TNAG-2303-FCO40-3332-Hong-Kong-International-Rights-and-Obligations-(IRO)-Sub-Gro-1991 — Page 98

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制事務司

布政司署

香港下亞厘畢道

Our Ref : CAB B1/6/2/4

Shaun Riordan, Esq.,

CONFIDENTIAL

Foreign and Commonwealth officer

Hong Kong Department,

Whitehall,

SW1A 2AH

9 ®

Secretary for Constitutional Affairs GOVERNMENT SECRETARIAT,

LOWER ALBERT ROAD, HONG XONG,

16 September 1991

HKC031/23

R&R pts

Cam

Dear Skan

Multilateral Treaties Private International Law (PIL)

Thank

you

for advising

Us that

ΠΟ

have you comments on the five draft papers on the above subject (your telno 1660 refers). As you know, we have also been preparing draft papers on the remaining four PIL treaties. They are now enclosed for your early comments, please.

YOU will note that we have kept the first paper on the Hague Convention on the Law of Trusts fairly short as the Chinese side had already been consulted in 1989 on the Convention under the agreed guidelines. We understand that the Convention was ratified by the UK on 17 November 1989 and was extended to Hong Kong on 30 March 1990 but do not have the relevant record. Grateful if you could furnish us with the necessary documents, which are Annexes 'A' and 'D' to the paper.

As regards the second paper, we have chosen to combine all three instruments (i.e. the New York Convention and the Geneva Protocol and Convention) in one paper to avoid the substantial repetition which would otherwise be involved. We understand that the New York Convention has

superseded the Geneva largely

Protocol and Geneva Convention as between parties to the New York Convention and has been widely accepted. As we are proposing that all three instruments should continue to apply to Hong Kong after 1997, it would be useful, for defensive purposes, if we could have an up-to-date list of those countries which are covered by either of the Geneva instruments but which are not parties to the New York Convention. We should be most grateful if you would let us have such a list.

c.c. APCC (IL)

D of Admin

yous ever Coureye's

(Miss Carol Yip )

for Secretary for Constitutional Affairs

(Attn: Ms J. Foakes)

(Attn: Miss Rikkie Au)

CONFIDENTIAL