SECRET
FM HONG KONG
TO IMMEDIATE FCO
TELNO 4845
OF 181135Z
DECEMBER 87
INFO IMMEDIATE PEKING
7980/20
065365
MDHIAN 1035
SECRET
B-011/
MURB
RECEIVED IN REGISTRY
2 1 DEC 1987
DESK OFFICER
EX
PA
REGISTRY
TOP COPY Q DIST ?
OUR TELNO 4406 AND YOUR TELNO 3279 : BASIC LAW: JURISDICTION
OVER PLA GARRISON IN THE HONG KONG SAR
MANY THANKS FOR 2ND TUR.
2. ON POINTS RAISED IN PARA 1 OF 2ND TUR, OUR COMMENTS ARE AS
FOLLOWS:
(A) PARA 4(I) (1) OF FIRST TUR:
NATION-WIDE LAWS APPLICABLE IN THE SAR SHOULD, BY VIRTUE OF ARTICLE 17 OF THE (DRAFT) BL, BECOME A LAW OF THE SAR. THEY SHOULD THUS
BE COVERED BY THE PROVISIONS OF PARA 4(I) (3) (A) OF FIRST TUR. WE
AGREE WITH THE EXPRESSION ''THEIR CIVILIAN COMPONENT IF ANY''
(B) PARA 4(1)(3)(A) (2) OF FIRST TUR:
·
WE AGREE TO DELETE THIS AND LEAVE IT TO BE DEALT WITH UNDER PARA
4(I) (1) OF FIRST TUR.
(C) PARA 4(II) (5) OF FIRST TUR:
WE ACCEPT THAT THIS IS AN UNUSUAL ARRANGEMENT. IT IS INDEED OUR THINKING THAT, GIVEN THE UNLIKELIHOOD OF A PLA SOLDIER HAVING SUFFICIENT MONEY TO PAY FOR DAMAGES, THE PLAINTIFF WILL FIND GREAT DIFFICULTY IN SUCCESSFULLY OBTAINING THE DAMAGES AWARDED TO HIM BY
THE COURT. IT WOULD, THUS, BE MUCH BETTER IF THE AWARD FOR DAMAGES CAN BE OBTAINED FROM THE SARG IN THE FIRST INSTANCE, AND FOR THE
LATTER TO SEEK REIMBURSEMENT FROM THE PLA (NOT THE INDIVXIDUAL
PLA SOLDIER). IT WOULD, OF COURSE BE FOR THE PLA TO DECIDE HOW IT WISHED TO DEAL WITH THE CULPRIT (E.G. BY SERVICE PUNISHMENT, OR BY DOCKING HIS PAY).
(D) PARA 4 (II) (7) OF FIRST TUR.
·
WE RECOGNISE THAT THE CHINESE MIGHT WELL FIND THIS DIFFICULT TO
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