TNAG-2162-FCO40-3093-Legal-matters-between-Hong-Kong-and-China-1990 — Page 31

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

CONFIDENTIAL#3

Deputy Political Adviser

in PA CR 4/3221/86

810 2345

21 August 1990

MEMO

To AGC

Your Ref.

dated

18

(Attn: Mr. Perry Keller)

in AGC ADV/5050/38C

10 August 1990

Kor with x

*:

HKC370/2

ISTRY

11 SEP 1990

12

HKC370/2

2.

17

Reciprocal Recognition and Enforcement of Civil Judgements in Hong Kong and the PRC

Your memo of 10 August to the PA refers.

on taken

This is an area where we need to tread very carefully. In your para. 19 you flagged up the danger that any -dialogue on judicial assistance with the Supreme People's Court

would inevitably result in pressures to negotiate a formal agreement. 'Legal Research Visits' would therefore need to be carefully structured to avoid giving undue emphasis to judicial assistance. Keeping an ear to the ground to try and follow Chinese thinking as it develops is desirable. But we would not wish to give the impression that we were considering any form of negotiations. We agree with the sentiments in UKREP JLG Telno. 162 that we should "let this dog sleep on for the time being".

3.

In his memo of 11 August (not to all), Registrar, Supreme Court brings out two further angles. The first is ExCo's directive that, following the difficulties surrounding the 1988 agreement with Guangdong on service of documents, no further such exercise should be started without first consulting ExCo. In my view, anything beyond casual discussions in the context of normal meetings would need to be cleared with ExCo. Secondly, if we do not even make use of the agreement with Guangdong, we have to ask ourselves what the value to Hong Kong would be of any wider agreement. It would be wasteful to expend energy on something we have little use for when there are many things on which we do need results.

St.Badky

(St.Bradley)

Deputy Political Adviser

G.F. 73 C

PSE, TELESENESESTRIVETERISTIC

CC:

SCA

Registrar, Supreme Court

SG

Mr. Bernard Whaley, SCC UK REP JLG

Mr. John Hunter, SCC Pamela Major, HKD, FCO David Coates Esq., Peking

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CONFIDENTIAL #2

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