TNAG-2331-FCO40-3390-Reciprocal-judicial-assistance-between-Hong-Kong-and-China-c-1991 — Page 8

CONFIDENTIAL

2 -

are taking some very informal soundings to see what sort of arrangements might be welcomed in Hong Kong, particularly among the business community.

5.

There are of course some aspects of this which will need pretty careful thought. Talking to the Chinese about cooperation in civil and commercial legal matters will lead on very naturally to discussion of criminal matters, which are obviously much more sensitive. In addition, any arrangements made will obviously have to be reciprocal. I can see that people might like to be able to enforce the judgements of Hong Kong courts in China. I am less sure what they would think about enforcing the judgements of chinese courts in Hong Kong!

But

CC.

PA

LO (IL)

PS/Govt. House

سلا

Conting

luny

AC Galsworthy

.0.

VP Ricketts Esq, Hong Kong Dept

$

Governor

CONFIDENTIAL

Arrangements between Hong Kong and China in Civil and Commercial Legal Matters

6

can

been

For

LO(IL) and 1 have, ΖΩ recent months, approached by a member of the Judiciary and by the Legal Adviser to the Hongkong Bank asking us what arrangements

the between Hong Kong and

be PRC will in place before 1997 chat

continue in force

that date) force after

and

in legal

have What they procedural cooperation.

enforcement the following: mind principally are

in the PRC of civil judgments, arbitration awards and maintenance orders made in Hong Kong (and Vice versa), taking oË evidence and service of documents, and the recognition

validity The

court certain types of

orders (e.g. (e.g. divorce and legal separations) and legal documents wills). I should emphasise that these are all matterS ia the civil and commercial law area. Cooperation with other criminal China

matters (e.g. extradition and kinds of mutual criminal legal assistance)

being considered separately.

of

OF

The international aspects

legal commercial

ateral

is

to which

the JK to Hong

of all chese Civil

and

matters are currently regulated

treaties and multilateral by b

UK and which have been applied by the ace party Kong. So far as countries other than China are concerned, chose matterS will be covered after 1997 either by the

multilateral Conventions continuing

in effect

relevant

its

13

the agreement of China) or by Hong Kong going out

with negotiating

bilateral agreements Own countries. All this work is being pursued either in the IRC

The Sub-group of is beginning to make reasonable progress.

Customer

and

201

3

by

3.

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117

relations

between

the

or

we

need

Mainland

and

This leaves open the question of what

place Hong Kong in those areas I have mentioned in paragraph = The question as to what subjects we need to cover and the way in which We should deal with them give rise to some difficult legal and technical questions.

above.

4.

up

a

10(12) and I belleve that the best way co come

would be for me to right answers

establish

the With small questions

working party which would be asked to study the and to make recommendations to me. The private

the by

nere

(as

advised

legal profession)

has

/ a direct interest

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