HKC 374/1
Mr Marshall HKD
p/c
4
Co-op
عاهای
From:
Miss S Brooks
Mattes
of PLG XXV
Legal Counsellor
Date: 12 November 1992
3
JOINT LIAISON GROUP: HK/CHINA LEGAL AND PROCEDURAL
ARRANGEMENTS
1
}
(2)
I refer to your minute of 11 November and to your further minute of 12 November enclosing the Working Party's recommendations and conclusions. I am content with the proposals put forward by the Hong Kong Government for legal and procedural arrangements in civil and commercial matters to be made between Hong Kong and China. Many of these would simply continue existing arrangements post 1997 eg in the areas of reciprocal enforcement of arbitration awards, service of documents, and taking of evidence. However, items iv to viii are items which it is proposed would be the subject of arrangements put in place for the first time between Hong Kong and the PRC. All the subjects listed are important ones from a practical day to day point of view. It is necessary clarify these legal aspects of the relationship between the Hong Kong SAR and the PRC after 1997. I see from paragraph 9 of the conclusions that the Working Party took the view that further consideration should be given to a number of other areas raising conflict of laws issues.
To
2. I think the assessment of the Hong Kong Government of the difficulties which are likely to be faced in the JLG as set out in paragraph 6 (a) and (b) is accurate. The difficulty referred to in paragraph 6(c) may or may not arise. I also agree that as long as the present political situation prevails it is doubtful whether any progress will be made with the Chinese. There is also the point that many of these ideas will be new to the Chinese and they may find difficulty in understanding and accepting them.
3.
You ask me why the Hong Kong Government proposal to enter into agreements at a provincial level rather than with the PRC was dropped. I was not aware of this proposal and I do not know why it was dropped. However, arrangements between Hong Kong and Guandong Province, for example, would obviously be of far less value than arrangements between Hong Kong and the People's Republic of China.
Shelagh Brooks,
Shelagh Brooks