CONFIDENTIAL
Foreign and Commonwealth Office
London SW1A 2AH
30 September 1991
A Sindall Esq
British High Commissioner BANDAR SERI BEGAWAN
In Arian
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FAR 370/1
BRUNEI: HONG KONG JUDGES
1. Please refer to Roger Westbrook's letter of 13 March 1991 in which he asked us to consult Legal Advisers on how to terminate the 1979 arrangements for providing Hong Kong judges for the Brunei High Court. Our Legal Advisers have at last replied, with apologies for the inordinate delay.
2. The 1979 Exchange of Notes was an informal arrangement, rather than a binding treaty. It can therefore be amended by an informal exchange of letters. The new letter might refer to the 1979 Exchange and say that the arrangements set out in paragraph 1 of our Note will cease to have effect as from the relevant date. It could go on to set out the agreement described in paragraph 5 of Roger Westbrook's letter. In fact, the arrangement set out in the 1979 Exchange of Notes was altered in 1987 when Sir Denis Roberts retired as Chief Justice of Brunei on a contract basis. No amendments to the Exchange of Notes was thought necessary for that particular change although it was thought that modification would be needed if all arrangements affecting Hong Kong were to be terminated.
3. Our Legal Advisers suggest that in due course you let them have details of the arrangements to replace the present system.
More, ever
مت
DH Colvin
South East Asian Department
cc:
Sir David Wilson, Governor, Hong Kong Mr M Eaton, Legal Advisers
DC1AAX
CONFIDENTIAL
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