CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 11
OF 030946Z JANUARY 91.
CONFIDENTIAL
HEH HKC 370/2
RECEIVE
RY
0 8 JAN 1991
fa hu
外
on fexen
056433
MDLIAN 7975
INFO PRIORITY PEKING, UKREP JLG HONG KONG
7 HKC 370/3 1990
TOP COPY
Q DIST ?/
YOUR TELEGRAM NO. 2393 OF 1990: LOCALISATION OF LAWS ON
ARBITRATION.
1. MIFT CONTAINS THE DRAFT CONSULTATION PAPER FORESHADOWED IN PARA 3 OF OUR TELEGRAM NO. 3629 OF 1990.
2. THE DRAFT AIMS TO FORM THE BASIS FOR CONSULTATION WITH THE CHINESE ON THE LOCALISATION OF THE ARBITRATION (INTERNATIONAL DISPUTES) ACT 1966 AS EXTENDED TO HONG KONG BY S.I. 1967 NO. 159.
3. THE FOLLOWING CHANGES ARE MADE IN THE LOCALISED LEGISLATION:
(A) S. 1(3) OF THE 1966 ACT AS MODIFIED BY THE 1967 ORDER IS NOT REPRODUCED AS THERE IS IN HONG A PRACTICE DIRECTION GOVERNING THE MAKING OF CLAIMS FOR AND THE ENFORCEMENT OF JUDGEMENTS IN FOREIGN CURRENCIES.
(B) S. 3(1)(B) THE 1966 ACT AS SUBSTITUTED BY PARAGRAPH 4 OF SCHEDULE 2 TO THE 1967 ORDER MAKES REFERENCE TO THE FOREIGN TRIBUNALS EVIDENCE ACT 1856. IT IS NOT REPRODUCED AS THE 1856 ACT WAS REPEALED BY THE HONG KONG (EVIDENCE) ORDER 1977 BECAUSE EQUIVALENT PROVISIONS WERE ENACTED BY THE EVIDENCE (AMENDMENT) ORDINANCE 1977.
(C) THE CHIEF JUSTICE, INSTEAD OF THE GOVERNOR AS STATED IN PARAGRAPH 4 OF SCHEDULE 2 TO THE 1967 ORDER, IS AUTHORISED TO MAKE ORDERS IN RESPECT OF THE CONDUCT OF PROCEEDINGS, WITNESSES, ETC. THIS IS NOT A SUBSTANTIVE CHANGE FROM THE UK LEGISLATION SINCE THE 1966 ACT ITSELF GIVES POWER TO A JUDICIAL OFFICIAL (THE LORD CHANCELLOR): AND THE REFERENCE TO ''GOVERNOR'' IN THE 1967 ORDER WAS INSERTED MERELY BY WAY OF GENERAL APPLICATION TO THE VARIOUS DEPENDENT TERRITORIES COVERED BY THE ORDER. UNDER HONG KONG LAW ORDERS DEALING WITH THE PROCEDURES OF THE SUPREME COURT ARE MADE EITHER BY THE CHIEF JUSTICE OR A RULES COMMITTEE PRESIDED OVER BY THE CHIEF JUSTICE. IT IS APPROPRIATE THEREFORE THAT THE LOCALISING LEGISLATION SPECIFY THE CHIEF JUSTICE AS THE
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