CONFIDENTIAL
HKC370/5 TOP COPY
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22 JAN 1991
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CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 198
OF 181044Z JANUARY 94
INFO ROUTINE PEKING, UKREP JLG HONG KONG
2910
/90/HK(370/2 (23
YRTELNO 2406 OF 1990: RECIPROCAL JUDICIAL ASSISTANCE IN CIVIL AND COMMERCIAL MATTERS: ARRANGEMENTS BETWEEN HONG KONG AND CHINA
1. WE APOLOGISE FOR THE DELAY IN RESPONDING TO TUR.
2. MICHAEL PALMER, PERRY KELLER'S SUCCESSOR AS CONSULTANT, CHINA LAW UNIT IN THE ATTORNEY GENERAL'S CHAMBERS HERE, HAS REVIEWED THE MATTER AND CONCLUDED THAT, WHILE THERE ARE GOOD ARGUMENTS FOR TAKING THE SUBJECT UP WITH THE CHINESE AUTHORITIES IN THE NOT TOO DISTANT FUTURE, THERE ARE NEVERTHELESS A NUMBER OF VERY GOOD REASONS FOR PROCEEDING CAUTIOUSLY FOR THE MOMENT, PARTICULARLY IN THE CURRENT ENVIRONMENT OF JUDICIAL WORK IN CHINA. ON THE BASIS OF PALMER'S PAPER WE TAKE THE VIEW THAT NOW IS NOT THE RIGHT TIME TO START TALKING WITH THE CHINESE AUTHORITIES ON THIS ISSUE. WE ARE FAXING HIS PAPER TO MAJOR (HKD). A FACTUAL CORRECTION SHOULD BE NOTED IN REGARD TO PARAGRAPH 3 OF THE PAPER, THE SECOND SENTENCE OF WHICH SAYS THAT THE PRC HAVE ACCEDED TO THE WASHINGTON CONVENTION ON THE RESOLUTION OF INVESTMENT DISPUTES. AS YOU WILL BE AWARE, THE PRC HAVE ONLY SIGNED THIS CONVENTION, HAVE NOT YET RATIFIED IT AND ARE REPORTEDLY RELUCTANT TO DO SO.
3. WE BELIEVE THAT WE SHOULD DEAL FIRST WITH ARRANGEMENTS BETWEEN HONG KONG AND FOREIGN COUNTRIES (SEE YRTELNO 1775 OF 1990 AND OUR TELNO 3788 OF 1990). ONLY AFTER THAT SHOULD WE TURN TO THE BUSINESS OF ARRANGING WITH THE CHINESE HOW TO ENFORCE HONG KONG JUDGEMENTS IN THE PRC AND VICE VERSA. THIS IS THE SAME APPROACH WE HAVE ADOPTED ON THE SUBJECTS OF EXTRADITION AND RENDITION.
4. WE TAKE THE POINT IN THE SECOND SENTENCE OF PARA 3 OF TUR. NEVERTHELESS WE ARE CONCERNED THAT TO RAISE WITH THE CHINESE, HOWEVER INFORMALLY, THE TOPIC OF RECIPROCAL JUDICIAL ASSISTANCE BETWEEN HONG KONG AND CHINA BEFORE WE HAVE A BETTER IDEA OF THE ARRANGEMENTS WE SHOULD PROPOSE BETWEEN HONG KONG AND FOREIGN COUNTRIES AND OUR STRATEGY FOR DISCUSSING SUCH PROPOSALS WITH THE CHINESE MIGHT RISK PREJUDICING THE OVERALL SCHEME. WE HAVE THEREFORE CONCLUDED THAT WE SHOULD BE VERY CAUTIOUS ABOUT
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