TNAG-2576-FCO40-3763-Legal-and-procedural-arrangements-between-Hong-Kong-and-Chin-1992 — Page 19

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CONFIDENTIAL

374/1 in Morhall

Mente Guak.

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 2635

OF 051108Z NOVEMBER 92

INFO ROUTINE PEKING, UKREP JLG HONG KONG

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024311

MDLIAN 3066

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TOP COPY GDIST?

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RLG XXV

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LEGAL AND PROCEDURAL ARRANGEMENTS BETWEEN HONG KONG AND CHINA IN CIVIL AND COMMERCIAL MATTERS

SUMMARY

YOUR CLEARANCE NEEDED FOR OUR INTRODUCTION OF THIS SUBJECT ONTO THE JLG AGENDA AT JLG XXV.

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DETAIL

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IN DECEMBER 1991, FOLLOWING APPROACHES FROM THE BUSINESS AND LEGAL COMMUNITIES, THE ATTORNEY GENERAL SET UP A WORKING PARTY UNDER THE CHAIRMANSHIP OF DAVID EDWARDS, LOCIL), TO CONSIDER WHAT ARRANGEMENTS BETWEEN HONG KONG AND CHINA SHOULD BE PUT IN PLACE BEFORE 1997 (THAT COULD CONTINUE AFTER THAT DATE) FOR LEGAL AND PROCEDURAL CO-OPERATION IN CIVIL AND COMMERCIAL MATTERS.

3. THE WORKING PARTY (WHOSE MEMBERSHIP INCLUDED A HIGH COURT JUDGE, SENIOR PRACTISING SOLICITORS AND BARRISTERS AND THE HONG KONG BANK GROUP LEGAL ADVISER) HAS NOW REPORTED (COPY BY BAG TO RICKETTS). THE MAIN RECOMMENDATIONS ARE:

(I) RECIPROCAL ENFORCEMENT OF ARBITRATION AWARDS: THAT THE CHINESE BE ASKED TO AGREE AS SOON AS POSSIBLE TO AN EXTENSION BEYOND 30 JUNE 1997 OF THE EXISTING ARRANGEMENTS UNDER THE 1958 NEW YORK CONVENTION.

(II) SERVICE OF DOCUMENTS: THAT THE EXISTING 1965 HAGUE CONVENTION SYSTEM FOR THE SERVICE OF JUDICIAL AND EXTRA-JUDICIAL DOCUMENTS AS IT PRESENTLY EXISTS BETWEEN HONG KONG AND THE PRC BE PRESERVED AFTER 30 JUNE 1997. THIS ARRANGEMENT SHOULD BE RECORDED IN A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CHINESE AND BRITISH SIDES.

(III) TAKING OF EVIDENCE: A PROPOSAL SHOULD BE MADE TO THE CHINESE SIDE THAT THE SUBSTANCE OF THE 1970 HAGUE CONVENTION WOULD BE A SOUND BASIS ON WHICH TO CONTINUE CO-OPERATION AS BETWEEN THE COURTS OF THE HKSAR AND THOSE OF THE REST OF THE PRC

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