTER FURTHER CONSIDERATION. WE HAVE SO FAR HEARD

NOTHING.

YOUR PARA 2(D): WE HAVE CONSULTED OUR LEGAL ADVISERS ON THE QUESTION OF A WAR GRAVES AGREEMENT. WE AGREE THAT WE SHOULD NOT ASK THE CHINESE, BEFORE 1997 AND ON BEHALF OF THE SARG, TO ENTER INTO AN AGREEMENT AFFECTING HONG KONG. THERE ARE OTHER WAYS

OF ACHIEVING THE DESIRED EFFECT AND REASSURING THE CWGC. THE IMPORTANT POINT IS THAT SUCH ARRANGEMENTS AS ARE MADE NOW MUST BE CAPABLE OF SURVIVING BEYOND 1997, EVEN IF THIS MEANS PUTTING

IN PLACE MORE FORMAL ARRANGEMENTS THAN MIGHT OTHERWISE BE NECESSARY FOR THE PERIOD UP TO 1997. SINCE THE ARRANGEMENTS WILL INVOLVE IROS, THIS MEANS THAT CHINA MUST BE CAPABLE OF

INHERITING THEM IN SOME WAY (THOUGH THE DISCHARGE OF THEM WILL ESSENTIALLY BE FOR HONG KONG).

3. WE DO NOT FAVOUR YOUR OPTION B (PARAGRAPH 7 OF FIRST TUR)

WHICH WE BELIEVE IS AN UNNECESSARY COMPLICATION REQUIRING A TWO

STAGE AGREEMENT.

4. WE PREFER YOUR OPTION A, TO WHICH WE SEE NO LEGAL

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CONFIDENTIAL