TNAG-1580-FCO40-2154-Extension-to-Hong-Kong-of-European-Community--European-Free-1987 — Page 60

Foreign and Commonwealth Office

London SW1A 2AH

J K Findlay Esq Solicitor General

11 July 1986

AICK 371/3

RECEIVER

1/3

3 1 JUL 1986

Attorney General's Chambers HONG KONG

Dear Findlay

INO-

DRAFT EC/EFTA CONVENTION ON

18-5 OPM Taker.

JURISDICTION AND THE

ENFORCEMENT OF JUDGMENTS IN IVIL AND COMMERCIAL MATTERS

1.

こ

a

An EC/EFTA Working Party has for

Party has for some time been negotiating a parallel Convention to the 1968 Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters concluded between the original six members of the European Economic

European Economic Community. I attach copy of Cmnd 7395 which contains the text of the original 1968 Convention and of the 1978 Convention of Accession thereto by the United Kingdom, Ireland and Denmark. The 1978 Convention is not yet in force because the Belgians have not yet ratified, and the three acceding States will not ratify until all the original six have done so. legislation to give effect to the Convention is already in place

place in the Civil Jurisdiction and Judgments Act 1982. I also attach a copy of the latest text of the draft parallel Convention.

2.

UK

The 1968 Convention as amended by the 1978 Accession Convention provides, in Article 60 as amended, for extension to UK territories in Europe only. Article 64 of the new draft Convention, however, would permit extension to the Dependent Territories of the Contracting States wherever they may be situated. Some doubts have been expressed on this, particularly on the EFTA

EFTA side, and one suggestion is that

is that the right of extension should be balanced by a right of any Contracting State to object to that extension. Proposed language to give effect to this suggestion appears in square brackets in paragraph 3 of draft Article 64.

3.

the

of 1

It will

In order to enable us to determine the line which we should take on this issue, it would be helpful to know whether, in principle, you would be in favour extension of this Convention to Hong Kong. clearly be of value mainly territories, such as Hong Kong, sophisticated commercial systems. Convention lies primarily in the provisions for the reciprocal enforcement of judgments: these would enable, for example, a judgment given in Hong Kong to be enforced

to those dependent which have relatively The value of the

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