HomeMy WebLinkAboutCOM 0521.032 2002-2004 c°,;?~~yo'N~9~,
Harry Kim 6riy Lincoln S.T. Ashlda
Maynr ,e J L Cngwratinn Cnun.rd
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Gerald Takase
4~r~ or~e~'M~ Axsirtant Coproratinn Counsel
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OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720.4262 • (808) 961-8251 • FAX (808) 961.8622
May 17, 2004
Constance Kiriu, Legislative Auditor
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Ms. Kiriu:
Re: Hague Convention Requirements
Rush Request
In your a-mail of May 13, 2004, you ask for clarification of expenditure
(010-121-5215.40-115-Hague Convention Requirements). In 1969, the United States of
America entered into amulti-national agreement on how each signing country would
treat the other country's citizens.
This, of course, is a simplified explanation of the Hague Convention
("Convention"), but gives you the basic idea. Part of the Convention's agreements was
that when one citizen or governmental body sought to initiate legal service of process
against a citizen of another country in their home country, service is required to be
according to the rules set out by the Convention. This legal service of process is known
in Convention terms as "Service Abroad of Extra-Judicial Documents." It should be
noted that not all participating countries signed off on the same provisions. Therefore,
country "A" may require service on their Minister of Foreign Affairs with translation into
the native language of the person sought to be served, with service being done by the
Minister of Foreign Affairs, while country "B" may require only translation with direct
service on the person being sought. Yet, country "C" may require something totally
different.
Hawaii County is an Equal Opportunity Provider and Employer
Comm. No. SZ~•~Z
Ref. Toprese u~~
Ref. Uate
Constance Kiriu, Legislative Auditor
Page -2-
May 17, 2004
In this case, the Real Property Tax Division is seeking to foreclose on numerous
properties held by foreign nationals who are delinquent in their real property tax
payments. To effectuate the foreclosure on these properties and collect the
delinquencies, the division must follow the Hague Convention rules on extra-judicial
service. The expenditure sought is for translation and service of process fees for
approximately 166 delinquent parcels held by foreign nationals.
This a very basic explanation of the Hague Convention service of process rules.
Should you have any other questions or require further detail, as always, please call
me.
Sincerely,
t ~ -
CRA~fi MASUDA
De~uty Corporation Counsel
CTM:de
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