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WEDNESDAY, JUNE 12, 1985
+A FURTHER POSSIBILITY, AND ONE WHICH MAY BE UNJUST TO ONE OF THE PARTIES TO THE DISPUTE, IS TO COMMENCE FRESH LEGAL PROCEEDINGS IN HONG KONG FOR THE PURPOSE OF OBTAINING A SEPARATE HONG KONG JUDGMENT, HE SAID.
MR THOMAS POINTED OUT THAT IN CASES WHERE A CREDITOR CAME TO THE COURTS OF HONG KONG RELYING UPON A JUDGMENT OBTAINED IN A FOREIGN COURT, THE COURTS HERE WERE BOUND TO RECOGNISE THAT JUDGMENT IF THE DEBTOR APPEARED IN THAT FOREIGN COURT.
+WHERE HE APPEARED TO MAKE OUT HIS DEFENCE AND FAILED, THAT IS CLEARLY RIGHT, BUT VERY OFTEN THE DEBTOR APPEARED IN THE FOREIGN COURT ONLY TO PERSUADE IT NOT TO ENTERTAIN THE CLAIM AGAINST HIM BECAUSE, FOR EXAMPLE, THE DISPUTE OUGHT TO HAVE BEEN REFERRED TO ARBITRATION UNDER A BINDING ARBITRATION SUBMISSION.
+THIS BILL RELAXES THE LAWS OF HONG KONG TO DEAL WITH THAT CASE. IF THAT WAS THE PURPOSE OF THE DEBTOR'S APPEARANCE IN THE FOREIGN COURT AND HE RAISED NO CLAIM HIMSELF, THE FOREIGN JUDGMENT WILL NOT NOW BE RECOGNISED OR ENFORCED IN HONG KONG.
THE BILL WHICH FOLLOWED UNITED KINGDOM CHANGES MADE IN 1982 HAS THE SUPPORT OF THE BAR ASSOCIATION AND THE LAW SOCIETY, AND WAS PROMPTED IN PART BY THE KEEN INTEREST OF MR JUSTICE RHIND.
DEBATE ON THE BILL WAS ADJOURNED.
STANDARDS SET FOR DANGEROUS GOODS AIR FREIGHT ****
IT IS HIGHLY DESIRABLE THAT HONG KONG SHOULD APPLY INTERNATIONALLY RECOGNISED STANDARDS FOR THE SAFE CARRIAGE OF DANGEROUS GOODS BY AIR, THE SECRETARY FOR ECONOMIC SERVICES, THE HON PIERS JACOBS, SAID TODAY (WEDNESDAY).
HE WAS EMPHASISING THIS POINT WHEN MOVING THE SECOND READING OF THE DANGEROUS GOODS (CONSIGNMENT BY AIR) (SAFETY) BILL 1985.
+
MR JACOBS SAID THE PURPOSE OF THE BILL WAS TO PROVIDE A LEGAL FRAMEWORK FOR THE IMPLEMENTATION, IN PART, OF ANNEX 18 OF THE CONVENTION ON INTERNATIONAL CIVIL AVIATION AND THE ASSOCIATED TECHNICAL INSTRUCTIONS, WHICH COMPRISED A COMPREHENSIVE SET OF STANDARDS AND RECOMMENDED PRACTICES FOR THE SAFE TRANSPORT OF DANGEROUS GOODS BY AIR.
THE INTERNATIONAL CIVIL AVIATION ORGANISATION (ICAO) CONTRACTING STATES WERE EXPECTED TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF THIS ANNEX AND THE TECHNICAL INSTRUCTIONS BY MEANS OF SUITABLE LEGISLATION, HE NOTED.
/.THEY ARE *******