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CONFIDENTIAL
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CONFIDENTIAL
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TO ROUTINE FCO
TELNO 3565
OF 26110OZ OCTOBER 89
INFO ROUTINE ISLAMABAD
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FOREIGN JUDGEMENTS (RECIPROCAL ENFORCEMENT (AMENDMENTS) ORDER 1988
THE ABOVE-NAMED ORDER WAS CONSIDERED BY EXECUTIVE COUNCIL IN SEPTEMBER. THEY HAVE DEFERRED THEIR CONSIDERATION FOR TWO MONTHS WHILE WE LOOK INTO THE FOLLOWING QUESTION, ON WHICH WE SHOULD LIKE YOUR VIEW. INTER ALIA, THE ORDER DELETES PAKISTAN FROM THE SCHEDULE OF COUNTRIES WHOSE SUPERIOR COURT JUDGMENTS WILL BE ENFORCED IN HONG
KONG. THIS IS BECAUSE THE RECIPROCAL ENFORCEMENT PROVISIONS IN CAP
139 MAY ONLY BE APPLIED TO A COUNTRY IF THAT COUNTRY APPLIES ''SUBSTANTIAL RECIPROCITY OF TREATMENT'
·
2. OUR LAWYERS BELIEVE THAT PAKISTAN NO LONGER OFFERS HONG KONG SUCH
RECIPROCITY. THIS CONCLUSION WAS BASED ON TWO SETS OF LEGAL ADVICE SEPARATELY OBTAINED FROM FIRMS OF SOLICITORS. OUR LEGAL DEPARTMENT HAS OBTAINED NO REPLY TO THEIR REQUESTS FOR OFFICIAL CONFIRMATION FROM THE MINISTRY OF LAW AND PARLIAMENTARY AFFAIRS IN PAKISTAN.
3. WE SHOULD BE GRATEFUL, FIRSTLY, FOR ANY CLARIFICATION THAT YOU OR ISLAMABAD CAN OBTAIN OF THE PRESENT POSITION: DOES PAKISTANI LAW ALLOW FOR THE ENFORCEMENT IN PAKISTAN OF HONG KONG HIGH COURT JUDGEMENTS? AND, SECONDLY, FOR ANY ADVICE YOU HAVE ON WHETHER THE DELETION OF PAKISTAN WOULD BE POLITICALLY UNDESIRABLE, AND WHETHER THERE MAY BE AN ALTERNATIVE COURSE.
4. WE ARE FAXING TO STONE, HONG KONG DEPARTMENT, THE LETTER WHICH THE ATTORNEY GENERAL'S CHAMBERS SENT TO THE PAKISTANI MINISTER FOR LAW AND PARLIAMENTARY AFFAIRS. ALTHOUGH THE LETTER REFERS TO PAKIS- TAN'S DEPARTURE FROM THE COMMONWEALTH AS A TRIGGER FOR CHANGING THEIR STATUS WITH REGARD TO THIS ORDER, THEIR RECENT RE-ENTRY TO THE COMMONWEALTH DOES NOT SOLVE THE ISSUE. WE BELIEVE PAKISTANI LAW HAS ITSELF CHANGED IN THE INTERIM TO AFFECT THE DEGREE OF RECIPROCITY WE RECEIVE. THE MATTER RESTS UPON CIRCUMSTANCES IN EACH JURISDICTION
RATHER THAN COMMONWEALTH MEMBERSHIP PER SE.
WILSON
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