CONFIDENTIAL
HKC 370/18
CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 2687
OF 111039Z NOVEMBER 92
INFO ROUTINE PEKING, UKREP JLG HONG KONG
042275
MDLIAN 4361
TOP COPY Q DIST?
pla
New Ale
RECIPROCAL ENFORCEMENT OF CIVIL JUDGEMENTS WITH THIRD COUNTRIES
SUMMARY
1.
EXCO HAS NOW APPROVED A RECOMMENDATION THAT THIS SUBJECT BE
PUT ON THE JLG'S AGENDA AT JLG XXV.
DETAIL
WE HAVE, AS YOU KNOW, FOR SOME TIME BEEN CONSIDERING HOW TO SECURE AND IMPROVE HONG KONG'S ARRANGEMENTS WITH THIRD" COUNTRIES FOR THE RECIPROCAL RECOGNITION AND ENFORCEMENT OF JUDGEMENTS IN
CIVIL AND COMMERCIAL MATTERS IN A FORM SUITABLE TO CONTINUE AFTER 1997. WE WERE GRATEFUL TO HAVE RECEIVED ASSISTANCE IN THIS TASK FROM THE LORD CHANCELLOR'S DEPARTMENT.
3.
WE HAVE CONCLUDED THAT THE MOST APPROPRIATE SCHEME WOULD BE
ONE BASED ON BILATERAL INTERNATIONAL AGREEMENTS ENTERED INTO BY THE HONG KONG GOVERNMENT, AUTHORISED BY THE UK AND IN AGREEMENT WITH THE CHINESE. THIS IS, OF COURSE, THE SYSTEM WE HAVE EMPLOYED FOR EXTRADITION, IPPAS AND MLA. THE SUBJECT MATTER OF THE BILATERALS WOULD BE LIMITED TO MONEY JUDGEMENTS AND ARBITRAL AWARDS. WE HAVE PREPARED A MODEL AGREEMENT (COPY BY FAX TO RICKETTS, HKD) ON WHICH WE SHALL HAVE TO CONSULT THE CHINESE
SIDE.
4. THE MODEL AGREEMENT REFLECTS CURRENT INTERNATIONAL PRINCIPLES
IN THIS AREA. IT ALSO DRAWS HEAVILY ON LEGISLATION CURRENTLY APPLIED IN HONG KONG FOR THE PURPOSES OF IMPLEMENTING UK BILATERALS AND THE COMMONWEALTH SCHEME. WE BELIEVE THAT THE FACT THAT IMPLEMENTATION HERE OF BILATERAL AGREEMENTS BASED ON THE MODEL AGREEMENT WILL NOT REQUIRE ANY AMENDMENT OF OUR LEGISLATION MAY HELP TO RE-ASSURE THE CHINESE.
5. AS IN THE CASE OF LEGAL AND PROCEDURAL ARRANGEMENTS BETWEEN HONG KONG AND CHINA COUR TELNO 2635 OF 5 NOVEMBER) WE CONSIDER THAT THIS MATTER SHOULD BE TAKEN FORWARD AS SOON AS POSSIBLE, ALTHOUGH IT IS UNREALISTIC TO EXPECT ANY SUBSTANTIAL PROGRESS IN
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