TNAG-2334-FCO40-3397-Future-of-Hong-Kong-Crown-Proceedings-Ordinance-1991 — Page 12

* TRANSFERRED FROM HKC370/11 *

CONFIDENTIAL

11 June 1991

G Lester Esq

SEC (O) (C)

Ministry of Defence

Main Building

Whitehall

LONDON

HKC370/13

Foreign & Commonwealth

Office

London SW1A 2AH

Telephone: 071- 270 2655

attacked

Dear Cruy

HONG KONG: CROWN PROCEEDINGS ORDINANCE/CLAIMS AGAINST BRITISH FORCES

1.

Please refer to correspondence between our two departments in 1987 and 1988 (for ease of reference I attach David Hatcher's letter to Judith Slater of 8 September 1988, Miss Slater's letter to Mr Hatcher of 17 May 1988,

John Dickinson's letter to Robert Footman of 21 December 1987 and Mr Footman's letter to Mr Dickinson of 17 August 1987).

2.

2

I also attach two recent letters of 10 and 22 April from Hong Kong. I am currently consulting my own Legal Advisers about Hong Kong's renewed proposals. In the light of that advice, we shall assess whether it is worth proceeding with the amendments to the Crown Proceedings Ordinance at this stage. In the meantime, I should be grateful for your advice. on the two parts of the proposal as follows.

Implementation in Hong Kong of the Crown Proceedings (Armed Forces) Act 1987

3. Mr Hatcher described it as the MOD's main concern that the Hong Kong Crown Proceedings Ordinance should be brought into line with the provisions of the UK Crown Proceedings Act 1947, Section 10 of which was repealed by the 1987 Act. I assume that you still wish this amendment to go ahead and should be grateful for any comments you or your Legal Advisers have on Hong Kong's draft amendment.

Amendment to allow Hong Kong residents to sue the Crown/UK in Hong Kong

4. Mr Hatcher's most recent letter does not address this part of the proposal. Mr Dickinson's letter of

21 December 1987 states that "the MOD would be willing in principle to support a move to permit Hong Kong residents to sue us, provided we thereby obtain the right to sue them".

RIDALQ VAS

CONFIDENTIAL

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