TNAG-2574-FCO40-3760-Future-of-Hong-Kong-reciprocal-enforcement-of-civil-judgment-1992 — Page 31

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 1654

OF 241031Z NOVEMBER 92

нкс

CONFIDENTIAL

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370/187

TOP COPY Q DIST?

INFO PRIORITY PEKING, UKREP JLG HONG KONG

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100716

MDHOAN 4713

pa

YOUR TELNO 2687: RECIPROCAL ENFORCEMENT OF CIVIL JUDGEMENTS WITH THIRD COUNTRIES: JLG XXV

We have two comments to make on the draft consultation paper and the draft model agreement.

1.

2. Firstly, in para 8 of the draft consultation paper we suggest revising the second sentence as follows: delete the words ''provide the necessary basis on which appropriate arrangements can be made with relevant countries'' and substitute ''envisage the making of such arrangements with relevant countries after 1997.!!

3. The reason for this proposed change is that the first sentence is about Hong Kong entering into reciprocal arrangements with other jurisdictions beginning before 1997. Since both the Joint Declaration (Annex 1, Section 3) and the Basic Law (Article 96) operate only with effect from 1 July 1997, it is incorrect to describe these provisions as providing the necessary basis on which appropriate arrangements can be made with relevant countries before 1997.

4.

Secondly, articles 3 and 4 are about the conditions for enforcement, and method and extent of enforcement respectively. However there does not appear to be any provision which actually provides that a judgement which has been registered may be enforced, although Article 4 para 4(a) touches on this.

You may wish to amend the agreement to provide for an express provision.

5.

We will need to prepare an entrustment before Hong Kong Government can negotiate any reciprocal enforcement agreements. Since the Chinese have not examined or approved the model text, the entrustment is not yet needed.

HURD

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