TNAG-2879-FCO40-4151-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 33

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service Hong Kong would be likely to impose on us. pointed out that this provision echoes Article VI (2)

Mr Mash

Paragraph (5) - Mrs Evans thought this provision would hamper us, as "a person" in line 1 would appear to include the defendant! She also commented that this provision is wider than Article 8 of the European Convention regarding witnesses. She thought that this should not, however, be a problem, as Section (2) of the 1990 Act covers witnesses.

At the negotiations

Paragraph (1)

-

Suggest replacing the latter half of XII(1) with "any subpoena or any other process requiring the appearance of any person as a witness or defendant before a tribunal in the territory of the Requesting Party which is transmitted to it for purposes of service."

Paragraph (2) response".

-

Ask the Hong Kong delegation to clarify "a

Paragraph (3) - Ask the Hong Kong delegation to clarify whether they intend this paragraph to include convictions in respect of a sentence which is still outstanding. Ask if they really would expect us to provide a complete criminal cv.

Ask Hong Kong delegation whom "the person to

be served" is intended to cover here.

Paragraph (4) - Negotiate the replacement of "return" by "provide" in line 2. - Ask HK delegation what sort of requirements they may place on us.

J

(5) Ask HK delegation whom they intend to be covered by "a person" in line 1.

6. Article XIII

Paragraph (1) - Mrs Evans asked if this covered Inland Revenue material. Consensus reached on a preferred version of "publicly available documents" in line 2 as follows:

"the following documents in the territory of the Requested Party:

<<

public records

publically available judicial records"

Paragraph (2) Mrs Evans noted that "may" confers no obligation. But as some Government departments unlikely to provide such documents (Home Office policy not to release file documents without a court order), better to stress this to HK by the addition of "at its discretion" after "may".

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