ME 2AKB
CONFIDENTIAL
HKK 371/2
Atuly
E
Dr Wilson
کت
FROM: CO Hum
DATE: 18 June 1986
cc Mr Adams, SEAD
Mr Fifoot, Deputy Legal
Adviser
Си
1416
19/
PROVISION OF JUDICIAL ASSISTANCE TO BRUNEI BY THE HONG KONG
GOVERNMENT
Problem
A
1.
B
2
How to respond to Hong Kong Telno 1733?
Recommendation
2.
I recommend that we reply on the lines of the attached telegram. SEAD and Legal Advisers concur.
Background
3.
Hong Kong have sought our views on the possible termination of current arrangements whereby Hong Kong provides judicial assistance to Brunei. These arrangements were implemented in an exchange of notes signed at the same time as the UK/Brunei Treaty of Friendship and Cooperation in 1979, and came into force on 31 December 1983.
notes do not specify a means or period of notice for
termination.
The
C
4.
The telegram reflects what are very much the preliminary views of SEAD, the Legal Advisers' and
ourselves. The Governor does not wish us
he has considered the issue
post until
to consult the
further with the
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Chief Justice.
In
the end the best course seems likely
scenario something like the one Chief Justice (with 5 years' notice of
But theoretically the
to be to go for a envisaged by the
termination given in 1990).
arrangements could of course be extended beyond 1997: the
last sentence of the telegram points to what could conceivably be an advantage of such an extension, although I doubt whether it will appeal to the Governor.
Cobden
&
Sent
18 June 1986
an
content
CO Hum
Hong Kong Department
for the drafted
Telegram
have
✓ for despatch. But I too The Singestion at X the SaveNor-
doubt whether
will appeal to
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TELNO 1173
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4
DESK OFFICER INDEX
REGISTRY
Action Taken
YOUR TELNOS 1733 AND 1792:
PROVISION OF JUDICIAL ASSISTANCE TO
BRUNEI BY THE HONG KONG GOVERNMENT
1.
YOU WILL APPRECIATE THAT BEFORE WE CAN GIVE MORE THAN A
PRELIMINARY REACTION TO YOUR ENQUIRY WE WILL NEED TO OBTAIN THE
VIEWS OF THE HIGH COMMISSION IN BRUNEI ON THE PROBABLE BRUNEIAN
REACTION. HOWEVER WE BELIEVE THAT BANDAR SERI BEGAWAN WILL
CONFIRM OUR OWN INITIAL VIEW THAT THE BRUNEIANS WILL PREFER TO
MAINTAIN THE PRESENT ARRANGEMENTS IN OPERATION FOR AS LONG AS
POSSIBLE. (THEORETICALLY OF COURSE THEY COULD EXTEND BEYOND
1997, WITH THE PRESENT EXCHANGE OF NOTES REPLACED BY AN
AGREEMENT WITH THE SAR GOVERNMENT.)
2.
PARA 6 OF FIRST TUR ASKS HOW SUCH TERMINATION MIGHT BE
MARRIED INTO OUR BILATERAL RELATIONS WITH THE BRUNEIANS. SUBJECT
TO THE POST'S VIEWS WE FEEL THAT IT WOULD BE DESIRABLE ON THAT
COUNT TO GIVE THE BRUNEIANS NOTICE OF TERMINATION AS LATE AS WE
REASONABLY CAN, WHILE STILL ALLOWING THEM SUFFICIENT TIME TO MAKE
ALTERNATIVE ARRANGEMENTS OF THEIR OWN. OUR PRELIMINARY REACTION
IS THAT THE TIMING ENVISAGED BY THE CHIEF JUSTICE IN PARA 4 OF
FIRST TUR LOOKS ABOUT RIGHT. AT SOME STAGE WE SHALL OF COURSE
ALSO NEED TO CONSULT MINISTERS.
3.
WE NOW AWAIT A REPORT OF YOUR FURTHER DISCUSSIONS WITH
1
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