CONFIDENTIAL
MDLT
147547
1235
CIVIL CASES, THE NEW ZEALAND PRACTICE MAY DIFFER FROM OUR OWN HERE IN ONE RESPECT. THE NEW ZEALAND MFA ARE APPARENTLY IN THE HABIT OF ISSUING CERTIFICATES, FOR PRODUCTION IN NEW ZEALAND COURTS, CERTIFYING THAT THE ACTS COMPLAINED OF IN COURT ACTIONS ARE OFFICIAL ACTS AND FORM PART OF THE CONSULATES' WORK. OUR PRACTICE IS TO CONFINE CERTIFICATES TO THE FACTS OF A PERSON'S IDENTITY AND THEIR OFFICIAL POSITION IN A CONSULATE. THE QUESTION OF WHETHER THAT ACT'S COMPLAINED OF IN CIVIL ACTIONS ARE OFFICIAL CONSULAR FUNCTIONS IS ONE OF LAW TO BE DECIDED BY THE COURTS. THE COURTS HAVE, OF COURSE, BUILT UP A GOOD DELA OF JURISPRUDENCE ON THE LEGAL QUESTION AS TO WHAT DOES OR DOES NOT CONSTITUTE AN OFFICIAL CONSULAR ACT. APPEARANCES BEFORE THE COURTS HERE WHICH ARE CONFINED ONLY TO THE IMMUNITY/JURISDICTIONAL POINT HAVE NOT IN ANY WAY PREJUDICED THE IMMUNITY OF CONSULATES WHEN THEY HAVE
BEEN FOUND TO BE ENTITLED TO IT.
5. A FACTOR WHICH MAY BE INFLUENCING THE NEW ZEALANDER'S APPROACH TO THIS IS THAT THEY ARE VERY CONCERNED OVER THE ACTIVITIES OF NATTRASS, WHO HAS ISSUED SEVERAL WRITS OF A VEXATIOUS AND FRIVOLOUS NATURE AND HAS IN OTHER WAYS ATTEMPTED TO EMBARRASS THE NEW ZEALAND COMMISSION IN HONG KONG.
6. WE ARE INFORMING YOU OF THIS CASE BECAUSE THERE IS A SLIGHT POSSIBILITY THAT WELLINGTON MAY INSTRUCT THE HIGH COMMISSION IN
LONDON TO RAISE THE MATTER WITH YOU.
WILSON
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ΜΑΙΝ
42
LIMITED
HKD
CONSULAR
SPD
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DISTRIBUTION
42
LEGAL ADVISERS
PROTOCOL D
MISS SPENCER
PAGE
2
CONFIDENTIAL
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