TNAG-1826-FCO40-2594-Hong-Kong-courts-and-legal-system-1988 — Page 69

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CONFIDENTIAL

on 22 March 1988

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PROBLEM

MEMORANDUM FOR EXECUTIVE COUNCIL

LIAISON WITH GUANGDONG COURTS

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131 In October 1985 the Chief Justice and the President of the Higher People's Court of Guangdong signed a provisional agreement (Annex A) providing for the mutual service of documents between the Higher People's Court and the Supreme Court of Hong Kong in civil proceedings. Negotiations on the details of the provisional agreement have now come to the stage where it needs to be implemented.

RECOMMENDATION

2

It is recommended that-

C

(a)

the documents at Annex C be approved for service in Hong Kong; and

(b)

provisional

agreement

the

be

3

authority be given for

to

confirmed at a forthcoming meeting between representatives of the two sides.

Members are asked to advise whether these recommendations should be approved.

BACKGROUND

4

In late 1983 a delegation from Guangdong visited Hong Kong and expressed the desire for reciprocal assistance with the service of documents, investigation of evidence, and the enforcement of judgments. The FCO took the view that documents could be served under an informal working arrangement with respective courts but that -

(a) assistance should only be given for

civil proceedings;

(b)

in accordance with normal practice, documents should give notice of proceedings and

should not order a

party to appear; and

CONFIDENTIAL