TNAG-2879-FCO40-4151-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 15

CE Garrett

Hong Kong Department

FCO

King Charles Street LONDON

SW1A 2AH

071-215 6904

Direct line

Our ref

p.a. 370/9

370

RECEN

CTRY

L7 DEC 1993

FX

CISTRY Lion Taken

82

Department of Trade and Industry

Ashdown House

123 Victoria Street

London SW1E 6RB

Enquiries

071-215 5000

Telex 8813148 DIHQ G

Fax 071-828 3258

Your ref

Date

6 December 1993

Dear Mr. Garrell

AGREEMENTS BETWEEN THE UK AND HONG KONG AFTER 1997

Thank you for copying to Anna Godwin your letter of 22 November and the draft Mutual Legal Assistance (MLA) and Reciprocal Enforcement of Judgements (REJ) treaties. I must apologise for taking so long to reply to your minute, but I hope my limited comments will be useful.

We are content with the draft MLAT, which includes most of the points that we were concerned to make in the recent UK/US MLAT negotiations. Our solicitor has, however, suggested one small amendment to Article IV(1)(f): that it would be better to broaden the scope of the essential interest limitation on assistance by replacing "would seriously impair its essential interests" with "would impair its essential interests". This is a small point, but it is better to remove possible misunderstandings, such as the meaning of "serious", from the treaty.

We are also generally content with the draft REJ, and with Shelagh Brooks' draft negotiating brief. I have shown this treaty to The Insolvency Service who agree with Miss Brooks, that the Treaty should exclude all the insolvency procedures under the Insolvency Act 1986 (and, presumably, any insolvency administration order made under the provisions of the Administration of Insolvent Estates of Deceased Persons Order 1986) rather than just bankruptcy and winding up. The Insolvency Service agrees with Miss Brooks' suggestion that this could be achieved by a single reference in Article " to "insolvency".

I must once again apologise for the delay in replying to your letter. I am copying this reply to Miss Brooks.

Yours sincerey Richard Jay-

Richard Jacques

North America Trade Policy Unit

dti

the department for Enterprise

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