TNAG-2303-FCO40-3332-Hong-Kong-International-Rights-and-Obligations-(IRO)-Sub-Gro-1991 — Page 132

CONFIDENTIAL ##

機密

Convention on the Taking of Evidence Abroad in Civil

or Commercial Matters (Hague 1970)

This

multilateral Convention, produced at the 11th

Session of the Hague Conference on Private International

Law,

is designed to facilitate the transmission and

It is concerned, in

execution of Letters of

Request.

particular, with requests to obtain evidence required for

commercial and civil judicial proceedings.

2.

A judicial

Each

authority of one Contracting Party may

issue a request in the form of a Letter of Request to the

competent authority in another to obtain evidence or to

perform some other judicial act (Article 1).

Contracting Party designates a Central Authority (and may

designate other authorities) to receive and transmit such

requests (Articles 2, 15-17 and 24). The authorities in

Hong Kong are the Chief Secretary and the Registrar of the

Supreme Court.

3.

The Convention contains provisions on the form and

contents of Letters of Request. It also covers matters

such as language, prompt response, compliance and execution

It identifies, in each case, the

applicable law on compellability and privileges in respect

required to give evidence (Articles 10 and 11)

(Articles

3-9).

of persons

and

the grounds

for

refusing

execution

(Article

12).

CONFIDENTIAL #2