TNAG-2331-FCO40-3390-Reciprocal-judicial-assistance-between-Hong-Kong-and-China-c-1991 — Page 5

RESTRICTED

ZCZC

RESTRICTED

FM FCO

TO TELELETTER PEKING

TELELETTER NO

OF 271200Z NOVEMBER 91

FOR:

D COATES ESQ, BE PEKING

TELELETTER

FROM: A SEATON, FED

,

(ORIGE) TO: S, BRADLEY ESQ, APA HONG KONG

LEGAL RELATIONS WITH CHINA: MUTUAL JUDICIAL ASSISTANCE

1.

Before the Tiananmen events preliminary discussions were

taking place with the Chinese on a possible mutual Judicial

Assistance Agreement (covering service of judicial documents, taking of evidence abroad, recognition and enforcement of civilŢ judgements etc). This was in line with growing pattern of legal

cooperation with China, More particularly it reflected increasing

demands from the commercial legal community who saw such an agreement as an important part of the framework for commercial dealings with China. France and Belgium, among others, have such agreement with the Chinese. The Lord Chancellor's Department had

started preliminary work on a draft Mútual Judicial Assistance,

Agreement. This work was suspended in June 1989. Political

sensitivities over cooperation with the Chinese judicial