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an example of such arrangements. A copy of an exchange of letters between the Commission (of 2 June 1986) and Director of Urban Services, Hong Kong (No USD HQD 12/951 III of 21 October 1986) is attached at Appendix A.
4.
Where there is no formal agreement in a foreign country there can be difficulties over matters referred to in paragraph 1 above. It is for these reasons that, to cover its operations in Hong Kong after 1997, some form of inter-governmental agreement, or failing that a working arrangement agreed at official level with the future SAR government, is desired by the Commission.
5. A proposal for a formal agreement would be in conformity with Article 34 of Additional Protocol 1 (1977) to the Geneva Conventions 1949. Although the Additional Protocol has not yet been ratified by the Commission's member governments, its Article 34, which is uncontroversial, provides the basis of generally accepted international practice in repect of the negotiation of WGAS.
6.
In January 1986 the Commission sought the advice of the FCO upon whether, and at what stage, there should be referred to the Sino-British Joint Liaison Group a proposal, which represents the Commission's present preferred course, for the negotiation of a WGA between its member governments (with the possible exception of South Africa) and the future government of the Hong Kong Special Administrative Region (SAR) relating to the care of the Commonwealth war graves and memorials in "Hong Kong, China" after 1997. Following further discussions and correspondence with the FCO, and after useful discussions with Mr James Y C So, the then Director of Urban Services (DUS), Hong Kong, on his visit to the Commission's Head Office on 9 August 1990, it was accepted that with the present atmosphere pressing the Chinese to agree to a WGA in the immediate future was unlikely to be successful. It was felt preferable to concentrate, in the short
on getting amendments made to the Public Health and Urban Services Ordinance. Mr So suggested that the Commission should aim for comprehensive amendments, to cover most of the aspects of concern to the Commission, and said he would give his support to the necessary legislative action in Hong Kong. At a meeting of the Sino-British Land Commission held on 5 December 1990 it was agreed that the sites of Stanley Military and Sai Wan War Cemeteries will continue to be made available to the Commission by Deeds of Appropriation rather than converted to other less favourable arrangements as had once been suggested.
7. Under the terms of the existing ordinance DUS is the Commission's agent in Hong Kong. One of the amendments to be put forward would be to enable the Commission to choose an agent other than DUS. This is essentially to guard against any adverse developments after 1997 and no change in DUS's role is envisaged in the near future.
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