TNAG-2879-FCO40-4151-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 150

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CONFIDENTIAL

file (18

Foreign & Commonwealth

Office

Date: 4 June 1993

HKC 370/9

7 JUN 1993

RECEIVED IN REGISTRY

London SWIA 2AH

Telephone: 071-

DESK OFFIC

INDEX

REGISTRY PA Action Taken

270-2647

Mr Gladwell

Lord Chancellor's Department Southside

105 Victoria Street

Dear

Mr Gladwell,

RECIPROCAL ENFORCEMENT OF JUDGEMENTS AGREEMENTS BETWEEN THE UK AND HONG KONG AFTER 1997

1. Hong Kong will, on 1 July 1997, cease to be a dependent territory of the United Kingdom and will become a Special Administrative Region (SAR) of the People's Republic of China. The agreement relating to the transfer of sovereignty, the Joint Declaration, allows for the continuation of all the international rights and obligations currently enjoyed by Hong Kong, as agreed between the UK and PRC Governments. I enclose a copy.

2.

Hong Kong's international relations are the responsibility of the United Kingdom and so Hong Kong has not entered into treaties of its own but has relied on the application to it of the UK's treaties or of Commonwealth arrangements. Their application to Hong Kong will be unable to survive the transfer of sovereignty. We have therefore proposed to the Chinese authorities, that Hong Kong should negotiate its own Reciprocal Enforcement of Judgement treaties, based on an agreed model, under entrustment from the UK. I enclose a copy of the model treaty (on which the Lord Chancellor's Department have been consulted). After each treaty is initialled we will then seek agreement from the Chinese side that the treaty can continue in force after 1997. would then signed by the Hong Kong Government.

3.

The treaty

Unfortunately, such treaties cannot be put into place

before 1997 in the case of the United Kingdom, since

one part of the territory of the UK cannot enter into legally binding agreements with another part of that territory.

CONFIDENTIAL

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