eRs. 400 CONFIDENT AL
FM HONG KONG
TO ROUTINE FCO
TELNO 1733
OF 050855Z JUNE 86
CONFIDENTIAL
R+Rpe
1JOS HOL 1200
Hkk 371/2 нии
RECEIVED IN REGISTRY
- 9 JUN 1986
DESK OFFICER
INDEX
PA
REGISTRY
Action Taken
PROVISION OF JUDICIAL ASSISTANCE TO BRUNE BY THE HONG KONG
GOVERNMENT.
1. THE EXCHANGE OF NOTES BETWEEN HMG AND BRUNE CONCERNING THE CONTINUED PROVISION OF ASSISTANCE IN RELATION TO JUDICIAL MATTERS CAME INTO OPERATION ON 31 DECEMBER 1983. (YOUR TELNO 1200 OF 16
NOVEMBER 1983).
2. THE ASSISTANCE PRESENTLY RENDERED TO BRUNEH: BY THE HONG KONG GOVERNMENT IS AS FOLLOWS:
(A) PROVISION OF APPEAL COURT JUDGES:
(B) PROVISION OF HIGH COURT JUDGES:
AND
(C) PROVISION OF GENERAL ADVICE TO THE BRUNEI JUDICIARY'S REGISTRY.
THE TIME SPENT IN BRUNEI AMOUNTED IN 1994 TO 239 JUDGE DAYS AND IN 1985 TO 159 JUDGE DAYS. THE FIGURE IN 1986 IS LIKELY TO BE HIGHER BECAUSE A DISTRICT JUDGE IS BEING SECONDED FOR A PERIOD NOT
EXCEEDING ONE YEAR.
3. THE EXCHANGE OF NOTES CONTAINS NO PROVISION FOR TERMINATION. (A PROVISO STATING THAT THE ARRANGEMENTS WILL TERMINATE FORTHWITH AT ANY TIME THE U.K. CEASES TO BE RESPONSIBLE FOR THE GOVERNMENT OF HONG KONG** WAS DELETED FROM THE ORIGINAL DRAFT EXCHANGE OF NOTES). NEVERTHELESS, HAN THE LIGHT OF THE SINO-BRITISH JOHNT DECLARATION, IT WILL CLEARLY BE NECESSARY TO REVIEW THE PRESENT ARRANGEMENTS, AND TO DECIDE HOW AND WHEN TO TERMINATE THEM, *AN GOOD TIME BEFORE 1997.
4. THE CHIEF JUSTICE IS OF THE VIEW THAT FIVE YEARS NOTICE OF TERMINATION WOULD BE SUFFICIENT TO ALLOW BRUNE TO REORGANISE ITS SUPREME COURT. HE HAS PROPOSED THAT THIS NOTICE COULD BE GIVEN IN 1990. DURING THE 1990'S BRUNE COULD BE EXPECTED TO PRODUCE HIGH COURT JUDGES OF ITS OWN. ASSISTANCE IN THE REORGANISATION PROCESS COULD IF NECESSARY BE GIVEN PRIOR TO AND DURING THE FIVE YEAR PERIOD BY BRINGING BRUNE LAWYERS TO HONG KONG ON SECONDMENT FOR EXPERIENCE ON THE HONG KONG HIGH COURT BENCH.
CONFIDENTIAL
15.