A The National Archives
DEPARTMENT/SERIES
PIECE/ITEM
FCO но
307111
(one piece/item number)
Extract details:
folio 34
Date and sign
CLOSED UNDER FOI EXEMPTION
27. (1.).
5 MAY 2017
RETAINED UNDER SECTION 3(4)
OF THE PUBLIC RECORDS ACT 1958
TEMPORARILY RETAINED
MISSING AT TRANSFER
NUMBER NOT USED
MISSING (TNA USE ONLY)
DOCUMENT PUT IN PLACE (TNA USE ONLY)
VINOS
Commonwealth War Graves Commission
2 Marlow Road Maidenhead Berkshire SL6 7DX
Telex 847526 Comgra G Telephone 0628 34221 Fax 0628 771208
(ext.................. ..)
LEGAL ADVISER & SOLICITOR
Mr C Sainty
Hong Kong Department
Foreign and Commonwealth Office
London SW1A 2AH
HKC 225/1
RECEIVED
DECK
INDEX
-
- 6 NOV 1990
*.
(33
Your reference
Our reference
LAN 1/33
Date
23 October 1990
Dear Mr Sainty
I refer to your previous correspondence with us and in particular your recent correspondence with Jeremy Gee.
As you have suggested, I have written to Mr Clement Mak about modification of the Public Health and Urban Services Ordinance and I am enclosing that letter, together with a copy for your own use, in order that you may pass it on to him.
Yours sincerely
Graham C Reddie
Legal Adviser and Solicitor
Mr
sayty
ols.
I have
forwarded the
leiter to Mr Make
AM 26/10
pa.
issli
cc Mr C Sainty
32
Mr Clement Mak
Commonwealth War Graves Commission
2 Marlow Road Maidenhead Berkshire SL6 7DX
Telex 847526 Comgra G Telephone 0628 34221 Fax 0628 771208
Constitutional Affairs
Government of Hong Kong
via Mr C Sainty
Hong Kong Department.
(ext.....
.)
LEGAL ADVISER & SOLICITOR
Foreign and Commonwealth Office.
London SW1A 2AH
HKC225
- 6 NOV 1990
INCR
Your reference
Our reference
LAN 1/33
Date
23 October 1990
Forwarded to the
qa fru 26/00
Dear Mr Mak
PUBLIC HEALTH AND URBAN SERVICES ORDINANCE CHAPTER 132 - PROPOSED AMENDMENT
1.
2.
As you are aware, the Commission is a Commonwealth organisation founded in 1917 by Royal Charter and is thereby responsible to its member governments for the commemoration and care of the graves of those who died whilst serving in Commonwealth forces in either the First or Second World Wars.
In reviewing the overall basis of our operations in Hong Kong, particularly in the context of 1997, we have noted that the current provisions of the Public Health and Urban Services Ordinance do not entirely reflect the correct constitutional position between this Commission and the Hong Kong Government, in the shape of the Urban Services Department. The Urban Services Department is in reality the agent of the Commission in connection with the maintenance and other day to day matters affecting the Commission's cemeteries. However, the Public Health and Urban Services Ordinance, by section 115(1), inappropriately vests total control of our cemeteries in the Urban Services Department.
3. Following various discussions both with the FCO and the authorities in Hong
Kong, and most recently with the Director of Urban Services when he called here, it appears not only that there is agreement in principle that the Ordinance should be modified, but also that such modification would be positively welcomed in order to reflect accurately the position between the Commission and the Urban Services Department, whilst continuing to preserve maximum flexibility for both parties. It has been suggested that I contact you with detailed proposals, writing this initial letter through the FCO in London in order to open the channel of correspondence.
4.
With all this in mind I now put forward for consideration the following areas for amendment.
(a) Section 115 (1)
As I see it this is the vital section which needs to be modified in order to clarify the Commission's responsibility for the war cemeteries and I would suggest that perhaps a formula along the following lines may be appropriate:
"Subject to the provisions of this Part the general management and control of the Commonwealth War Graves Commission cemeteries shall be vested in the Commonwealth War Graves Commission".
No comments yet.
Private notes are available after approval.