our
The provisional agreement was signed in October 1985 and there have been prolonged discussions and delays. To baulk at this stage would be seriously damaging to dealings with Guangdong on legal matters and perhaps more widely, at a time when the need for co-operation is growing lever greater.
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It is possible that
that other provinces of China might wish to enter into similar arrangements with Hong Kong. Members have on a previous occasion expressed concern that this arrangement might set an undesirable precedent for other provinces in China, but any such approaches can effectively be resisted on the grounds that an informal it is arrangement with Guangdong is only feasible because geographically adjacent to Hong Kong with various
with various close, social and economic ties. Normally, arrangements for mutual
service of process between countries are made either under the Hague Convention or other Conventions, or by formal
between States. application
Any
of extension Jarrangement between Hong Kong and Guangdong to other
provinces would have to be considered in this context.
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pursue
the
It is also possible Guangdong might wish to other areas of mutual assistance, such as the execution of judgments and the taking of evidence, or even to extend co-operation to criminal cases.
COSTS
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Paragraph 7 of the provisional agreement provides that service shall be effected free of charge and that if a special
special method of service other than the double registered post is requested by the entrusting party, it shall bear the cost. It is expected that the cost and the revenue to Hong Kong will be minimal.
LEGISLATION
2
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No legislation is required for the agreement to be implemented, although it might be
although it might be considered desirable for small amendments to be made to the Rules of the Supreme Court
IMPLEMENTATION
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If Members approve the implementation of the provisional agreement, it can be confirmed at an early date at a meeting convened with the Chinese side. Provided that no new issues arise, the Chief Justice or the Registrar, Supreme Court, will then write to the President of the High People's Court of
confirming the provisional
Guangdong
CONFIDENTIAL
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