:
CONFIDENTIAL
HKB 011/3
RECIP
JUNO
151452
MDTTAN 5627
CONFIDENTIAL
FM HONG KONG
TO TELELETTER FCO
TELELETTER NFR
OF 16080OZ NOVEMBER 88
IN:
Л
аё
FROM R C WILSON, GENERAL DUTIES BRANCH, HKG FOLLOWING FOR CT WOOD ESQ., HKD, FCO
COPIED TO CO PIGOTT ESQ
EMBASSY PEKING
D G MARTIN ESQ., UKREP JLG HK
(499)
198
YOUR TELNO 1742 AND OUR TELNOS 1265 AND 2249:
A
18/11
my Footman.
N
17/11
CROWN PROCEEDINGS ORDINANCE
i.cc Dur Edwards, Legal Advies
+ myself.
4437
2. PA
N
1710
OUR EXCHANGES ON THIS REST WITH YOUR TUR IN WHICH YOU UNDERTOOK
TO CONSULT WITHIN THE FCO ON OUR PROPOSAL TO MAKE THE CROWN IN
RIGHT OF THE UK (HMG) AMENABLE TO THE JURISDICTION OF HONG KONG COURTS. WE HAVE SINCE HAD THE OPPORTUNITY TO DISCUSS THIS
COMPLEX QUESTION HERE WITH DAVID EDWARDS. HE SUGGESTED IT MIGHT
HELP IF WE SPELT OUT MORE SPECIFICALLY OUR PROPOSAL AND ITS
IMPLICATIONS. I ATTEMPT TO DO THIS BELOW
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(A) FOR REASONS SET OUT IN OUR TURS, WE NEED YOUR AGREEMENT, IN PRINCIPLE, TO OUR AMENDING THE CROWN PROCEEDINGS ORDINANCE (CAP. 300) SO THAT IT WILL BE POSSIBLE FOR PLAINTIFFS TO SUE
HMG IN HONG KONG'S COURTS INSTEAD OF BEING FACED WITH THE
ENORMOUS BURDEN OF BRINGING PROCEEDINGS IN THE UK. WE SEEK
ONLY TO HAVE REMOVED THE IMMUNITY FROM LOCAL (HK) JURISDICTION
THAT IS AFFORDED TO HMG BY CAP. 300. NO OTHER RESTRICTIONS THAT MAY PREVENT A CASE FROM BEING HEARD IN HK'S COURTS WOULD
BE AFFECTED, SO THAT IT WOULD STILL NOT BE POSSIBLE TO BRING
A CASE AGAINST HMG HERE IF THE CASE INVOLVED EVENTS WHICH HAD
NO CONNECTION WITH HONG KONG. IN PRACICE WHAT WE PROPOSE IS
LIKELY ONLY TO AFFECT HMG IN CASES INVOLVING ITS AGENTS REGULARLY
DEALING WITH HONG KONG I E HM FORCES, THE BTC, THE PSA OF THE DEPT. OF ENVIRONMENT (WHICH WE UNDERSTAND MIGHT BE DUE FOR SOME
CHANGE AROUND 1992), THE OFFICE OF UKREP JLG, AND THE BRITISH
COUNCIL (SUBJECT TO YOUR CONFIRMATION THAT THIS IS AN AGENT OF HMG). IN THE LIGHT OF THE RESTRICTED SCOPE OF OUR PROPOSAL, IT SHOULD BE NECESSARY TO CONSULT ONLY THOSE UK DEPARTMENTS LIKELY TO BE DIRECTLY AFFECTED. BY LIMITING THE SCOPE OF YOUR WHITEHALL CONSULTATION IN THIS WAY WE MAY BE ABLE TO PROCEED
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CONFIDENTIAL
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any dip style pairs + imms?
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