SCR 1/4731/49
Present:
Record of Meeting with NCNA at 3.30 p.m. on 11 August 1981
Mr Tan Gan
NCNA
Mr Pan Desheng NCNA
Mr Li Ruohe
Interpreter NCNA
Pao Hsing Cotton Mill
Dr D C Wilson Political Adviser
Mr R P Margolis
Assistant Political Adviser
Dr Wilson referred to Mr Pan's previous approach on this subject and said that the had spoken to the Acting Governor who had agreed that Dr Wilson should reply in the following terms. The problem was a dispute over the ownership of the company and its assets and the courts existed to deal with this sort of problem. The Judiciary were independent of the Government who could not intervene and could not challenge the judge's interpretation. Mr Pan had also mentioned his fear that some of the property would be sold before the case was decided. Dr Wilson said that the plaintiffs' lawyers had two possible courses of action of which they should already be aware. The first was to apply for an interim injunction to prevent the sale of any of the property pending judgement; the second was to apply for the entry of a memorial of lis pendens in the Land Office Register under Chapter 128 of the Land Registration Ordinance. accepted, this would serve notice on any prospective purchaser that litigation was pending and that there might be a claim against them should they buy.
2.
If
Mr Pan thought that the plaintiffs' lawyers might already have applied for a memorial of lis pendens and that the defendants lawyers would try to stop it. He did not know the result but thought that the danger of immediate sale had now receded. Mr Pan thanked Dr Wilson for bringing the matter to the Acting Governor's attention and said that he had no wish to intervene in a judicial matter, but merely to ensure that the judge was aware that the Chinese considered this property to be state property. Dr Wilson said that he was confident that the judge would reach a fair decision. If the Chinese side needed any general advice on the functioning of the Hong Kong legal system he would be happy to provide it. On detailed points of law, however, it was best to consult a competent lawyer.
Vietnamese refugees
3.
There was a brief discussion of refugee matters. emerged that Mr Tan would again assume responsibility for this and it was agreed that Mr Margolis and Mr Tan would arrange to meet to discuss recent developments and make
/arrangements
It
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