TNAG-1827-FCO40-2595-Mutual-legal-assistance-between-Hong-Kong-and-the-UK-and-USA-1988 — Page 114

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MDLIAN 1947

CONFIDENTIAL FM PEKING

TO PRIORITY FCO

TELNO 352

OF 230648Z FEBRUARY 88

INFO PRIORITY HONG KONG

HKD 314/2

MY TWO IPTS: UK/CHINA LEGAL EXCHANGES. ¡AGREEMENT ON JUDICIAL ASSISTANCE

1.

I RECALLED THE GENERAL AND

I RAISED THIS AS SUGGESTED WITH XU JINGFENG OF THE MINISTRY OF JUSTICE FOREIGN AFFAIRS BUREAU WHEN I CALLED ON HIM ON 22 FEBRUARY. I REFERRED TO THE AGREEMENTS ALREADY CONCLUDED OR PROPOSED BY CERTAIN OTHER EUROPEAN COUNTRIES, SAID THAT THE UK WOULD PRIMA FACIE SEE MANY OF THE SAME ADVANTAGES IN A BILATERAL AGREEMENT AS THESE COUNTRIES HAD, BUT NOTED THAT BECAUSE OF THE SPECIAL NATURE OF OUR LEGAL SYSTEM ANY AGREEMENT WE SIGNED WOULD HAVE TO BE SUI GENERIS, NOT A COPY OF ANYONE ELSE'S. PRELIMINARY DISCUSSION OF THESE PROBLEMS THAT HAD TAKEN PLACE BETWEEN BRITISH LEGAL OFFICIALS AND PROFESSOR YU SHUTONG OF THE MOJ ON THE LATTER'S VISIT TO THE UK IN DECEMBER, FOLLOWING WHICH YU HAD

I ASKED AGREED TO REFLECT AND LET US HAVE ANY CONSIDERED REACTIONS.

WHETHER IT WOULD BE WHETHER HE MIGHT NOW BE IN A POSITION TO DO SO: A GOOD IDEA FOR ME TO TALK TO HIM DIRECTLY: AND, ASSUMING WE DID WISH TO MAKE A FORMAL PROPOSAL FOR AN AGREEMENT, HOW WE SHOULD TAKE THIS FORWARD.

2. XU SAID AT ONCE THAT HE WAS AWARE OF THE SUGGESTIONS MADE TO YU

THE MOJ IN THE UK, AND HAD DISCUSSED THEM WITH HIM AFTERWARDS.

AS REGARDED THE POINTS MADE TO YU, AND ALSO MY PRESENT APPROACH, SERIOUS INDICATIONS OF THE BRITISH GOVERNMENT'S INTEREST IN AN AGREEMENT. FOR THEIR PART THEY WELCOMED THIS.

3.

TURNING TO PROCEDURE, HOWEVER, XU EXPLAINED THAT WHILE THE MOJ HAD NOW TAKEN ON PRIMARY RESPONSIBILITY FOR THE IMPLEMENTATION AND ENFORCEMENT OF SUCH INTERNATIONAL AGREEMENTS, THE TECHNICAL WORK OF NEGOTIATING THEM STILL TOOK PLACE UNDER THE LEADERSHIP OF THE MFA. THIS WAS PARTLY BECAUSE OF THE LATTER'S EXPERTISE IN INTERNATIONAL LAW AND PARTLY BECAUSE THE CONCLUSION OF SUCH AGREEMENTS WAS SEEN AS PART OF THE OVERALL SPECTRUM OF BILATERAL RELATIONS WITH A GIVEN COUNTRY. THE FORM WAS FOR THE MFA'S TREATY AND LAW DEPARTMENT TO

AND ALSO THE SUPREME TAKE THE LEAD, WITH REPRESENTATIVES OF THE MOJ COURT TAKING PART IN THE NEGOTIATIONS. WITHIN THE MOJ THE DEPARTMENT RESPONSIBLE FOR THIS WAS YU SHUTONG'S DEPARTMENT OF

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