TNAG-2576-FCO40-3763-Legal-and-procedural-arrangements-between-Hong-Kong-and-Chin-1992 — Page 20

CONFIDENTIAL

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AFTER 1997. ALTERNATIVELY, AN ARRANGEMENT (BY WAY OF AN MOU) EMBODYING HAGUE-STYLE PROVISIONS OPERATING BETWEEN HONG KONG AND THE PRC COURTS, AND CAPABLE OF SURVIVING 1997, SHOULD BE CONCLUDED AS SOON AS REASONABLY POSSIBLE.

(IV) RECIPROCAL ENFORCEMENT OF JUDGEMENTS: THAT APPROPRIATE ARRANGEMENTS FOR THE RECOGNITION AND ENFORCEMENT OF CIVIL AND COMMERCIAL JUDGEMENTS BETWEEN THE TWO JURISDICTIONS BE PUT IN PLACE. THE WORKING PARTY HAS PREPARED A DRAFT MOU EMBODYING THE

NECESSARY ARRANGEMENTS.

(V) MAINTENANCE ORDERS: THAT THE MAINTENANCE (RECIPROCAL ENFORCEMENT) ORDINANCE (CAP.188) BE EXTENDED TO INCLUDE THE PRC SO THAT MAINTENANCE ORDERS MADE IN HONG KONG COULD BE ENFORCED IN

THE PRC AND VICE VERSA.

(VI) 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.

(VII) 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 TWO SIDES.

(VIII) 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 ORGANISATIONS CONCERNED IN HONG KONG.

4.

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 (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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