TNAG-2162-FCO40-3093-Legal-matters-between-Hong-Kong-and-China-1990 — Page 32

From

Ref.

Tel. No.

Date..

CONFIDENTIAL# # URGENT

in AGC ADV/5050/38C

13 HKC370/2

RECE

867 2163

Well My fifurt

Your Ref..

in

R and

dated

Attorney General's Chambers

Political Advisor

To

13) J.

10 August 1990

to Ms Major of R

C32078

RECIPROCAL RECOIN HONG KONG AND THE PR.C. The

20 AUG 199090) that I make informal enquiries in Beijing regarding the

Torake.

In response FCO's request (Telno 61 of 1813202 June

intentions of Supreme People's Court on mutual recognition and enforcement of civil judgements, I called on the court during my recent trip to Beijing. As I have made several research calls on the court in the past two years I was able to arrange an informal discussion with Mr. Zhang Mao, a judge of the court who I had met previously. I had also requested that we discuss the enforcement of domestic civil judgements within the P.R.C. to ensure that the Hong Kong issue could be raised without difficulty. Mr. Zhang proved to be knowledgeable on this subject and outlined the way in which the court would like to see the issue resolved. In this note I have set out some relevant information regarding the service of legal documents and the enforcement of judgements within the P.R.C. and have also made a recommendation regarding further contact with the Supreme People's Court on this issue.

I. Service

1.

According to the Civil Procedure Law of the P.R.C. (the "CPL") service of litigation related documents within the P.R.C. may be effected by personal service, registered postal delivery or, in exceptional circumstances, by public announcement. In China the service of documents, including notice to a defendant of the plaintiff's claim, is primarily the responsibility of the courts. The parties to an action may however arrange to serve documents that are related to the lawsuit but which are not official court documents.

2.

If it is necessary to serve a party outside the P.R.C., Hong Kong, Macao or Taiwan, the CPL authorizes the following methods of service:

a) service through foreign diplomatic channels; b) service through Chinese diplomatic missions

abroad;

c) service by post if permitted by the place of

service;

d) entrustment of service to a court of the place of

service;

e) service through the party's legal representative

in the P.R.C.;

and

f) service by public announcement.

( S7

178

G.F. 73 C

CONFIDENTIAL #