TNAG-1651-FCO40-2299-Bankruptcy-in-Hong-Kong-Bankruptcy-(Amendment)-Ordinance-198-1987 — Page 59

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

022747 MDHIAN 1136

HAS RECEIVED ''THE FOREIGN DOCUMENTS ATTACHED TO THIS CERTIFICATE' THE CERTIFICATE LISTS THE AUTHORITIES FROM WHOM THE DOCUMENTS HAVE BEEN RECEIVED. THIS PROBLEM AGAIN APPLIES WITHSPECIAL FORCE TO THE

ECONOMIC AFFAIRS. DOCUMENTS FROM THE TAIWANESE MINISTRY OF

YOU CAN

9. THIS IS AN IMPORTANT ELEMENT IN AN IMPORTANT CASE, INVOLVING CONTRACTUAL ORLIGATIONS ON HONG KONG GOVERNMENT AND CONSIDERABLE SUMS OF MONEY. WE SHOULD BE MOST GRATEFUL FOR YOUR ADVICE ON WHETHER, AND IF SO HOW, ADMISSIBLE EVIDENCE CAN BE OBTAINED FROM PUBLIC OFFICES IN PLACES WHERE BRITAIN DOES NOT RECOGNIZE THE REGIME IN POWER. IF NO MAGIC FORMULA EXISTS, WE HOPE THAT

ON THE LINES OF AGREE TO AN APPROACH THROUGH TAIWAN SOLICITORS OPTION B ABOVE AS WE SEE IT, THIS WOULD HAVE TO BE SUBJECT TO

REPUBLIC OF CHINA'' OR TO CERTAIN CONSTRAINTS. NO REFERENCES TO THE THE TAIWANESE

OR ''MINISTRIES''. SHOULD APPEAR IN THE 'GOVERNMENT' DOCUMENTS PRESENTED TO THE COURT OR ON THE CHIEF SECRETARY'S CERTIFICATE. WE WOULD PROPOSE TO SEND A COUNSEL TO TAIWAN TO INSTRUCT THE SOLICITORS CAREFULLY ON OUR REQUIREMENTS. COUNSEL WOULD OF COURSE HAVE NO CONTACT WITH TAIWANESE

*

1

THE

AUTHORITIES.

ARE

10. HONG KONG'S DEALINGS WITH TAIWAN, PARTICULARLY ECONOMIC, VERY SUBSTANTIAL AND GROWING FAST. THE RELAXATION OF TAIWAN'S EXCHANGE CONTROLS AND THEIR CONTROLS ON FOREIGN TRAVEL WILL ADD

HONG KONG, FURTHER SUBSTANCE. THE NUMBER OF TAIWANESE TRAVELLERS TO AROUND 200,000 A YEAR BEFORE THE RELAXATION, IS NOW RUNNING AT ABOUT DOUBLE THAT. ALL OF THIS WILL MEAN MORE LEGAL CASES INVOLVING TAIWAN. WE SHALL HAVE A SERIOUS GAP IN OUR DEFENCES IF WE HAVE NO MEANS OF GETTING CERTIFIED EVIDENCE FROM TAIWAN IN SUCH CASES.

11

·

IT MY BE THAT WE SHOULD MENTION TO THE CHINESE HOW WE PROPOSE TO SECURE THE EVIDENCE REQUIRED, AND POINT OUT TO THEM THAT THIS IN NO WAY SUGGESTS ANY RECOGNITION OF THE LEGITIMACY OF THE

AUTHORITIES CONCERNED IN TAIWAN BUT IS RATHER A PRACTICAL NECESSITY

(A PROBLEM WHICH INCIDENT- IN HANDLING A PROBLEM THAT MUST BE SOLVED

ALLY INVOLVES THEIR OWN INTERESTS IN THE FORM OF CITIC). VIEWS ON THIS WOULD BE MOST WELCOME

WILSON

PEKING'S

YYYY

PAGE 3 CONFIDENTIAL

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.