CONFIDENTIAL
ACTION CHECKLIST
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to copy the draft text and the record of today's meeting to:
- the Scottish office.
the Northern Ireland Office
the DTI
Article 1
(g) "superior court"
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SB to ask Hong Kong delegation to clarify the definition
JW to draft two definitions; one equating to HK's narrow definition and one to be used if HK side accepts that the definition should include the Hong Kong District Courts and the UK equivalents,
(h) "Law District" - for UK this = England & Wales, Scotland and Northern Ireland
Article 2
(iii) & (iv) bankruptcy & winding up of companies
JW - to check policy on whether this is sufficient PB to check Scottish interest
Article 3
SB to explain in a letter to HK our problem with regard to jurisdiction of Sheriff Courts in Scotland and County Courts in England & Wales which now have considerable powers. HK text would entail registering their judgements in the High Court first.
SB to raise with HK delegation Scottish point of interest re "authentic instruments". These are autonomous agreements which the parties agree will be legally enforceable in the same way as court judgements. We would want them to be externally enforceable.
PB to draft addition to text to cover authentic instruments.
CONFIDENTIAL