TNAG-2108-FCO40-3007-Hague-Convention-on-the-Law-Applicable-to-Trusts-1990 — Page 6

CODE 18-77

Mr D Dance (NTD, CL 530)

HAGUE CONVENTION ON TRUSTS

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Reference

EXTENSION TO HONG KONG

3

pa WHI/2

1.

Thank you for preparing the draft Note.

I agree its terms apart from paragraph 3 which should be omitted. The Convention itself, in Article 30 (c), explains when the Convention shall enter into force for a territorial unit to which the Convention has been extended under Article 29. In practice, the Convention is likely to enter into force for Hong Kong at the same time as it enters into force for the UK and other dependent territories, since the UK is as yet the only Contracting State and two more ratifications are needed before entry into force. The Hague Permanent Bureau will of course notify us of further ratifications and entry into force of the Convention in the usual way.

2.

You referred to Gill Hamer's minute of 25 October 1989. I enclose my minute of 24 November 1989 in reply. TCI draft legislation is still being considered by the Lord Chancellor's Department. I sent them a reminder on 22 December and they replied on 3 January saying that they hoped to be able to let me have comments soon.

31 January 1990

HKC03118

RECEIVED IN REGISTRY

21 FEB 1990

DESK OFFICE:

INDEX

PA

GISTRY Action Taken

CC: Ms N Hancock, HKD

Nigel Parker

ND Parker

Assistant Legal Adviser W44/3 270 3067