TNAG-2574-FCO40-3760-Future-of-Hong-Kong-reciprocal-enforcement-of-civil-judgment-1992 — Page 42

CONFIDENTIAL

THE PROPOSAL

機密

10.

practical needs, Hong Kong,

The British

side

that, propose

to

meet these

under authorisation from the

and on the basis of a model agreement to be

United Kingdom

agreed

with the Chinese side, should negotiate and conclude

with

selected

countries

bilateral

agreements

on the

enforcement of civil judgments that will continue to apply

after 1997.

The MODEL AGREEMENT

11.

accepted

The draft Model Agreement (at Annex) is based on

international principles

and draws

heavily

on

provisions currently implemented in Hong Kong under local

legislation,

Its objectives are to

(a)

provide for direct enforcement;

(b)

ensure

that

applications

will be

entertained in

a

predictable, simple and

speedy manner;

to be made to a judgment

(c)

enable

challenge

which

has

been

obtained

in

an

unsatisfactory

manner or is, for specified

reasons, in itself unacceptable.

GF 323

CONFIDENTIAL ##