TNAG-0770-FCO40-974-Construction-of-underground-railway-system-in-Hong-Kong-1978 — Page 210

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GOVERNMENT TO SUIT AND/OR THE ATTACHMENT OF ITS ASSETS IN A THIRD STATE. WE HAVE BEEN UNABLE TO TRACE ANY LEGAL AUTHORITIES ON THIS PARTICULAR SUBJECT AND ARE INCLINED. TO THINK THAT ON A COMMON SENSE BASIS THERE IS NO REASON WHY THE HONG KONG GOVERNMENT

CAHNOT, ON CONSTITUTIONAL GROUNDS, AGREE TO SUCH A TERM IN ITS GUARANTEE OBLIGATIONS, PROVIDED THAT THE RESULT OF SUCH A TERM WOULD NOT BE TO EXTEND THE POWERS OF THE PLAINTIFF IN A FOREIGN COURT TO ATTACH ASSETS BELONGING TO THE CROWN OTHERWISE IN RIGHT OF THE GOVERNMENT OF HONG KONG.

10. WE DO NOT SEE THAT A SUBMISSION AND/OR WAIVER OF IMMUNITY INCLUDING ANY IMMUNITY FROM ATTACHMENT OF ASSETS BY THE HONG

KONG GOVERNMENT WOULD HAVE THE EFFECT LEGALLY OF ENABLING THE PLAINTIFF IN A FOREIGN COURT TO ATTACH NON-HONG KONG GOVERNMENT ASSETS BELONGING TO THE CROWN, THOUGH THERE MIGHT IN THE EVENT BE. A PRACTICAL PROBLEM IN DEMONSTRATING TO THE FOREIGN COURT THE DISTINCTION BETWEEN THOSE ASSETS OF THE CROWN WHICH WERE HELD IN RIGHT OF THE HONG KONG GOVERNMENT AND THOSE WHICH WERE

NOT.

11. COULD WE HAVE THE OPINION OF THE LEGAL ADVISERS TO THE FOREIGN

AND COMMONWEALTH OFFICE ON THIS ISSUE ?

MACLEHOSE

FILES

HK & GD (6) FRO

MAED

NTD

P & C D

LEGAL ADVISERS

PS/LORD GORONWY ROBERTS MR CORTAZZI

MR MURRAY

MR STRATTON

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