Reference
570/2
HKC370
-5 JUN 1990
SK OFFICE
From: Jill Barrett
Assistant Legal Adviser K166 270 3381
Date: 14 May 1990
GISTRY
PA
Action Takon
Letter out
3
ilver.
вишь
A
B
Ms Major
Hong Kong Department
fa HK / Maina
ENFORCEMENT OF HONG KONG CIVIL JUDGMENTS IN THE PRC
Legal
1. Further to para 4 of my minute to you on this subject of 3 May, it might be wise to draw the attention of Peking and HKG to DSP Consular Volume 3, Part 1, Chapter 5 on "Legal advice and statement of law" which sets out the procedure for responding to an official request from a foreign court or government for a statement on English law. If a request is received from the private party involved in the litigation or their solicitors, it should be declined, in accordance with DSP Consular Volume 5, Part 2, Chapter 3.5.1 on "Legal advice and involvement in private disputes". attach copies for your ease of reference.
I
2. While researching the Chinese law on enforcement of foreign judgments, I discovered the existence of an informal agreement between the Supreme Court of Hong Kong and the Guangdong Higher People's Court on mutual assistance for the service of procedural documents in civil and economic proceedings, concluded in 1988. Although it does not cover enforcement of judgments and therefore is of no relevance to the case we are presently dealing with, you may like to keep the attached copy on your files for future reference.
It enables a Hong Kong litigant wishing to serve a procedural document such as a writ on a defendant in Guangdong Province to do so directly without the need for diplomatic channels to be used. (In other words, it might save us work in future cases).
JM Barnett
Jill Barrett
CODE
18-77
KllAAO
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