TNAG-2303-FCO40-3332-Hong-Kong-International-Rights-and-Obligations-(IRO)-Sub-Gro-1991 — Page 128

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CONFIDENTIAL #B 機密

Convention on the Service Abroad of Judicial

and Extrajudicial Documents in Civil

or Commercial Matters (Hague 1965)

establishes a system designed to

This

Convention

simplify and expedite the

service

abroad of documents

connected with civil and commercial legal matters. Each

Contracting Party must

designate a Central Authority (and

may designate other authorities)

service from other Contracting

to receive requests for

Parties (Articles 2 and

Such requests must conform with the model annexed to

The Central Authority must

18).

the Convention (Article 3).

itself serve the document concerned or arrange for it to be

served by an appropriate agency.

effected

Such service can be

by a method prescribed under the relevant domestic

law, or by a particular method requested by the applicant,

unless the latter is incompatible with the law of the State

addressed (Article 5).

2.

Following service of a document, a certificate

(based on the form of the model annexed to the Convention)

is provided by the Central Authority (or its designated

This must state how service was effected. If

document has not been served, the certificate must set

authority).

the

out

the

certificate

reasons which have

must be

prevented service.

The

forwarded

directly to the applicant

(Article 6).

CONFIDENTIAL **

機密