TNAG-2162-FCO40-3093-Legal-matters-between-Hong-Kong-and-China-1990 — Page 14

HKC370/2

RECEIV

0 2 JAN 1991

DESKO INDEX

CONFIDENTIAL

Telo issued.

22

fa (replace like copy)

pre transfer rets

Jill Barrett

Assistant Legal Adviser

Date:

7 December 1990

Rou 19/12.

on Taker:

From:

Mr Paul, HKD

MoMajor

We discussed

how to take this

forward /18/2

сс Ms Major, HKD Mr Fifoot

MY VISIT TO HONG KONG: RECIPROCAL JUDICIAL ASSISTANCE IN CIVIL

AND COMMERCIAL MATTERS

1.

In my minute to you of 5 November reporting on my visit to Hong Kong, I promised to minute further on this subject. I apologise for the fact that more urgent work has prevented me from doing so until now. As I understand that you are travelling to Hong Kong tomorrow, I am minuting hastily now as you might wish to raise this subject there; or at least be briefed in case it is mentioned by others in the JLG team.

A. HONG KONG/THIRD COUNTRIES: Separation of existing agreements

2.

Considerable progress has already been made in relation to cooperation with third countries in criminal matters - notably extradition and Mutual Legal Assistance Treaties. However, reciprocal arrangements relating to civil and commercial legal matters have yet to be tackled. Agreement with the Chinese to ensure continuation in some form of existing arrangements with third countries after 1997 will be of crucial importance to commerce in Hong Kong, and ought to involve fewer political sensitivities than the extradition and MLAT talks have done.

3.

This subject is covered by JD 71. ("The CPG shall assist or authorise the HK/SARG to make appropriate arrangements for reciprocal judicial assistance with foreign States".) Yet it does not feature on the future programme for the JLG, nor does it appear to have been flagged up with the Chinese as an area in which HKG wishes to negotiate batches of agreements on its own.

(The first mention I have seen is in HK telno 3401 of 19 November 1990 in A8, in response to a Chinese question arising out of the MLA model agreement.) I therefore made enquiries in Hong Kong as to current thinking on the matter.

4. Existing Arrangements

The subject matter of existing arrangements falls into four categories:

ALLAAD

CONFIDENTIAL