For decision
CONFIDENTIAL
on 22 March 1988
нко 310/4
Blue Vol XXX (14)
XCX (88) 45 Copy No
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MEMORANDUM FOR EXECUTIVE COUNCIL
LIAISON WITH GUANGDONG COURTS
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131 In October 1985 the Chief Justice and the President of the Higher People's Court of Guangdong signed a provisional agreement (Annex A) providing for the mutual service of documents between the Higher People's Court and the Supreme Court of Hong Kong in civil proceedings. Negotiations on the details of the provisional agreement have now come to the stage where it needs to be implemented.
RECOMMENDATION
2
It is recommended that-
C
(a)
the documents at Annex C be approved for service in Hong Kong; and
(b)
provisional
agreement
the
be
3
authority be given for
to
confirmed at a forthcoming meeting between representatives of the two sides.
Members are asked to advise whether these recommendations should be approved.
BACKGROUND
4
In late 1983 a delegation from Guangdong visited Hong Kong and expressed the desire for reciprocal assistance with the service of documents, investigation of evidence, and the enforcement of judgments. The FCO took the view that documents could be served under an informal working arrangement with respective courts but that -
(a) assistance should only be given for
civil proceedings;
(b)
in accordance with normal practice, documents should give notice of proceedings and
should not order a
party to appear; and
CONFIDENTIAL