律政司署 香港金鐘道六十六號 金鐘道政府合署四樓
本署檔號 Our Ref.:
LM(8) in AGC ADV/5011/2
(TC 57/86)
來函檔號 Your Ref:
Tel. No.:
5-8622003
Eute Mr Luchs
3
ATTORNEY GENERAL'S CHAMBER
QUEENSWAY GOVERNMENT OFFICES 4/F
66 QUEENSWAY
HONG KONG
Comed to WIAD
ECO(E)
io Caton
29 September 1986
CC 3/4
RA:
A M Layden Esq
Hong Kong Department
Foreign and Commonwealth Office London SW1A 2AH
England
Dea
hayden,
ARR 83713
АКК
06 OCT 1986
SW OFFICEI
Draft EC/EFTA Convention on Jurisdiction and the Enforcement of Judgments
in Civil and Commercial Matters
I must apologise for the long delay in answering your letter of 11 July 1986. I have been away on leave and, on my return, was acting as Attorney so things have not been dealt with here with our usual brisk efficiency!
My understanding of the position is that when either Article 24 of the 1978 Accession Agreement or Article 55 of the draft Convention enters into force, the 5 bilateral agreements will be superseded and Hong Kong will no longer be able to use them. I do not think it would be in our interests to be without a system of reciprocal enforcement of judgments and, accordingly, that we should seek an extension of the Convention to Hong Kong.
In accordance with the principles approved by ExCo recently, we would be obliged to consult the Chinese on the extension.
At some later stage, we would be obliged to consider whether it would be possible or desirable to secure the continued application of Convention after
We do not think the prospects are good and, in
1997.
/
any