TNAG-1866-FCO40-2650-Future-of-Hong-Kong-legal-issues-1989 — Page 23

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Reference....

Mr Edwa

Edwards

for now

Legal Advisers

Myth Wood (HKD))

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FUTURE OF HONG KONG : VARIOUS LEGAL ISSUES

1.

Your minute of 20 June 1989 to Mr Wood asked me to minute to NTD on the question of arrangements after 1997 between the UK and Hong Kong on judicial cooperation in civil law matters. A copy of my

minute to NTD is attached.

2. You also asked about the extent to which the UK's bilateral reciprocal enforcement of judgments conventions have been superseded by the European Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (the "Brussels Convention").

3. The Bilateral Conventions

The UK had 5 bilateral treaties with European Community countries on the reciprocal recognition and enforcement of judgments in civil and commercial matters. These Conventions were with France (1934), Belgium (1934), the FRG (1960), the Netherlands (1967) and Italy (1970). All of these were extended to Hong Kong by Exchanges of Notes.

4. The Brussels Convention

The Brussels Convention of 1968 was amended by an Interpretation Protocol in 1971 and by a Convention dealing with the accession of Denmark, the UK and Ireland, which was made in 1978. Article 55 of the 1968 Convention, as amended, provides:-

"Subject to the provisions of the second paragraph of Article 54 and of Article 56, this Convention shall, for the States which are parties to it, supersede the following Conventions concluded between two or more of them

The list which follows includes all the UK's bilateral arrangements mentioned in paragraph 3 above.

5. Article 54 of the Brussels Convention does not assist in determining the extent to which the Convention supersedes the earlier treaties. Article 56 provides that the Conventions referred to in Article 55 shall continue to have effect in relation to "matters" to which this Convention does not apply. It seems fairly clear that "matters" has to be understood in the context of Article 1 of the Convention which states:-

"This Convention shall apply in civil and commercial matters

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/ In other words