GRs. 400 CONFIDENTAL
FM HONG KONG
TO ROUTINE FCO
TELNO 1733
OF 050855Z JUNE 86
2
CONFIDENTIAL
R+Ryze
THOS JOL
нии 371/2
RECEIVED IN REGISTRY
- 9 JUN 1986
SEAD
Consulted
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 ON RELATION TO JUDICIAL MATTERS CAME INTO OPERATION ON 31 DECEMBER 1983. (YOUR TELNO 1200 OF 16
NOVEMBER 1983).
Qo HKK 061/11
2. THE ASSISTANCE PRESENTLY RENDERED TO BRUNEW: 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 BRUNE JUDICIARY'S REGISTRY.
THE TIME SPENT IN BRUNE: 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 PERFOD 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, IN 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,
N 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 PTS
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 HF NECESSARY BE GIVEN PRIOR TO AND DURING THE FIVE YEAR
PER:FOD BY BRINGING BRUNE LAWYERS TO HONG KONG ON SECONDMENT
FOR EXPERIENCE ON THE HONG KONG HIGH COURT BENCH.
CONFIDENTIAL
15.