TNAG-2152-FCO40-3071-Commonwealth-war-graves-in-Hong-Kong-1990 — Page 36

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MDLOAN 854

DIFFICULTIES. THE AGREEMENT COULD EITHER BE BETWEEN THE UK (IN RESPECT OF HONG KONG) OF THE ONE PART, AND THE SIX COUNTRIES WHICH ARE MEMBERS OF THE CWGC (INCLUDING THE UK), OF THE OTHER PART: OR IT COULD BE BETWEEN HONG KONG (ACTING UNDER AN AUTHORISATION GRANTED BY THE UK) OF THE ONE PART, AND THE SIX MEMBERS OF THE CWGC OF THE OTHER.

5. ALTHOUGH THE FIRST OF THESE ALTERNATIVES THEORETICALLY INVOLVES THE UK HAVING BOTH A RIGHT AND AN OBLIGATION REGARDING THE SAME MATTERS, THIS IS OF NO CONSEQUENCE. WHAT MATTERS IS THAT UP TO 1997 THE UK, IN RIGHT OF HONG KONG, WOULD BE UNDER AN OBLIGATION TO THE OTHER MEMBERS OF THE CWGC AS REGARDS WAR GRAVES IN HONG KONG AND THAT FROM 1997 ONWARDS CHINA COULD SUCCEED TO THE UK SO FAR AS THE OBLIGATIONS UNDER THE AGREEMENT ARE CONCERNED LEAVING THE UK, TOGETHER WITH THE OTHER MEMBERS OF THE CWGC, ENTITLED TO THE RIGHTS UNDER THE AGREEMENT.

6. UNDER THE SECOND ALTERNATIVE, IT WOULD BE MORE APPROPRIATE FOR THE SARG TO SUCCEED TO HKG UNDER A COMPARABLE AUTHORISATION FROM CHINA. MUCH WOULD DEPEND ON WHETHER CHINA WAS PREPARED TO AUTHORISE, AND EMPOWER, THE SARG TO SUCCEED IN THIS MATTER.

WE HAVE NO STRONG PREFERENCE BETWEEN THE TWO ALTERNATIVES. WE THINK THAT THE FIRST ALTERNATIVE MIGHT PROVIDE AN EASIER WAY OF FACILITATING CHINA'S SUCCESSION TO THE AGREEMENT. BUT, ALTHOUGH THE AGREEMENT WOULD CREATE INTERNATIONAL OBLIGATIONS FOR CHINA, THE FULFILMENT OF THEM WOULD ESSENTIALLY BE IN THE HANDS OF THE SARG CAND AT A FAIRLY LOCAL LEVEL). WE COULD THEREFORE SEE THAT YOU MIGHT PREFER THE AGREEMENT TO BE BETWEEN

HONG KONG AND THE COUNTRIES CONCERNED.

8. GRATEFUL FOR YOUR VIEWS. WE WOULD THEN ENVISAGE YOUR PREPARING A PAPER TO PUT TO THE CHINESE IN JLG AND INFORMING THE CWGC IN GENERAL TERMS WHAT ACTION WAS IN HAND.

HURD

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