TNAG-1826-FCO40-2594-Hong-Kong-courts-and-legal-system-1988 — Page 67

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MDLIAN 5135

7. IN THE TIME AVAILABLE WE ARE UNABLE TO FORM A DEFINITE VIEW AS

TO WHAT SUBSTANTIVE CHANGES (IF ANY) TO OUR TRUST LAW WOULD BE

INVOLVED IF WE REQUESTED INCLUSION IN THE UK'S RATIFICATION OF THE CONVENTION AND EITHER REQUESTED EXTENSION OF THE 1937 ACT TO

HONG KONG OR ENACTED LOCAL LEGISLATION SIMILAR TO THAT

ACT. I WOULD

BE GRATEFUL FOR YOUR URGENT ADVICE ON THE SUBJECT OF SUBSTANTIVE

CHANGES IN THE LAW.

8. WE APPRECIATE THAT THE CONVENTION AND THE ACT WILL BENEFIT COMMON

LAW COUNTRIES VIS A VIS CIVIL LAW COUNTRIES. HOWEVER THIS IN ITSELF

IS NOT A MAJOR FACTOR AS FAR AS HONG KONG IS CONCERNED. ON THE OTHER

HAND IT IS OF BENEFIT TO US TO REMAIN IN STEP WITH THE DEVELOPMENT

OF ENGLISH TRUST LAW UPON WHICH OUR OWN TRUST LAW IS BASED. WE ARE

THEREFORE INCLINED TO SEEK INCLUSION IN THE UK'S RATIFICATION, BUT BEFORE CONFIRMING THIS I AM SUBMITTING A PAPER TO OUR LEGAL AFFAIRS

POLICY GROUP (LAPG) FOR A DECISION ON 25 JULY 1988. IT WOULD BE

VERY HELPFUL IF YOU COULD LET ME HAVE THE ADVICE SOUGHT IN

PARAGRAPH 7 BEFORE THAT DATE, TO ENABLE LAPG TO TAKE ACCOUNT OF

Y OUR VIEWS.

9. ALSO, IN SEEKING INCLUSION IN THE RATIFICATION WE MUST BEAR IN MIND OUR OBLIGATIONS TO CONSULT WITH THE CHINESE SIDE CONCERNING

THE APPLICATION OF INTERNATIONAL AGREEMENTS WHICH WOULD

AP PROPRIATELY EXTEND BEYOND 1997.

WOULD PREFER TO

EXTENSION OF

THE NECESSITY

CONSULTING THE

10. IF WE REQUEST INCLUSION IN THE RATIFICATION WE

ENACT OUR OWN LEGISLATION LOCALLY RATHER THAN SEEK

THE 1987 ACT BY ORDER-IN-COUNCIL. THIS WOULD AVOID

OF LOCALISING THE LEGISLATION SUBSEQUENTLY AND OF

CHINESE SIDE A SECOND TIME ON THE SAME MATTER. WE WILL ADVISE LATER AS TO THE TIMING OF SUCH LEGISLATION, BUT WE WOULD ANTICIPATE

ENACTMENT BY THE END OF THIS YEAR.

11. IN THIS CONNECTION AND RELEVANT TO YOUR DEAD-LINE OF AUGUST 1

(PARAS 5 AND 6 OF YOUR LETTER UNDER REPLY) I WONDER WHETHER (IF

NECESSARY) A SEPARATE DECLARATION CAN BE MADE FOR HONG KONG UNDER ARTICLE 29 ON THE BASIS OF HONG KONG BEING A ''TERRITORIAL UNIT''

WITH A ''DIFFERENT SYSTEM OF LAW''. IF THIS IS POSSIBLE IT WOULD

GREATLY ASSIST US IN CONSIDERING GENERALLY THE IMPLICATIONS OF

RATIFICATION AND IN THE CONSULTATIONS WITH THE CHINESE SIDE.

WILSON

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