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be reasonable to assume that they intended to leave their earlier Conventions in place to the extent that these Conventions
facilitated the recognition and enforcement of judgments between European States and non- European dependent territories of the Contracting Parties to the Brussels Convention.
8.
UK Law
The bilateral Conventions referred to in paragraph 3 were
The Civil Jurisdiction implemented in UK law by Orders in Council. and Judgments Act 1982, which gave effect in the UK to the Brussles Convention, simply stated in section 9 that:
"The provisions of Title VII of the 1968 Convention (relationship between that convention and other conventions to which
Contracting States are or may become parties) shall have effect in relation to
(a) any statutory provision convention in the UK
implementing any such other
as they have effect in relation to that other convention itself."
In other words, UK law does not assist us in determining the extent to which the bilateral conventions have been superseded by the Brussels Convention.
9.
Conclusion
The matter is clearly not free from doubt, but my view is that there are respectable grounds for arguing that the bilateral Conventions referred to in paragraph 3 above still subsist between Hong Kong and France, Belgium, the Netherlands, Italy and the FRG.
10. Lord Chancellor's Department's views
I have asked David Gladwell of LCD for his views on the continuing effect of the bilateral conventions in relation to Hong Kong. He has said he will revert to us as soon as possible, but the problem does not seem to have been considered before now.
Sain
26 June 1989
cc Mr Wood, HKD
Mr Paul, HKD Mr Monk, NTD
Iain MacLeod Legal Advisers K166 270 3066
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