TNAG-2574-FCO40-3760-Future-of-Hong-Kong-reciprocal-enforcement-of-civil-judgment-1992 — Page 41

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CONFIDENTIAL ##

Continuation after 1997

7.

After

1997

will it

not be appropriate for Hong

Kong to

rely

bilateral

on the Commonwealth scheme, and the relevant

treaties of the United

Kingdom will no longer

apply.

Thus,

not only

are

present

international

arrangements

inadequate,

they

need to be recast in a form

suitable to continue in force after 1997.

Need for bilateral agreements

The best way to meet these needs is for Hong Kong

8.

to

enter into

jurisdictions.

Annex

reciprocal arrangements

with other

In this connection, both Section III of

and Article 96 of the

I to the Joint Declaration

Basic Law provide the necessary basis on which appropriate

arrangements

can

be made with relevant countries.

these reciprocal arrangements

Under

a

judgment obtained in one

jurisdiction could be registered in the other jurisdiction

In the

and then enforced as if it had been obtained there.

case of Hong Kong this would not involve any substantial

amendment to local legislation already in place, namely the

Reciprocal

(Cap 319).

Enforcement

of

Foreign Judgments

Ordinance

9.

It

is important that

reciprocal

arrangements

should be based on bilateral agreements so that compliance

and continuity

are guaranteed.

In

addition, because

bilateral

agreements would

be based on a Model Agreement

consistency would be assured.

CONFIDENTIAL #2

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