TNAG-2491-FCO40-3623-Bilateral-agreements-between-Hong-Kong-and-other-countries-r-1992 — Page 12

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Mr Edwards

Mr Newall

Mr Harkin (FCO)

Ms Brooks (FCO)

COMMENTS ON

DRAFT MODEL AGREEMENT

Article Page of Draft

Comment

1

2

No comment

1(b)

3

No comment

1(c)

3

No comment

1(d)

3

1(e)

-

(h)

4

2

LO

5

Although your wording reflects the

Statute, the idea of "law of the

original court" incorporated in the

draft words "under the law of the

latter", is a bit strange. The court

applies the law it does not have one.

I would suggest "under the law of the

original court", instead of "under the

law of the latter".

No comment

No comment except query whether "lunacy"

is a little out of date. What about

"management of the affairs of a person

not capable of managing his own

affairs". This wording is from the

recent Canada/UK Convention. Further

should guardianship of infants be

expanded to include "custody"?

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