RESTRICTED

FM FCO

TO IMMEDIATE HONG KONG

TELNO 1853

OF 12150OZ JULY 88

INFO IMMEDIATE PEKING

RESTRICTED

HKD 371/1

188

ермен

TOP COP

O. DET ?

046067 MDHOAN 0236

OUR TELNO 647 TO PEKING AND TELECON WOOD/BRADLEY: UK/CHINA

JUDICIAL ASSISTANCE AGREEMENT

1.

THE TEXT OF THE DRAFT SPEAKING NOTE REFERRED TO PARA 1 OF TUR

WAS CONTAINED IN THE FINAL PARA OF A LETTER OF 12 APRIL FROM

CARPENTER (LORD CHANCELLOR'S DEPT) TO MRS SMITH

SMITH (FED), COPIED BY

HKD TO BUNTEN. FOR EASE OF REFERENCE, HERE IS THE TEXT AGAIN:

BEGINS

THE UK WOULD BE INTERESTED IN CONCLUDING A BILATERAL

AGREEMENT

WITH THE PEOPLE'S REPUBLIC OF CHINA TO COVER SIMILAR AREAS TO

THOSE IN THE AGREEMENTS WITH FRANCE AND BELGIUM. THE BILATERAL

AGREEMENT COULD USEFULLY COVER THE FOLLOWING CIVIL AND COMMERCIAL

MATTERS:-

(A)

(B)

(C)

(D)

(E)

(F)

SERVICE OF JUDICIAL AND EXTRA-JUDICIAL DOCUMENTS

TAKING OF EVIDENCE ABROAD

RECOGNITION AND ENFORCEMENT OF JUDGEMENTS

RECOGNITION AND ENFORCEMENT OF ARBITRAL AWARDS

ABOLITION OF LEGALISATION

EXCHANGE OF LEGAL INFORMATION.

BEFORE PROCEEDING TO DRAFT A TEXT, THE UK WOULD WELCOME A

DISCUSSION ON WHETHER AND TO WHAT EXTENT AN AGREEMENT IS FEASIBLE

ON THESE MATTERS. FOR THIS PURPOSE, THE UK IS READY TO PRODUCE A MEMORANDUM ON EACH OF THESE SUBJECTS, OUTLINING THE TYPE OF CO-OPERATION WHICH MIGHT BE ENVISAGED AND HOW THIS IS IN PRACTICE

ENSURED WITHIN THE UK LEGAL SYSTEM. IT MAY BE THAT, HAVING SEEN THE UK MEMORANDUM, CHINA WOULD ITSELF CONSIDER SENDING A SIMILAR MEMORANDUM.

ENDS

HOWE

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