TNAG-2303-FCO40-3332-Hong-Kong-International-Rights-and-Obligations-(IRO)-Sub-Gro-1991 — Page 115

COVERING CONFIDENTIAL

HKC031/23

9 September 1991

D Gladwell Esq

Lord Chancellor's Department

26-28 Old Queen Street

LONDON

SW1H 9HP

Foreign & Commonwealth

Office

London SWIA 2AH

Telephone: 071-

Dear Mr Gladwell

APPLICATION TO HONG KONG AFTER 1997 OF PRIVATE INTERNATIONAL LAW TREATIES

1. We spoke by telephone today. As I explained we are engaged in a process of consultation with the Chinese Government over which international rights and obligations (presently attached to the UK in respect of Hong Kong) should be inherited by China after 1997, and how this should be achieved.

2.

As a part of this exercise, we need to consult the Chinese on the continued application of various Private International Law treaties. The Hong Kong Government have prepared a series of five papers (copies enclosed) for this purpose which they are keen to hand over to the Chinese as soon as possible. The five treaties in question are:

(a) Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (Hague 1961);

(b) Convention on the Conflicts of Laws relating to the form of Testamentary Dispositions (Hague 1961);

(c) Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague

1965);

(d) Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (Hague 1970); and

(e) Convention on the Recognition of Divorces and Legal Separations (Hague 1970).

Each paper

3. You very kindly agreed to read through these. contains a paragraph entitled "Proposals" which sets out the way in which we foresee the rights and obligations arising from the treaties passing to the Chinese Government: this is a standard paragraph. I should be very grateful for any

CYMAJC

CC

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