TNAG-2334-FCO40-3397-Future-of-Hong-Kong-Crown-Proceedings-Ordinance-1991 — Page 30

:

CONFIDENTIAL

HKB 011/3

RECIP

JUNO

151452

MDTTAN 5627

CONFIDENTIAL

FM HONG KONG

TO TELELETTER FCO

TELELETTER NFR

OF 16080OZ NOVEMBER 88

IN:

Л

аё

FROM R C WILSON, GENERAL DUTIES BRANCH, HKG FOLLOWING FOR CT WOOD ESQ., HKD, FCO

COPIED TO CO PIGOTT ESQ

EMBASSY PEKING

D G MARTIN ESQ., UKREP JLG HK

(499)

198

YOUR TELNO 1742 AND OUR TELNOS 1265 AND 2249:

A

18/11

my Footman.

N

17/11

CROWN PROCEEDINGS ORDINANCE

i.cc Dur Edwards, Legal Advies

+ myself.

4437

2. PA

N

1710

OUR EXCHANGES ON THIS REST WITH YOUR TUR IN WHICH YOU UNDERTOOK

TO CONSULT WITHIN THE FCO ON OUR PROPOSAL TO MAKE THE CROWN IN

RIGHT OF THE UK (HMG) AMENABLE TO THE JURISDICTION OF HONG KONG COURTS. WE HAVE SINCE HAD THE OPPORTUNITY TO DISCUSS THIS

COMPLEX QUESTION HERE WITH DAVID EDWARDS. HE SUGGESTED IT MIGHT

HELP IF WE SPELT OUT MORE SPECIFICALLY OUR PROPOSAL AND ITS

IMPLICATIONS. I ATTEMPT TO DO THIS BELOW

-

(A) FOR REASONS SET OUT IN OUR TURS, WE NEED YOUR AGREEMENT, IN PRINCIPLE, TO OUR AMENDING THE CROWN PROCEEDINGS ORDINANCE (CAP. 300) SO THAT IT WILL BE POSSIBLE FOR PLAINTIFFS TO SUE

HMG IN HONG KONG'S COURTS INSTEAD OF BEING FACED WITH THE

ENORMOUS BURDEN OF BRINGING PROCEEDINGS IN THE UK. WE SEEK

ONLY TO HAVE REMOVED THE IMMUNITY FROM LOCAL (HK) JURISDICTION

THAT IS AFFORDED TO HMG BY CAP. 300. NO OTHER RESTRICTIONS THAT MAY PREVENT A CASE FROM BEING HEARD IN HK'S COURTS WOULD

BE AFFECTED, SO THAT IT WOULD STILL NOT BE POSSIBLE TO BRING

A CASE AGAINST HMG HERE IF THE CASE INVOLVED EVENTS WHICH HAD

NO CONNECTION WITH HONG KONG. IN PRACICE WHAT WE PROPOSE IS

LIKELY ONLY TO AFFECT HMG IN CASES INVOLVING ITS AGENTS REGULARLY

DEALING WITH HONG KONG I E HM FORCES, THE BTC, THE PSA OF THE DEPT. OF ENVIRONMENT (WHICH WE UNDERSTAND MIGHT BE DUE FOR SOME

CHANGE AROUND 1992), THE OFFICE OF UKREP JLG, AND THE BRITISH

COUNCIL (SUBJECT TO YOUR CONFIRMATION THAT THIS IS AN AGENT OF HMG). IN THE LIGHT OF THE RESTRICTED SCOPE OF OUR PROPOSAL, IT SHOULD BE NECESSARY TO CONSULT ONLY THOSE UK DEPARTMENTS LIKELY TO BE DIRECTLY AFFECTED. BY LIMITING THE SCOPE OF YOUR WHITEHALL CONSULTATION IN THIS WAY WE MAY BE ABLE TO PROCEED

-

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1

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CONFIDENTIAL

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any dip style pairs + imms?

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