CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 1654
OF 241031Z NOVEMBER 92
нкс
CONFIDENTIAL
+
370/187
TOP COPY Q DIST?
INFO PRIORITY PEKING, UKREP JLG HONG KONG
10
100716
MDHOAN 4713
pa
YOUR TELNO 2687: RECIPROCAL ENFORCEMENT OF CIVIL JUDGEMENTS WITH THIRD COUNTRIES: JLG XXV
We have two comments to make on the draft consultation paper and the draft model agreement.
1.
2. Firstly, in para 8 of the draft consultation paper we suggest revising the second sentence as follows: delete the words ''provide the necessary basis on which appropriate arrangements can be made with relevant countries'' and substitute ''envisage the making of such arrangements with relevant countries after 1997.!!
3. The reason for this proposed change is that the first sentence is about Hong Kong entering into reciprocal arrangements with other jurisdictions beginning before 1997. Since both the Joint Declaration (Annex 1, Section 3) and the Basic Law (Article 96) operate only with effect from 1 July 1997, it is incorrect to describe these provisions as providing the necessary basis on which appropriate arrangements can be made with relevant countries before 1997.
4.
Secondly, articles 3 and 4 are about the conditions for enforcement, and method and extent of enforcement respectively. However there does not appear to be any provision which actually provides that a judgement which has been registered may be enforced, although Article 4 para 4(a) touches on this.
You may wish to amend the agreement to provide for an express provision.
5.
We will need to prepare an entrustment before Hong Kong Government can negotiate any reciprocal enforcement agreements. Since the Chinese have not examined or approved the model text, the entrustment is not yet needed.
HURD
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