33
GR 130
CYPHER CAT A
FM F C O 271510Z
CONFIDENTIAL
CONFIDENTIAL
_ARK. 173/1
TO ROUTINE HONG KONG TELNO 333 OF 27 APRIL.
INDEX
-
? MAY 1978
*K OFAC
по
PA
No liar
See 33 36 59
5!
YOUR TELNO. 499: MASS TRANSIT RAILWAY CORPORATION.
1. OUR LEGAL ADVISERS CONSIDER THAT THE HONG KONG GOVERNMENT CAN SUBMIT TO THE JURISDICTION OF A FOREIGN COURT WITHOUT THE FORMAL CONSENT OF HMG IN THE UK. THEY LIKEWISE SEE NO REASON WHY YOUR GOVERNMENT COULD NOT SUBMIT TO A UK OR OTHER COMMONWEALTH COURT.
2. AS YOU WILL APPRECIATE SUBMISSION AND WAIVER WILL NOT ENABLE A COURT OUTSIDE HONG KONG TO TRY THE CASE IF THAT COURT HAS NO JURISDICTION TO DO SO.
3. YOU MAY THEREFORE WISH TO CONSIDER WHAT SCOPE (IF ANY) THERE IS FOR SUBMISSION AND WAIVER IN THE UK IN VIEW OF SECTIONS 1 AND 40(2)(B) OF THE CROWN PROCEEDINGS ACT 1956.
4. IT SEEMS UNLIKELY THAT SUBMISSION BY YOUR GOVERNMENT WOULD AFFECT THE ASSETS OF HMG IN THE UK.
OWEN
FILES
HKOG D
FR.D
NTD
LEGAL ADVISERS
PSILORD GORONWY-
ROBERTS
MR CORTAZZI
MR MURRAY
CONFIDENTIAL