TNAG-2576-FCO40-3763-Legal-and-procedural-arrangements-between-Hong-Kong-and-Chin-1992 — Page 3

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7

Legal and Procedural Arrangements

between Hong Kong and the People's Republic of China in Civil and Commercial Matters

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188hund CAB

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December In

1991, following

from approaches

the

legal and business communities in Hong Kong, a working party

in Hong Kong to consider what arrangements

was

established

between Hong Kong and the People's Republic of China (PRC)

should be put in place before 1997 (that could continue after

that date) for legal and procedural cooperation in civil and

commercial matters.

2.

The Working

Law),

Party, chaired by the

Officer

whose members included a High Court

Law

(International

Judge

and

lawyers from both Government and the private

sector, reported on 13 October 1992. A copy of their report

is attached to this consultation paper. The Working Party's

recommendations, which the British side believes as being

practical and sensible, are summarised at pages 4 to 9 of the

Report. Amongst the most important one's are:-

(i) Reciprocal Enforcement of Arbitration Awards

At

present

arbitration awards

made in Hong Kong

can be enforced in the PRC and vice versa because

both the PRC and the UK are parties to the 1958

New York

Convention,

and the UK has extended the

Convention

to

Hong Kong.

The Convention will not

HKC

374/1

8.8.