CONFIDENTIAL
HKB Oil 12
134435 MDLIAN 3000
51
CONFIDENTIAL
FM ISLAMABAD
TO ROUTINE HONG KONG
TELNO 002
OF 011039Z NOVEMBER 89
INFO ROUTINE FCO
50)
TOP COPY 2 DIST ?
HONG KONG TEL 3565 TO FCO: FOREIGN JUDGEMENT (RECIPROCAL ENFORCEMENT AMENDMENT) ORDER 1988.
1. WE HAVE CONSULTED THE SECRETARY (EQUIVALENT TO PERMANENT SECRETARY) (MINISTRY OF LAW AND PARLIAMENTARY AFFAIRS) ABOUT THE FIRST POINT IN PARA 3 OF TUR. SECTION 44A OF THE PAKISTAN CODE OF CIVIL PROCEDURE STATES THAT ''WHERE A CERTIFIED COPY OF A DECREE OF ANY OF THE SUPERIOR COURTS OF THE UNITED KINGDOM OR ANY RECIPROCATING TERRITORY HAS BEEN FILED IN A DISTRICT COURT, THE DECREE MAY BE EXECUTED IN PAKISTAN AS IF IT HAD BEEN PASSED BY THE DISTICT COURT. '' SUPERIOR COURTS, WITH REFERENCE TO THE UNITED KINGDOM, MEANS THE HIGH COURT IN ENGLAND, THE COURT OF SESSION IN SCOTLAND, THE HIGH COURT IN NORTHERN IRELAND, THE COURT OF CHANCERY OF THE COUNTY PALATINE OF LANCASTER AND THE COURT OF CHANCERY OF THE COUNTY PALATINE OF DURHAM.
''RECIPROCATING TERRITORY' MEANS THE UNITED KINGDOM AND ANY SUCH OTHER COUNTRY OR TERRITORY AS THE FEDERAL GOVERNMENT MAY, FROM TIME TO TIME, BY NOTIFICATION IN THE OFFICIAL GAZETTE, DECLARE TO BE RECIPROCATING TERRITORY FOR THE PURPOSES OF THIS SECTION: AND ''SUPERIOR COURTS'', WITH REFERENCE TO ANY TERRITORY, MEANS SUCH COURTS AS MAY BE SPECIFIED ON THE SAID NOTIFICATION.
2.
THE GOVERNMENT OF PAKISTAN HAS DECLARED THE FOLLOWING COUNTRIES RECIPROCATING TERRITORIES WITHIN THE MEANING OF SECTION 44A OF THE CODE OF CIVIL PROCEDURE:-
UNITED KINGDOM: FIJI: SINGAPORE: AUSTRALIAN CAPITAL TERRITORY: NEW ZEALAND INLUDING THE COOK ISLANDS (INCLUDING NIUE) AND THE TRUST TERRITORY OF WESTERN SAMOA: NORTHERN TERRITORY OF AUSTRALIA: AUSTRALIAN STATE OF VICTORIA, STATES OF QUEENSLAND AND WESTERN AUSTRALIA: STATE OF KUWAIT: REPUBLIC OF TURKEY.
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YOU WILL BE BEST PLACED TO KNOW WHETHER HONG KONG HIGH COURT JUDGEMENTS ARE REGARDED AS JUDGMENTS OF THE HIGH COURT OF ENGLAND. IF THEY ARE NOT IT APPEARS THAT PAKISTANI LAW DOES NOT ALLOW THE ENFORCEMENT IN PAKISTAN OF HONG KONG HIGH COURT JUDGEMENTS.
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