TNAG-1864-FCO40-2645-Future-of-Hong-Kong-Basic-Law-proposed-amendment-to-the-Cro-1989 — Page 4

Mr Beaumont, SED

Mr Dew, FID

Mr Penfold, WIAD

IVLI

THE

PROPOSED AMENDMENT TO/CROW

TO/CROWN PROCEEDINGS ORDINANCE IN HONG KONG

1 :

Miss Slater's minute of 17 May outlined proposals to amend Hong

This minute sets out the latest Kong's Crown Proceedings Ordinance. position on Hong Kong's proposals, and suggests that since the problem they address is in essence a Hong Kong problem, we should proceed with them for Hong Kong and not for other dependent

territories.

2.

Under present arrangements, in accordance with Hong Kong's Crown Proceedings Ordinance, a person cannot institute civil proceedings in Hong kong against the Crown in the right of the United Kingdom. This situation means that a system of out-of-court settlements is necessary for cases which would, under normal circumstances, be resolved by civil proceedings through the Courts. such cases would have to be pursued in the UK.

3.

Alternatively

of

There are only four agents of the Crown in the right the United Kingdom acting in Hong Kong: the armed forces, the British Trade Commission, UKREP JLG, and the Property Services Agency of the Department of the Environment. In practice there have only been

problems in respect of the armed forces.

4. Hong Kong now proposes that they should amend their Crown Proceedings Ordinance to permit plaintiffs to sue the Crown in the right of the United Kingdom in Hong Kong Courts.

this are:

(a)

(b)

practical Lproblem

The reasons for

the problems there have been in respect of the

to overcome the

armed forces;

by addressing all agents of the Crown in Hong Kong, to

CONFIDENTIAL