TNAG-1866-FCO40-2650-Future-of-Hong-Kong-legal-issues-1989 — Page 15

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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2116

Mr Fatman

I await the minutes on

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paras 1+2.

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18 JUL 1989

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D M Edwards

Legal Advisers

Date:

20 June 1989

CC:

Mr Paul, HKD

see extradition

file.

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one week

FUTURE OF HONG KONG:

еритрой

Mr MacLeod, Legal Advisers

(Para 2)

VARIOUS LEGAL ISSUES

1. Now that there is a lull in our exchanges with the Chinese, I have been giving some thought to one or two of the medium and long term issues we shall need to address. I am minuting separately to you on the "Newall formula" problem (on which we are owed an answer by Hong Kong) and the question of the EC Convention on Jurisdiction and Enforcement of Judgements and the question of the continued extension of the four bilateral judgements conventions now overtaken.

2. In the meantime, I have asked my colleague, Iain MacLeod, to minute to NTD on the question of arrangements after 1997 between the UK and Hong Kong on various civil law and civil procedure problems, all of which will have to be considered by the Lord Chancellor's Department and, of course, by Hong Kong itself.

3.

as there is a majority of directly elected members of the Legislative Council (LegCo) it will presumably be necessary for the Governor to possess reserved powers to appropriate public funds, at least temporarily. Article 51 of the draft Basic Law, of course, addresses this problem for the period after 1997, but we ought, I suppose, also to amend the Letters Patent in a similar sense. I imagine that this point may well have already been considered in the department. If it has, I should like to see the papers.

4.

An amendment to the Letters Patent need not be complicated and could probably be made at the same time as the amendment making changes to the composition of LegCo. But it would be as well to have it all ready well in advance.

Charl

RESTRICTED

David M Edwards K161

270 3058

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