CONFIDENTIAL
XCX(92)59
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(f)
(e) Maintenance orders: that the Maintenance (Reciprocal Enforcement) Ordinance be extended to include the PRC so that maintenance orders made in Hong Kong could be enforced in the PRC and vice versa.
Mutual recognition of divorces, legal separations and ancillary relief in matrimonial proceedings: that efforts be made to establish a basis for the mutual recognition of divorces and legal separations between the two jurisdictions. Detailed suggestions are advanced as to how this could be achieved.
(g) Adoptions: that adoptions recognised by the courts of Hong Kong as valid should be recognised by the PRC and vice versa. However, adequate safeguards - perhaps modelled on the 1965 Hague Convention on Adoptions should be included in an MOU between the Chinese and British sides.
(h)
Mutual recognition of marriages: that the issue of mutual recognition of marriages between the two jurisdictions is important and requires further consideration in depth, following the provision of additional relevant material and information from the organizations concerned in Hong Kong.
The Working Party also considered in detail a number of other aspects of the Private International Law relationship between HK and the PRC, including bankruptcy and liquidation, negotiable instruments and wills and settlements. Their conclusions on these subjects were, broadly, that for the time being no action needs to (or in some cases could) be taken given the embryonic state of Chinese law. The Working Party recommends that these problems be kept under review, however.
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We consider that these are important matters and that they should be taken forward as soon as possible. We should like to launch the subject with the Chinese side at JLG XXV due to be held in Hong Kong on 8-10 December 1992.
Executive Council
No comments yet.
Private notes are available after approval.