TNAG-2879-FCO40-4151-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 124

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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LORD CHANCELLOR'S DEPARTMENT

SOUTHSIDE

105 VICTORIA STREET

LONDON SW1E 6QT

(34

Telephone 071 210

2201

Fax 071 210 3460

Facsimile:

071 210 2181

CONFIDENTIAL

pe

UK/SARG

PF Ricketts Esq

Hong Kong Department

Foreign & Commonwealth Office

London

SW1A 2AH

Dear Ricketts,

30th July 1993

RECIPROCAL RECOGNITION AND ENFORCEMENT OF JUDGMENTS BETWEEN UK (AND OTHERS) AND HONG KONG AFTER 1997

18

I am sorry not to have replied sooner to your letter of 4th June to David Gladwell about arrangements for the reciprocal recognition and enforcement of judgments between Hong Kong and other countries after 1997.

I cannot pretend to have got right to the bottom of the questions which you ask in your letter, but I put forward below some tentative answers which you might like to think about before September.

Taking your last question first, I should be more than happy to take part in the negotiations in September but unfortunately I will not be available until the week beginning 13th September.

(i)

As to the other questions which you ask:

We would certainly want to ensure that UK and Hong Kong judgments should certainly be reciprocally enforceable after 1997. I am not sure however of the need for a new treaty for this purpose. As I understand it the Sino-British joint Declaration provides for all existing Hong Kong laws (with the exception of directly applicable Westminster imperial legislation) to continue in force in Hong Kong after 1997. The present reciprocal enforcement arrangements between the UK and Hong Kong rest simply upon legislation. On our side it is Part I of the Administration of Justice Act 1920 and on the Hong Kong side it is the Judgments (Facilities for Enforcement) Ordinance (cap.9). The same Hong Kong

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