TNAG-2743-FCO40-3958-Visits-by-Commonwealth-officials--ministers-and-public-figur-1993 — Page 99

GF 323

CONFIDENTIAL

機密

Annex E

Assistance Schemes between

Hong Kong and Other Commonwealth Jurisdictions

Commonwealth Fugitive Offenders Scheme

This scheme prescribes principles in relation to the return of a person from one part of the Commonwealth, in which that person is found, to another part where that person is accused or convicted of an offence.. Returnable offences are those which are punishable in both parts of the Commonwealth by a sentence of at least 12 months imprisonment. The advantage of the scheme is that it applies to many countries and therefore precludes the need for separate negotiations with individual countries. The scheme in fact operates on the basis of reciprocal domestic legislation in each part of the Commonwealth which has been prepared on the basis of principles set out in the Scheme. There is no alternative but to transform this scheme by bilateral arrangements made between HK and other countries which are capable of continuing after 1997. With the Chinese side's agreement on the model text of the bilateral agreement on Surrender of Fugitive Offenders, the Hong Kong Government has already started negotiations with relevant

countries.

Reciprocal Enforcement of Judgments

2.

The enforcement of civil and commercial judgments of foreign and Commonwealth countries is dealt with under the Foreign Judgments (Reciprocal Enforcement) Ordinance, Cap. 319. Judgments made in one Commonwealth country are enforced in

another Commonwealth country on the basis of reciprocity. In non-Commonwealth countries, judgments are enforced by virtue of United Kingdom bilateral agreements with those countries applied to Hong Kong. The existing reciprocal arrangements will have to be replaced by Hong Kong's own bilateral agreements with relevant countries. We are consulting the Chinese side in the JLG on a model agreement which will be used as a basis for future negotiations of bilateral agreements.

Grants of Administration in Deceased Estates

3.

Part

IV of the Probate and Administration Ordinance, Cap. 10, provides that where a court of probate in any

part of the Commonwealth has granted probate or letters of administration, these may, on production in Hong Kong, be sealed here. The effect of this is to enable the estate in Hong Kong to be distributed. We are considering whether this sealing arrangement should continue. The Commonwealth countries concerned will have to be consulted.

JL-161

CONFIDENTIAL ##