TNAG-1826-FCO40-2594-Hong-Kong-courts-and-legal-system-1988 — Page 147

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

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B. THE FOLLOWING DECISIONS ON MATTERS PERTAINING TO

THE AGENDA OF THE CONFERENCE-

The Fifteenth Session,

Having regard to the proposals and suggestions advanced within the First Commission-

1. Decides to include in the Agenda of the Sixteenth Session the elaboration of a convention on the law applicable to decedents' estates, and instructs the Secretary General to convene a Special Commission to this effect.

2. Invites the Permanent Bureau to undertake exploratory studies on

--the law applicable to transport contracts,

-the question of the law applicable to unfair competition,

-conflicts of jurisdiction occasioned by the extraterritorial application of

laws relating to competition and similar laws of economic regulation,

-conflicts of laws occasioned by transfrontier data flows, and to under- take this study in liaison with the international organizations concerned, in particular the United Nations Commission on International Trade Law (UNCITRAL),

-the desirability of revising the Hague Convention of November 25, 1965 on the Choice of Court, in particular to assure the recognition and enforcement of decisions.

3. Decides to maintain in the Agenda for future work of the Conference the question of the law applicable to contractual obligations, and to leave to the Secretary General the responsibility of deciding whether to convene a working group with a view to exploring the subject.

4. Decides in addition to maintain in the Agenda for future work of the Conference.

-the elaboration of a Convention on the law applicable to negotiable instruments, having particular regard to the advanced progress of work undertaken within UNCITRAL,

-the study of the law applicable to licensing agreements and know-how, in liaison with the international organizations concerned, in particular the World Intellectual Property Organization (WIPO).

5. (a) Instructs the Secretary General to convene a Special Commission on the operation of the Hague Convention of March 18, 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters;

(b) Decides to entrust this Special Commission with the task of proceed- ing to an exchange of views on the possibility of international co-operation relating to the taking of evidence in fields connected to competition law;

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