TNAG-2879-FCO40-4151-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 77

CONFIDENTIAL

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Government team led by David Edwards was fixed for 20/21 December 1993. All present said they would be available.

It was decided that there was no need for a further preliminary meeting.

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Ww to copy the draft text and the record of today's WW meeting to the Scottish Office.

Article 1

(g) "superior court"

SB

JW

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to ask Hong Kong to clarify the definition

to draft two definitions; one equating to HK's, one if we agree that judgements should not just be from superior courts

(h) "Law District" - for UK this England & Wales,

Scotland and Northern Ireland

Article 2

(iii) & (iv) bankruptcy & winding up of companies

JW - to check policy on whether this is sufficient

to check Scottish interest

PB

Matin

Article 3

SB to explain in a letter to HK our problem with regard to jurisdiction of Sheriff Courts in Scotland and County Courts in England & Wales which now have considerable powers. Would entail registering their judgements in the High Court first.

SB to raise with HK Scottish point of interest re "authentic interests". These are autonomous agreements which the parties agree will be legally enforceable in the same way as court judgements. We would want them to be externally enforceable.

PB

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· to draft addition to text to cover authentic instruments.

Article 4

SB

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(1) line 4 change" in the law district of the other contracting party to "in the appropriate law district of

CONFIDENTIAL