TNAG-2331-FCO40-3390-Reciprocal-judicial-assistance-between-Hong-Kong-and-China-c-1991 — Page 16

CONFIDENTIAL

Jian) on a Legal Studies visit last November, that the Chinese

side raised the question of enforcement of civil judgments in

Hong Kong. In the PRC it is the court of first instance which

has the principal responsibility for enforcing domestic civil judgments: "legally effective judgments, orders, and mediation

agreements in civil cases, as well as judgments that relate to

property in criminal cases, shall be executed by the people's

court that tried the case in the first instance" (Art. 161), and "the execution shall be carried out by the executor or the court

clerk; important execution measures shall be carried out with the

participation of the judicial police" (Art. 163). Moreover, "If a

person or property subject to execution is in another locality,

Clic Peuple s court in that locality may be entrusted with

enforcement of the execution" (Art. 165). This last provision

has proved especially troublesome. The interest of the MOJ

delegation seemed to be to learn more about our methods so that

they could improve enforcement within the PRC. They made no

meullen of eloner une enforcement of foreign judgments or mutual

judicial assistance in this area.

7.

Another aloriculty is the possibility that in re-

opening this matter with the PRC at this particular juncture we

convey unintended messages to the legal authorities there. There

is the important consideration of avoiding the creation of

opportunities which would enable the PRC to bring in questions of

wwuperation in criminal matters. We also do not wish the PRC to rush us into reaching a comprehensive and formal agreement

on mutual assistance in civil matters. To these reservations

should be added the problem of the shift in relations between the

Communist Party and the judiciary since 4 June 1989. Thus, on the

1 January 1990 The President of the Supreme People's Court, Ren

Jianxin, addressed the 15th. National Judicial Conference with

tlicse words:

The Chinese Communist Party is the steadfast

CONFIDENTIAL