TNAG-2162-FCO40-3093-Legal-matters-between-Hong-Kong-and-China-1990 — Page 21

RESTRICTED

ZCZC

RESTRICTED

FM FCO

TO PRIORITY HONG KONG

TELNO

OF 12160OZ DECEMBER 90

AND TO PRIORITY UKREP JLG HONG KONG, PEKING

PRIORITY

RECIPROCAL JUDICIAL ASSISTANCE IN CIVIL AND COMMERCIAL MATTERS:

ARRANGEMENTS BETWEEN HONG KONG AND CHINA

You will recall our exchange of telegrams (resting with FCO telno 61 to UKRep JLG) which arose from a Hong Kong press report

1.

that the Chinese Government were looking at the question of

9 judicial links (your telno 1772 paragraph ). The press report seemed to concern only criminal matters (it mentioned the

handling of dissidents). We can understand why this is considered sensitive and agree that the whole issue of reciprocal judicial assistance with China on criminal matters and rendition should not/not yet be pursued further.

2. In following up this press report in informal enquiries, however, Perry Keller (then of the Attorney General's chambers) produced a useful paper (addressed to Political Adviser, dated 10 August) focussing entirely on civil judgements.

The paper provided a useful understanding on the way in which the Chinese procedure Law operates in this field. It also recommended that HKG should respond positively (though with caution) to a supreme

MUKAKU/RW

HKD

PA MAJOR

2655