TNAG-2331-FCO40-3390-Reciprocal-judicial-assistance-between-Hong-Kong-and-China-c-1991 — Page 4

CODE 18-77

Separate copies:

Miss Wilmshurst, Legal Advisers Mr Harkin, HKD

Mr Bousfield, NTCD

Reference

HKC 370/5?

UK-CHINA MUTUAL JUDICIAL ASSISTANCE AGREEMENT

1. Please see the attached self-explanatory draft teleletter to Peking on the possible resumption of work on the proposed UK-China Mutual Judicial Assistance Agreement. I should be grateful for any comments you have at this stage, before I seek Posts' views. As I indicate in the draft, I do not see a need to revive work because of any symbolic political value on agreement might have - rather the reverse, in that we shall have to consider carefully the political implications of concluding an agreement with the Chinese in this field, given the obvious failings of the Chinese legal system.

2. In particular I should be grateful for any comments you may have on the implications of such an agreement for dealings in this area between the UK and Hong Kong, and Hong Kong and China respectively.

3.

Once we have received Posts' views we may need to meet the Lord Chancellor's Department to discuss the way forward.

otifenlin

A J Seaton

Far Eastern Department

WH236

270 2953

28 November 1991

AE2AAT

RESTRICTED

دم