TNAG-1921-FCO40-2726-Mutual-legal-assistance-between-the-UK-and-Hong-Kong-1989 — Page 68

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

HKB 371/2

Foreign and Commonwealth Office

London SW1A 2AH

Sir Derek Oulton KCB QC

Lord Chancellor's Department

House of Lords

LONDON

SWLA OPW

ہیں

9 March 1989

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McLeary,

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FED

Mr Hauleni, ERD

My Edwards, Legal Advisers и bradley, два, надкад

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MUTUAL JUDICIAL ASSISTANCE AGREEMENT WITH THE PEOPLE'S REPUBLIC OF CHINA

I am writing to you to explore ways of how we might take forward the proposal for a Mutual Judicial Assistance Agreement between ourselves and China. As you know, the Attorney General and the Director of Public Prosecutions are visiting China later this month (the Attorney leaves on 18 March), and it is very likely that the Chinese will raise the question with them.

Briefly, the background is as follows. The proposal was first put forward by our Embassy in Peking that, as part of our general policy of developing legal exchanges with China, we should follow the example of a number of other countries and conclude such an agreement. Following discussions in London in the course of which the Lord Chancellor agreed in principle that the conclusion of a bilateral agreement was worth pursuing, our Embassy in Peking was instructed to approach the Chinese Ministry of Foreign Affairs and suggest drawing up an agreement to

cover:

(a) the service of judicial and extra-judicial

documents,

(b) the taking of evidence abroad,

(c) the recognition and enforcement of

judgements,

(a) the recognition and enforcement of

arbitral awards,

(e) the abolition of legislation,

(f) the exchange of legal information.

/The Chinese

со

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