TNAG-0770-FCO40-974-Construction-of-underground-railway-system-in-Hong-Kong-1978 — Page 199

33

GR 130

CYPHER CAT A

FM F C O 271510Z

CONFIDENTIAL

CONFIDENTIAL

_ARK. 173/1

TO ROUTINE HONG KONG TELNO 333 OF 27 APRIL.

INDEX

-

? MAY 1978

*K OFAC

по

PA

No liar

See 33 36 59

5!

YOUR TELNO. 499: MASS TRANSIT RAILWAY CORPORATION.

1. OUR LEGAL ADVISERS CONSIDER THAT THE HONG KONG GOVERNMENT CAN SUBMIT TO THE JURISDICTION OF A FOREIGN COURT WITHOUT THE FORMAL CONSENT OF HMG IN THE UK. THEY LIKEWISE SEE NO REASON WHY YOUR GOVERNMENT COULD NOT SUBMIT TO A UK OR OTHER COMMONWEALTH COURT.

2. AS YOU WILL APPRECIATE SUBMISSION AND WAIVER WILL NOT ENABLE A COURT OUTSIDE HONG KONG TO TRY THE CASE IF THAT COURT HAS NO JURISDICTION TO DO SO.

3. YOU MAY THEREFORE WISH TO CONSIDER WHAT SCOPE (IF ANY) THERE IS FOR SUBMISSION AND WAIVER IN THE UK IN VIEW OF SECTIONS 1 AND 40(2)(B) OF THE CROWN PROCEEDINGS ACT 1956.

4. IT SEEMS UNLIKELY THAT SUBMISSION BY YOUR GOVERNMENT WOULD AFFECT THE ASSETS OF HMG IN THE UK.

OWEN

FILES

HKOG D

FR.D

NTD

LEGAL ADVISERS

PSILORD GORONWY-

ROBERTS

MR CORTAZZI

MR MURRAY

CONFIDENTIAL