Reference
any of the requirements of English law might be applied (though since English law is comparatively generous towards foreign judgments this is not a major problem). There are no further rules specifying the procedural details of which I am aware, but the procedures for requesting ordinary judicial assistance were amplified by a "Notice of the Supreme People's Court, the Ministry of Foreign Affairs and the Ministry of Justice concerning certain Questions on the Mutual Service of Legal Documents through Diplomatic Channels between the Law Courts of the PRC and the Law Courts of Foreign Countries" issued in 1986. This Notice does not strictly apply to enforcement of judgments, but it seems likely that in practice similar procedures would be applied. I attach a copy for your reference.
6.
HKG asked for samples of previous requests for enforcement of judgments made by the UK Courts to PRC Courts and vice versa. I have consulted NTD, FED and the Lord Chancellor's Department, but so far no record has been found of any such requests being made. There are precedents relating to a variety of other countries, but these would be of uncertain relevance.
7. On a practical level, even if the relevant Chinese court accepts the request, it does not follow that it will necessary be able to execute the judgment. Enforcement of (Chinese) civil judgments in China is weak and haphazard, so it would be unwise to embark upon these procedures with high expectations. HKG should consult their expert on Chinese law, Perry Keller, if they have not already done so. I would certainly be interested to know his views.
8. Finally, I note Mr Coates' concern about any implications that this case may have for enforcement of Chinese judgments in Hong Kong post-1997. As far as I can see, there are none. The existing rules enabling foreign civil judgments to be enforced are well established, and by 1997 we intend to have negotiated new arrangements between HK and the PRC anyway.
ie MCAT :
My Banett
Jill Barrett
K10ABO