HKC370/2
RECEIVE
RESTRICTED
0 2 JAN 1991
Y
DESK O
INDEX
027102
MDLOAN 6794
RESTRICTED
FM FCO
TO PRIORITY HONG KONG
TELNO 2405
OF 18160OZ DECEMBER 90
Action Taken
Ru 19/12
TOP COPY
370/2
O DIST?
AND TO PRIORITY UKREP JLG HONG KONG, PEKING
RECIPROCAL JUDICIAL ASSISTANCE IN CIVIL AND COMMERCIAL MATTERS: ARRANGEMENTS BETWEEN HONG KONG AND FOREIGN COUNTRIES
1. THE CHINESE RAISED THIS AREA OF WORK IN THEIR QUESTION 8 ON MUTUAL LEGAL ASSISTANCE AND WE HAVE GIVEN A HOLDING REPLY (YOUR TELNO 3401).
2.
THERE IS A LARGE NUMBER OF MULTILATERAL AND BILATERAL AGREEMENTS RELATING TO THIS SUBJECT CONCLUDED BY THE UK AND EXTENDED TO HONG KONG, FALLING INTO FOUR CATEGORIES:
(A) RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGEMENTS (B) RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS (C) SERVICE OF PROCESS ABROAD
(D) TAKING OF EVIDENCE ABROAD
3. SEPARATION OF THESE AGREEMENTS REPRESENTS A CONSIDERABLE TASK, WHICH IT WOULD BE PREFERABLE TO HAVE CONCLUDED WELL BEFORE 1997. THE SUBJECT DOES NOT, HOWEVER, SEEM TO HAVE APPEARED TO DATE ON THE FUTURE PROGRAMME FOR THE JLG.
WE UNDERSTAND THAT DAVID EDWARDS HAS BEGUN A REVIEW OF THIS. SUBJECT. WE SHOULD BE INTERESTED TO KNOW WHERE MATTERS NOW STAND.
4. WE SHOULD ALSO BE GRATEFUL FOR YOUR AND COPY ADDRESSEES' VIEWS ON HOW AND WHEN WE SHOULD RAISE THE SUBJECT WITH THE CHINESE. THEY MAY VIEW THIS AS ANOTHER SET OF AGREEMENTS ERODING THE CONTROL AND SOVEREIGNTY OF THE PRC CA VIEW THEY HAVE EXPRESSED IN THE CONTEXT OF IPPAS). BUT RECIPROCAL JURIDICAL ASSISTANCE IS MENTIONED SPECIFICALLY IN THE JD (JD 71) WHICH GIVES US STRONG GROUNDS FOR RAISING IT IN THE JLG. IT IS ALSO LIKELY TO BE LESS POLITICALLY SENSITIVE THAN EXTRADITION AND MLA ARRANGEMENTS, TO WHICH THE CHINESE ARE ALREADY COMMITTED.
5. WE SHALL BE TELEGRAPHING SEPARATELY ON THE RELATED MATTER OF RECIPROCAL JUDICIAL ASSISTANCE ARRANGEMENTS BETWEEN HONG KONG
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