from occ
PAS (CA) 4 CAB.
CONFIDENTIAL
1 2
HK Telus 198 refers.
W.K.
marsnall,
Deputy Crown Solicitor (Civil Litigation).
Cc
Mr Firost
Ms. Barrett His Maja
Mr Ralmer on 29 Jan
Ms Barrett is seeing
ви
one
week.
fr 20241 24/1.
KE: HONG KONG & THE PRC
RECIPROCAL LEGAL ASSISTANCE
I thank you for your memos. (31 Dec. 90 & 9 Jan. 91) on Reciprocal Judicial Assistance between Hong Kong and the People's Republic of China. I have the following observations to make on thio maller.
[a]
The arguments in favour of entering into a dialogue are
VWLY SLIONY. They include:
CrealiON OF
——
PRC ties by
formal legal arrangement which would better protect Hong Kong commercial interests (the whole matter having been raised initially with reference to UK WILL vennis at Clifford Chance on the ground that without an agreement of this nature UK business interest would suffer). This is presumably one of the most important reasons for the Hong Kong Law Society's apparent keenness to press ahead in this area.
[b] The inherent unfairness of the current situation in which the Chinese have no straightforward provision in their law of civil procedure equivalent to our system at common law of bringing an action on the foreign judgment, especially by applying for a summary judgment under the Rules of the Supreme CQUI C. LI une case of England at least, it has been concluded that the latter process coupled with the tendency of English judges narrowly to circumscribe the defenses that may be pleaded to an action on a foreign judgment, mean that foreign judgments in pravcice enforceable at common law much more easily than Ley are in many continental countries
(Dicey & Morris,
MALL
11th. ed. [Collins] at p.421). In continental systems enforcement 19 often made difficult "because of the tendency of
the courts to enlarge the scope of the defence that enforcement would be contrary to ordre public or public policy" (pp.421-2).
CUNFIDENTIAL