Foreign and Commonwealth Office
London SW1A 2AH
FICE 374
PTAAED
Telephone 01-
270 2652
Mr Hatcher
SEC (O)(C)
MOD
Main Building
Whitehall
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Your reference
Our reference
Date
17 May 1988
Dear Mr Hatcher
HONG KONG
1.
—
CLAIMS AGAINST BRITISH FORCES
Your predecessor, Mr Dickinson wrote to Mr Footman of this Department on 21 December 1987 setting out MOD thinking on the possible alteration of the legal status of British forces in Hong Kong. We have consulted our Legal Adviser on this and would like clarification of one or two points before proceeding.
2. In his letter Mr Dickinson stated that the MOD would support "in broad terms" an amendment to the Crown Proceedings Ordinance dealing only with British forces. In paragraph 2 he said that the MOD were "willing in principle to support a move to permit Hong Kong residents to sue us (MOD) provided we thereby obtain the right to sue them". Our Legal Adviser has asked to see the advice you received on this point. Would that be possible?
3.
We would also like to have your views on the desirability or otherwise of making comparable amendments to the Crown Proceedings Ordinances in other Dependent Territories in which UK forces are either habitually stationed or may be stationed in future. your view on Hong Kong the view you would have were other Dependent Territories to propose going down the same road?
CC: Michael Carter
Yours sincerely,
Judith Slate
Defence Department
JM Slater (Miss) Hong Kong Department
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