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Additionally the PRC would be very suspicious of any treaty negotiated between the present Hong Kong Government and the UK. They would assume that it had been negotiated under duress. Hong Kong have therefore suggested that we should proceed to negotiate treaties on the basis of the relevant model texts and then seek Chinese agreement that the Chief Executive of the SAR Government should be authorised to sign the treaties as soon as possible after 1 July 1997. Hong Kong propose to send a negotiating team to London (either this September or December) to negotiate the draft treaties.
4. I should be grateful for your views on the following points.
i) Whether you think there is a need for a UK/Hong Kong Reciprocal Enforcement of Judgements treaty after 1997.
ii) Whether you think there will be any major difficulties in negotiating on the basis of the Hong Kong model treaty, and what changes if any you would wish to see (bearing in mind that each change away from the model text will make it harder to secure Chinese agreement).
iii) Whether you think there will be any transitional difficulties concerning the transfer of sovereignty in respect of Hong Kong to China, with regard to the reciprocal enforcement of judgements and whether you think there are any other steps we might undertake to overcome them.
iv) Whether you are content with the proposal that there should be negotiations with Hong Kong this September. We hope that your department will agree to be represented on the UK negotiating team, to be led by an FCO Legal Adviser, for the relevant part of the talks.
5. If you have any further questions please contact Rod Bunten of this department on 270-2655.
You
PF Ricketts
Sincerely.
Hong Kong Department
Poker Richette
cc: Miss Brooks, Legal Counsellor
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