CONFIDENTIAL
HKC241/5
53
101051
MDHOAN 4472
CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 1019
OF 30170OZ MAY 91
INFO ROUTINE PEKING, UKREP JLG HONG KONG
52
YOUR TELNO 1644: BILL OF RIGHTS: NEW CLAUSE 7
får pour oils
1. WE CAN CONFIRM THAT WE WOULD NOT/NOT INSIST ON AN EXPLICIT REFERENCE TO THE COURTS BEING BOUND BY THE BOR. BUT IT IS IMPORTANT THAT WHATEVER FORMULATION YOU USE DOES COVER THE COURTS FOR THE REASONS GIVEN IN MY TELNO 963. WE THINK THAT THE EXPRESSION ''PUBLIC AUTHORITIES' PROBABLY IS WIDE ENOUGH TO INCLUDE THE COURTS, THOUGH YOUR LEGAL ADVISERS ARE OBVIOUSLY BETTER PLACED TO ASSESS HOW HONG KONG COURTS ARE LIKELY TO INTERPRET IT.
T
2.
THE FACTORS YOU CITE IN PARAGRAPH 2 OF TUR WOULD, IF VALID, SURELY APPLY IF THE BOR COVERS THE COURTS, WHETHER OR NOT THERE IS AN EXPLICIT REFERENCE? IN FACT WE DO NOT SEE SUBSTANCE IN ANY OF THOSE FACTORS, SO DO NOT CONSIDER THESE CONCERNS TO OUTWEIGH THE DISADVANTAGES OF THE COURTS BEING EXCLUDED FROM THE SCOPE OF THE BOR.
2.
IF YOU ARE CONFIDENT ABOUT THE CURRENT SCOPE OF THE BOR (SECOND SENTENCE OF PARAGRAPH 1 OF TUR), THIS WOULD MEET OUR CONCERNS.
HURD
YYYY
ΜΑΙΝ
61
.HONG KONG AGREEMENT
. (RESTRICTED)
LIMITED
HKD
HD/FED
NEWS D
DISTRIBUTION
65
PUSD
RAD
PAGE
PS/LORD CAITHNESS PS/MR LENNOX-BOYD
SIR J COLES
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CONFIDENTIAL
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