TNAG-2574-FCO40-3760-Future-of-Hong-Kong-reciprocal-enforcement-of-civil-judgment-1992 — Page 7

THE PROPOSAL

10.

The British

5

side

propose that, to meet these

practical needs, Hong Kong, under authorisation from the

United Kingdom and on the basis of a model agreement to be

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.