CONFIDENTIAL
HKC370/2
RECEIVED IN
2
056441
MDLIAN 7978
CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 12
OF 031015Z JANUARY 91
08 JAN 1991
DESK OF DER
ILEX
PA
INFO PRIORITY PEKING, UKREP JLG HONG KONG
گلی
Tel out, agreed
with Mr Fitoot.
TOP COPY la hu
Q DIST ?
8/1.
MIPT LOCALISATION OF LAWS ON ARBITRATION
·
1 THE TEXT OF THE DRAFT CONSULTATION PAPER REFERRED TO IN MIPT IS AS FOLLOWS :
BEGINS
INTRODUCTION
THIS PAPER HAS BEEN PREPARED AS A BASIS FOR CONSULTATION, IN ACCORDANCE WITH THE THREE PRINCIPLES FOR CONSULTATION AGREED AT THE EIGHTH MEETING OF THE SINO-BRITISH JOINT LIAISON GROUP, ON THE WAY IN WHICH THE BRITISH SIDE INTEND TO LOCALISE CERTAIN PROVISIONS IN A UNITED KINGDOM ENACTMENT WHICH APPLIES TO HONG KONG. THE ENACTMENT MAKES PROVISION FOR ARBITRATION IN CONNECTION WITH INTERNATIONAL INVESTMENT DISPUTES.
BACKGROUND
2. IT IS PROPOSED TO INTRODUCE A BILL TO LOCALISE THE ARBITRATION (INTERNATIONAL INVESTMENT DISPUTES) ACT 1966 AS APPLIED TO HONG KONG BY THE ARBITRATION (INTERNATIONAL INVESTMENT DISPUTES) (APPLICATION TO COLONIES ETC.) ORDER 1967. THE ORDER EXTEND TO HONG KONG CERTAIN PROVISIONS OF THE ACT INTENDED TO IMPLEMENT THE 1965 WASHINGTON CONVENTION ON THE SETTLEMENT OF INVESTMENT DISPUTES BETWEEN STATES AND NATIONALS OF OTHER STATES. THAT CONVENTION WAS APPLIED TO HONG KONG ON SIGNATURE BY THE UNITED KINGDOM AND IN ACCORDANCE WITH THE SINO-BRITISH JOINT DECLARATION, DISCUSSIONS WILL TAKE PLACE IN THE IRO SUB-GROUP OF THE JOINT LIAISON GROUP ON THE ACTION TO BE TAKEN BY THE TWO GOVERNMENTS TO ENSURE THE CONTINUED APPLICATION OF THE CONVENTION AFTER 30 JUNE 1997. MEANWHILE, IT IS APPROPRIATE THAT THE CONVENTION SHOULD BE IMPLEMENTED IN HONG KONG'S DOMESTIC LAW BY LEGISLATION WHICH WILL CONTINUE IN FORCE AFTER THAT DATE.
PROPOSAL
3. THE LOCAL LEGISLATION PROPOSED BY THE BRITISH SIDE WILL
1
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