TNAG-2574-FCO40-3760-Future-of-Hong-Kong-reciprocal-enforcement-of-civil-judgment-1992 — Page 4

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

CONFIDENTIAL

XCX(92)58

People's Government, may make appropriate arrangements with foreign States for reciprocal juridical assistance after 30 June 1997. Under the agreed guidelines on consultation with the Chinese on new International Rights and Obligations, we are committed to consulting the Chinese side, through the channel of the Joint Liaison Group, on proposed new international agreements which are intended to bind the HKSAR.

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Hong Kong is already in the process of negotiating bilateral agreements with a number of relevant countries on the Surrender of Fugitive Offenders and Investment Promotion and Protection Agreements. We will shortly begin to negotiate bilateral agreements on Mutual Legal Assistance (criminal) with relevant countries, having just reached agreement with the Chinese side on the English text of a model agreement.

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We judge that the time is now ripe to introduce the subject of reciprocal enforcment of judgments into the Joint Liaison Group, with the aim of reaching agreement on a model agreement which will form the basis of subsequent negotiations.

FINANCIAL AND STAFFING IMPLICATIONS

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There are no immediate financial or staffing implications as consultation with the Chinese will be handled from within existing resources. When negotiations with individual countries begin, there may be some additional staffing and other costs but it is not practical to make an estimate at this stage.

PUBLIC REACTION

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General public reaction is likely to be favourable. The legal and business circles are also expected to welcome the proposals as contributing to maintaining Hong Kong's image as an international city.

PUBLICITY

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There will be no publicity, but a defensive line will be prepared to handle press enquiries, if any. No Legislative Council Brief will issue.

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