TNAG-1579-FCO40-2153-Provision-of-judicial-assistance-to-Brunei-by-the-Hong-Kong--1986 — Page 8

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HKK 371/2

Atuly

E

Dr Wilson

کت

FROM: CO Hum

DATE: 18 June 1986

cc Mr Adams, SEAD

Mr Fifoot, Deputy Legal

Adviser

Си

1416

19/

PROVISION OF JUDICIAL ASSISTANCE TO BRUNEI BY THE HONG KONG

GOVERNMENT

Problem

A

1.

B

2

How to respond to Hong Kong Telno 1733?

Recommendation

2.

I recommend that we reply on the lines of the attached telegram. SEAD and Legal Advisers concur.

Background

3.

Hong Kong have sought our views on the possible termination of current arrangements whereby Hong Kong provides judicial assistance to Brunei. These arrangements were implemented in an exchange of notes signed at the same time as the UK/Brunei Treaty of Friendship and Cooperation in 1979, and came into force on 31 December 1983.

notes do not specify a means or period of notice for

termination.

The

C

4.

The telegram reflects what are very much the preliminary views of SEAD, the Legal Advisers' and

ourselves. The Governor does not wish us

he has considered the issue

post until

to consult the

further with the

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Chief Justice.

In

the end the best course seems likely

scenario something like the one Chief Justice (with 5 years' notice of

But theoretically the

to be to go for a envisaged by the

termination given in 1990).

arrangements could of course be extended beyond 1997: the

last sentence of the telegram points to what could conceivably be an advantage of such an extension, although I doubt whether it will appeal to the Governor.

Cobden

&

Sent

18 June 1986

an

content

CO Hum

Hong Kong Department

for the drafted

Telegram

have

✓ for despatch. But I too The Singestion at X the SaveNor-

doubt whether

will appeal to

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Sit

to Brunei

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to he

HKK 371/2

EGISTRY 20 JUN 1986

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TOP COPY

44383

1

OCMIAN 4383

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RR HOKON

FM FCOLN TO HOKON

181530Z JUN

GRS 302

нни

37112

RECEIVED IN REGISTRY

19 JUN 1986

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FM FCO

TO ROUTINE HONG KONG

TELNO 1173

OF 181530Z JUNE 86

4

DESK OFFICER INDEX

REGISTRY

Action Taken

YOUR TELNOS 1733 AND 1792:

PROVISION OF JUDICIAL ASSISTANCE TO

BRUNEI BY THE HONG KONG GOVERNMENT

1.

YOU WILL APPRECIATE THAT BEFORE WE CAN GIVE MORE THAN A

PRELIMINARY REACTION TO YOUR ENQUIRY WE WILL NEED TO OBTAIN THE

VIEWS OF THE HIGH COMMISSION IN BRUNEI ON THE PROBABLE BRUNEIAN

REACTION. HOWEVER WE BELIEVE THAT BANDAR SERI BEGAWAN WILL

CONFIRM OUR OWN INITIAL VIEW THAT THE BRUNEIANS WILL PREFER TO

MAINTAIN THE PRESENT ARRANGEMENTS IN OPERATION FOR AS LONG AS

POSSIBLE. (THEORETICALLY OF COURSE THEY COULD EXTEND BEYOND

1997, WITH THE PRESENT EXCHANGE OF NOTES REPLACED BY AN

AGREEMENT WITH THE SAR GOVERNMENT.)

2.

PARA 6 OF FIRST TUR ASKS HOW SUCH TERMINATION MIGHT BE

MARRIED INTO OUR BILATERAL RELATIONS WITH THE BRUNEIANS. SUBJECT

TO THE POST'S VIEWS WE FEEL THAT IT WOULD BE DESIRABLE ON THAT

COUNT TO GIVE THE BRUNEIANS NOTICE OF TERMINATION AS LATE AS WE

REASONABLY CAN, WHILE STILL ALLOWING THEM SUFFICIENT TIME TO MAKE

ALTERNATIVE ARRANGEMENTS OF THEIR OWN. OUR PRELIMINARY REACTION

IS THAT THE TIMING ENVISAGED BY THE CHIEF JUSTICE IN PARA 4 OF

FIRST TUR LOOKS ABOUT RIGHT. AT SOME STAGE WE SHALL OF COURSE

ALSO NEED TO CONSULT MINISTERS.

3.

WE NOW AWAIT A REPORT OF YOUR FURTHER DISCUSSIONS WITH

1

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