TNAG-2162-FCO40-3093-Legal-matters-between-Hong-Kong-and-China-1990 — Page 6

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

HKC370/2

RECEIVE

INDLA

RESTRICTED

02 JAN 1991

TRY

RISTR

Action Taker

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036632

MDLIAN 6377

By Majal

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RESTRICTED

FM HONG KONG

TO PRIORITY FCO

TELNO 3788

OF 20085OZ DECEMBER 90

INFO ROUTINE UKREP JLG HONG KONG, PEKING

YRTELNO 2405 AND PEKING TELNO 1775: RECIPROCAL JUDICIAL ASSISTANCE IN CIVIL AND COMMERCIAL MATTERS: ARRANGEMENTS BETWEEN HONG KONG AND FOREIGN COUNTRIES

1. WE ARE STILL REVIEWING THE VARIOUS MULTILATERAL AND BILATERAL AGREEMENTS IN THIS AREA WHICH ARE INCLUDED ON THE LISTS HANDED OVER TO THE CHINESE. AS YET, WE HAVE DRAWN NO FIRM CONCLUSIONS AS TO WHEN THEY SHOULD BE DISCUSSED IN THE IRO SUB-GROUP BUT WE DO NOT ENVISAGE BEING ABLE TO START WITHIN THE NEXT 12 MONTHS. AS YOU KNOW, WE HAVE JUST STARTED DISCUSSING CUSTOMS CONVENTIONS AND WILL THEREAFTER MOVE ONTO THOSE MULTILATERALS FALLING WITHIN THE CATEGORIES OF CONSERVATION, HEALTH AND TRADE (GENERAL). WE THINK IT WISE NOT TO BANK ON RAPID PROGRESS AND DO NOT EXPECT THIS SUBJECT TO BE READY FOR DISCUSSION FOR SOME TIME YET. UKREP JLG AGREES.

2. OUR VERY PRELIMINARY IMPRESSION IS THAT RECIPROCAL ENFORCEMENT OF JUDGEMENTS WILL HAVE TO BE NEGOTIATED BILATERALLY BY HK WITH OUR MAIN CUSTOMER COUNTRIES. THERE ARE NO MULTILATERAL CONVENTIONS ON THIS SUBJECT EXTENDED TO HONG KONG AND WE DOUBT WHETHER EXISTING UK BILATERALS WOULD BE SUITABLE FOR CONTINUING

IN EFFECT AFTER 1997 EVEN IF THIS WAS NEGOTIABLE WITH THE CHINESE (WHICH WE DOUBT). SO FAR AS SERVICE OF PROCESS AND TAKING OF EVIDENCE ABOARD IS CONCERNED, HOWEVER, WE BELIEVE WE MIGHT BE ABLE TO MANAGE WITH THE TWO RELEVANT HAGUE MULTILATERAL CONVENTIONS AFTER 1997. BUT WE ARE LOOKING AT THE VARIOUS UK BILATERAL CIVIL PROCEDURE CONVENTIONS EXTENDED TO HONG KONG TO MAKE SURE THERE IS NOTHING SIGNIFICANT IN THEM WHICH WOULD BE LOST

IF THEY WERE ALLOWED TO LAPSE.

3. WE SHALL REPLY SEPARATELY TO YRTELNO 2406.

WILSON

YYYY

1

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