CONFIDENTIAL
2 -
are taking some very informal soundings to see what sort of arrangements might be welcomed in Hong Kong, particularly among the business community.
5.
There are of course some aspects of this which will need pretty careful thought. Talking to the Chinese about cooperation in civil and commercial legal matters will lead on very naturally to discussion of criminal matters, which are obviously much more sensitive. In addition, any arrangements made will obviously have to be reciprocal. I can see that people might like to be able to enforce the judgements of Hong Kong courts in China. I am less sure what they would think about enforcing the judgements of chinese courts in Hong Kong!
But
CC.
PA
LO (IL)
PS/Govt. House
سلا
Conting
luny
AC Galsworthy
.0.
VP Ricketts Esq, Hong Kong Dept
$
Governor
CONFIDENTIAL
Arrangements between Hong Kong and China in Civil and Commercial Legal Matters
6
can
been
For
LO(IL) and 1 have, ΖΩ recent months, approached by a member of the Judiciary and by the Legal Adviser to the Hongkong Bank asking us what arrangements
the between Hong Kong and
be PRC will in place before 1997 chat
continue in force
that date) force after
and
in legal
have What they procedural cooperation.
enforcement the following: mind principally are
in the PRC of civil judgments, arbitration awards and maintenance orders made in Hong Kong (and Vice versa), taking oË evidence and service of documents, and the recognition
validity The
court certain types of
orders (e.g. (e.g. divorce and legal separations) and legal documents wills). I should emphasise that these are all matterS ia the civil and commercial law area. Cooperation with other criminal China
matters (e.g. extradition and kinds of mutual criminal legal assistance)
being considered separately.
of
OF
The international aspects
legal commercial
ateral
is
to which
the JK to Hong
of all chese Civil
and
matters are currently regulated
treaties and multilateral by b
UK and which have been applied by the ace party Kong. So far as countries other than China are concerned, chose matterS will be covered after 1997 either by the
multilateral Conventions continuing
in effect
relevant
its
13
the agreement of China) or by Hong Kong going out
with negotiating
bilateral agreements Own countries. All this work is being pursued either in the IRC
The Sub-group of is beginning to make reasonable progress.
Customer
and
201
3
by
3.
ר' -
117
relations
between
the
or
we
need
Mainland
and
This leaves open the question of what
place Hong Kong in those areas I have mentioned in paragraph = The question as to what subjects we need to cover and the way in which We should deal with them give rise to some difficult legal and technical questions.
above.
4.
up
a
10(12) and I belleve that the best way co come
would be for me to right answers
establish
the With small questions
working party which would be asked to study the and to make recommendations to me. The private
the by
nere
(as
advised
legal profession)
has
/ a direct interest
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