TNAG-1827-FCO40-2595-Mutual-legal-assistance-between-Hong-Kong-and-the-UK-and-USA-1988 — Page 109

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FROM:

PAUL FIFOOT

"1

Miss S Morton

FED

K 267

CC:

HKI) 341/1 нку

DATE:

DEPUTY LEGAL ADVISER

23 MARCH 1988

اتهامه شمار

Mr Wood En HKD 371/1.

HKD'

Detwiz

Mr Grainger, Legal Advisers

and by one month

acted, and W813

MUTUAL JUDICIAL ASSISTANCE AGREEMENT WITH THE PRC: MISS MAJOR'S MINUTE OF 18TH MARCH

1.

There are two separate aspects to the Hong Kong connection in civil matters (paragraph 6 (d) of Miss Major's minute), only one of which was dealt with in my minute of 10 December to Mr Wood.

2.

(12) HUD 371/3 (87) 371/3(87)

In that minute of 10 December I was concerned with the consideration that when we made an agreement with a foreign country, we would normally have to take into account not only how that agreement might work as between the United Kingdom and that country, but also how it would work as between United Kingdom colonies and that country. The geographical relationship between China and Hong Kong would make the latter particularly relevant. However Hong Kong will want to work out its own relationship with China in the judicial field with a view to what will happen after 1997. Accordingly, we would not wish any arrangement we would make with China now to include Hong Kong.

3.

However, when 1997 comes we have to look at the Hong Kong problem in a different way. The question then is will any arrangements we have made with China apply also to transactions as between the SAR and the United Kingdom. I do not think that we can form a firm view on that at this stage. Nevertheless a factor which will loom large, if not be determinative in considering that issue, is that Hong Kong will continue to have a common law system and it may well be that it would be approp- riate, and possible, to continue the kind of arrangements (obtaining evidence, recognition of judgements etc) which we have presently with Hong Kong. Because Hong Kong has a similar system to our own, and because that is a developed system, the result may then be that our arrangements for judicial assistance with Hong Kong will be of a different order from those with the rest of China. Therefore, from a different perspective than that which applies before 1997, we may well wish that such

/arrangements

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