TNAG-2879-FCO40-4151-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 76

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NEGOTIATION OF A UK/HKSAR AGREEMENT ON RECIPROCAL ENFORCEMENT OF JUDGEMENTS (REJ): PRELIMINARY MEETING

Meeting held in Room K211 of the Foreign & Commonwealth office on 11 November, 1993.

Present

Miss Shelagh Brooks, Foreign Office Legal Advisers Mr John Watherston, Lord Chancellor's Department

Mr Peter Beaton, Scottish Courts Administration

Mr Rod Bunten, Hong Kong Department

Ms Wendy Wyver, Hong Kong Department

Background

1. Miss Brooks said Hong Kong very anxious to negotiate such an agreement to come into force on 1 July 1997. A danger that existing parallel legislation may be amended or repealed after 1997. Moreover, a series of such bilateral agreements would establish the rights and obligations of the Hong Kong Special Administrative Region (UKHKSAR) in international law. Possibility of such agreements allowed for under Article 71 of Joint Declaration, which states "the Central People's Government (CPG) shall authorise the HKSAR Government to make appropriate arrangements for reciprocal juridicial assistance with foreign states".

2. Mr Bunten explained this agreement one of four to be negotiated in December, along with "Mutual Legal Assistance", "Surrender of Fugitive Offenders" & "Investment Promotion & Protection Agreements". These will have to be approved by the Chinese through the Joint Liaison Group. Here a model treaty is first agreed, then an agreed list of negotiating partners and finally specific initialled texts negotiated with those partners. Given that Chinese likely to see Hong Kong Government as an unequal partner in negotiations with UK, chances of getting UK/HKSAR REJ agreement approved greater if it stays close to model text. In the case of REJ, we passed the model text to the Chinese in 1992 they have since asked various questions, none particularly problematic. They have not yet approved this text. This draft agreed by David Edwards with the Lord Chancellor's department, stays close to the 1933 Act.

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ACTION CHECKLIST

The date of the negotiations with the Hong Kong

CONFIDENTIAL