HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW

Yermanent Bureau

6,

Scheveningseweg

-

2517 KT The Hague, The Netherlands

сору

180

L.c. A No 19 (91) L.C. ON No 16 (91)

CONVENTION ON THE SERVICE ABROAD OF JUDICIAL AND EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS

(concluded at The Hague 15 November 1965 and entered into force 10 February 1969)

Subject: accession

The Permanent Bureau of the Hague Conference on private international law presents its compliments to the Diplomatic Missions of the Member States and to the National Organs and has the honour to inform them that, by instrument deposited on 6 May 1991 with the Ministry of Foreign Affairs of the Kingdom of the Netherlands,

769)

und

156

the People's Republic of China

acceded to the above-mentioned Convention.

The instrument of accession contains the following declarations:

"1.

to designate according to Article 2 and Article 9 of the 1L5832 Convention the Ministry of Justice of the People's Republic of

China as the Central Authority and the authority competent to receive documents transmitted by foreign States through consu- lar channels.

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2.

22/7/1

Bureau of International Judicial Assistance

Ministry of Justice of the People's Republic of China

No 11, Xiaguangli

Niuwangmiao, Chaoyang district

BEIJING, 100016

People's Republic of China

to declare according to the second paragraph of Article 8 that the means of service stipulated in the first paragraph of that Article may be used within the territory of the People's Republic of China only when the document is to be served upon a national of the State in which the documents originate.

3. to oppose the service of documents in the territory of the People's Republic of China by the methods provided by Article 10 of the Convention.

To the Diplomatic Missions of the Member States.

To the National Organs.

./..

-2-

4. to declare in accordance with the second paragraph of Article 15 of the Convention that if all the conditions pro- vided in that paragraph are fulfilled, the judge, notwithstand- ing the provisions of the first paragraph of that Article, may give judgment even if no certificate or service or delivery has been received.

5. to declare in accordance with the third paragraph of Article 16 of the Convention that the application for relief from the effects of the expiration of the time for appeal shall not be entertained except that it is filed within one year following the date of the judgment.

(courtesy translation)

In accordance with the terms of Article 28, paragraph 1, of the Convention any State not represented at the Tenth Session of the Hague Conference on private international law may accede to the present Conven- tion after it has entered into force in accordance with the first paragraph of Article 27 (viz.: 10 February 1969).

In accordance with Article 28, paragraph 2, the Convention shall enter into force for the People's Republic of China in the absence of any objection from a State which has ratified the Convention (at present: Belgium, Denmark, Egypt, Finland, France, the Federal Republic of Germany, Greece, Israel, Italy, Japan, Luxembourg, the Kingdom of the Netherlands, Norway, Portugal, Spain, Sweden, Turkey, the United Kingdom of Great Britain and Northern Ireland and the United States of America) before such deposit, notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands within a period of six months after the date on which the said Ministry has notified it of such accession. For practical reasons this six months' period in this case is running from 1 June 1991 till 1 December

1991.

The Permanent Bureau avails itself of this opportunity to renew to the Diplomatic Missions of the Member States and to the National Organs an assurance of its highest consideration and esteem.

THE HAGUE, 1 July 1991.

A The National Archives

DEPARTMENT/SERIES

Extract/Item

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3398/1

Extract/Item Details:

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Section: 27(1)

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