TNAG-2574-FCO40-3760-Future-of-Hong-Kong-reciprocal-enforcement-of-civil-judgment-1992 — Page 33

Mr Marshall

HKD

From:

ра

Miss S Brooks

Legal Counsellor

: Hkc 370/18

Date:

23 November 1992

PECEIV

TRY

1992

HONG KONG: RECIPROCAL ENFORCEMENT OF CIVIL JUDGEMENTS WITH THIRD COUNTRIES: JLG XXV

1.

Đ

Thank you for your minute of 18 November. I have only two comments to make on the draft consultation paper for the Chinese and the draft Model Agreement. These are set out below.

9

2.

a) In the draft consultation paper, paragraph 8 I 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.

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.

b) 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, paragraph 4 (a) touches on this. Hong Kong Government may wish to amend the agreement to provide for an express provision.

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.

Shelagh Brooks

Shelagh Brooks