TNAG-2334-FCO40-3397-Future-of-Hong-Kong-Crown-Proceedings-Ordinance-1991 — Page 31

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MORE QUICKLY.

(B) AS POINTED OUT IN PARA 1 OF OUR SECOND TUR, WE WOULD BE PREPARED TO ACCEPT ON A RECIPROCAL BASIS THAT THE CROWN IN RIGHT OF HONG KONG (HKG) SHOULD BE AMENABLE TO THE JURISDICTION OF THE COURTS IN THE UK FOR ACTS OF HKG AFFECTING UK.

(C) THE AMENDMENTS TO THE CROWN PROCEEDINGS ORDINANCE (CAP.300) THAT WOULD BE REQUIRED IN ORDER TO IMPLEMENT OUR PROPOSAL ARE LIKELY ONLY TO BE FEW: AND MAY POSSIBLY BE LIMITED TO SECTIONS 8(6), 34(2) AND 34 (3) OF THE ORDINANCE.

(D) WE BELIEVE (PARA 3 OF THIRD TUR REFERS) THAT THE SPECIAL NATURE OF HONG KONG'S CASE WOULD JUSTIFY PROCEEDING WITH SUCH AMENDMENTS WITHOUT NEEDING TO CONSIDER IN PARALLEL ALL OTHER DEPENDENT TERRITORIES. A WIDE CONSULTATION OF ALL DEPENDENT /TERRITORIES WOULD POTENTIALLY CAUSE ENORMOUS DELAY.

2. WE ARE HOPING TO FINALISE OUR PAPER ON THE LAW AND THE GARRISON SOON. WE SHOULD LIKE TO MENTION IN IT THE SHORTCOMINGS OF THE PRESENT ARRANGEMENTS AND OUR PLANS TO REMEDY THEM. WE WOULD NOT BE ABLE TO DO THIS UNTIL WE HAVE AGREEMENT, AT LEAST IN PRINCIPLE, FROM YOU THAT THE PROPOSED AMENDMENT TO CAP.300 IS ACCEPTABLE.

3. I HOPE YOU FIND THIS FURTHER CLARIFICATION OF THE POSITION HELPFUL IN TAKING MATTERS FORWARD AT YOUR END.

SIGNED R C WILSON

(pretty unlikely zens?)

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