布政司署
香港下亞畢道
本署檔號
來函檔號 YOUR REF:
* OUR REF: (174) in CAB (G) 9/2731/55
CAB(G)
British Embassy
11 Guang Hua Lu
Jian Guo Men Wai Peking
People's Republic of China
Attn.: Ms. Alyson J.K. Bailes
Dear Ms. Bailes,
RETARIAT
T ROAD
HONG RUNG
14 November 1989
Me Piyatt
OR.
Adi's pleme-
Is Me Keller relevant
R/My
І
Х
here?
su
Y
де
De 24u.
ppr
2 ?
et
그리니
23
f
2
Y
Enforcement of Hong Kong Judgment
I have received an enquiry from the solicitors firm Deacons concerning their request for assistance to enforce a judgement of the Supreme Court of Hong Kong in the PRC. They said that they wrote to you on 4 May 1989 requesting your assistance to enforce a judgement of the Supreme Court of Hong Kong made on 10 March 1989, and that your reply (of 19.5.89) was that the documents must be presented in a certain manner. They were advised to seek assistance from me.
I had presumed that you were referring to the advice that you gave to me in your letter dated 24 April 1989 on a request for service of documents, in which you enclosed a copy of a note from the Ministry of Foreign Affairs dated 19 April 1989 concerning the acceptable form of presentation of requests for judicial assitance, and advised me that you had forwarded similar requests direct from courts in the UK which were presented in the way that the MFA describe.
However, our legal advisers have advised that it would not be appropriate for Hong Kong court to issue a request for enforcement of Hong Kong judgment in PRC in the form required by MFA, because we are not in a position to offer reciprocal assistance which such request might be taken to imply. Indeed, the note by MFA referred to the principle of mutual assistance.
/2.....
1/