there should be no arrangement for reciprocal enforcement of judgments, since this pre-supposed a treaty and assessment of standards
an
justice.
In September 1984 Hong Kong
of
representatives visited Guangdong to discuss the issue and there have been talks since. In October 1985 the Chief Justice signed a provisional agreement with the President of the Higher People's Court of Guangdong on mutual assistance for service of documents in civil and economic proceedings. (Annex A)
6
Members have been consulted on three previous occasions in relation to progress of the discussions and particular documents suggested for service. Concern has centered upon -
7
(a) a form of summons
(b)
(c)
to attend court which the Chinese side wished to have served;
the wording of 2 notice which is intended by the Hong Kong side to accompany any Guangdong documents served; and
the implication of service of a further set of documents put forward by the Guangdong side at a late stage in the discussions.
Members were last consulted on 18 November 1986 when it was agreed that
that on re-submission to Members there should be a clear analysis of each issue in the agreement setting out the documents concerned and the implications for Hong Kong.
8
Since November 1986
1986 there has been an exchange of documents including actual case papers. The Chinese side has been pressing for a further meeting and it is proposed that one should take place as soon as possible.
GENERAL
9
Service of process in Hong Kong and the United Kingdom at the request of foreign jurisdictions, is, in practice, generally effected through diplomatic channels under the umbrella of the Rules of the Supreme Court, which prescribe the procedure to be followed, whether or not the