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Foreword
Introduction
Article 13 of the Basic Law stipulates that the
Central People's Government is responsible for foreign affairs relating to the
Hong Kong Special Administrative Region (Hong Kong SAR) but it authorises the
Hong Kong SAR to conduct the relevant external affairs in accordance with the
Basic Law. The handling of external affairs of the Hong Kong SAR is elaborated
upon in other Basic Law provisions in various chapters, in particular, Chapter
VII "External Affairs".
In Chapter VII,
Article 151 of the Basic Law provides that the Hong Kong SAR, using the name "Hong
Kong, China" may maintain and develop relations and conclude and implement agreements
on its own, with foreign states and regions and international organisations, in
such matters as economic affairs, trade, finance and monetary affairs, shipping,
communications, tourism, culture and sports. Under Article 152(2), the Hong Kong
SAR may, using the name "Hong Kong, China", participate in international organisations
and conferences not limited to states.
Article
152 of the Basic Law also provides for representatives of the Government of the Hong
Kong SAR to participate in international organisations or conferences in appropriate
fields limited to states and affecting the Region as members of delegations of
the People's Republic of China, or in other appropriate capacity. The Central
People's Government shall take the necessary steps to ensure that the Hong Kong
SAR shall continue to retain its status in appropriate capacity in those international
organisations of which China is a member and in which the Hong Kong SAR participates
in one capacity or another.
Treaties
This
website provides a list of all the treaties that are
in force and are applicable to the Hong Kong SAR. Most of the treaties on our
list applied to Hong Kong prior to 1 July 1997 (the date of Hong Kong's reunification
with the Mainland) and continue to apply from that date. Some of the treaties
were applied to the Hong Kong SAR on or after 1 July 1997. Under Article 153,
the views of the Hong Kong SAR Government have to be sought before international
agreements to which China is a party (or becomes a party) are extended to Hong
Kong. Our list also identifies a number of treaties that do not apply to the Mainland
of China but are applicable to the Hong Kong SAR.
For ease of reference, the treaties on our list are arranged into 19 categories by
subject. Where applicable, we have developed hyperlinks to external websites containing
the texts of those treaties.
Important Notice
The compilation of our list
of treaties with hyperlinks is based on information collected from various sources.
The information is provided for convenience of reference only. While every reasonable
effort has been made to maintain updated and accurate information, we do not warrant
that information shown on this website or on external websites is error-free.
In particular, hyperlinks to external websites do not in any way imply endorsement
by the Hong Kong SAR Government or the Department of Justice. No warranty is made
and no responsibility assumed as to the accuracy, authority, completeness, recentness
or applicability to the Hong Kong SAR of the texts of treaties posted on external
websites. Users should ascertain those facts and should check for any reservation
or declaration which applies to the Hong Kong SAR. Where appropriate, they should
contact the depositary of the relevant instrument to obtain complete official
information. They should also read and comply with any notice, warning, disclaimer,
copyright statement and restriction on use or distribution of materials posted
on the external websites. Further inquiries on the application of treaties to
the Hong Kong SAR may be made to the International Law Division of the Department
of Justice at ild@doj.gov.hk.
Bilateral Agreements
This website
also provides a list and the full text of the major bilateral international agreements
of the Hong Kong SAR which have come into force. They include: Air
Services Agreements(ASAs), Investment Promotion & Protection
Agreements(IPPAs), Mutual Legal Assistance Agreements(MLAs),
Surrender of Fugitive Offenders Agreements(SFOs), Transfer
of Sentenced Persons Agreements(TSPs), Double Taxation
Avoidance Agreements(DTAs), Free Trade Agreements(FTAs), Enviroment Cooperation Agreements(ECAs) and Memorandum of Understandings on Labour Cooperation(MOUs on Labour Cooperation).
A notional distinction may be drawn between -
(a)
ASAs, IPPAs, TSPs, FTAs, ECAs and MOUs on Labour Cooperation; and (b) MLAs, SFOs
and DTAs. In the case of the agreements
under (b), they are required to be scheduled to Orders made by the Chief Executive
in Council, in accordance with the relevant Ordinances, and will therefore appear
in the BLIS as legislation. In the case of the agreements under (a), there is
no legislative implementation, and the practice is to gazette them when they are
brought into force by the two governments.
Apart
from the above agreements, visa abolition arrangements and agreements have been
concluded with over 100 countries and territories, 10 of which were concluded
by the Hong Kong SAR. The Hong Kong SAR has also concluded an Agreement
on Co-operation and Mutual Administrative Assistance in Customs Matters with the
European Community and an Agreement on Co-operation
in Information Technology and Communications with Israel. [As amended by Exchange
of Notes (Note from the State of Israel)
(Reply Note to the State of Israel)]
Agreements and Arrangements for the Establishments of International Organisations in Hong
Kong
From 1997 onwards, the
Central People's Government in consultation with the Hong Kong SAR Government
has entered into agreements and arrangements for the Establishment
of International Organisations in Hong Kong with several international organisations
regarding the maintenance of offices by the latter in Hong Kong and conferring
certain privileges and immunities on these offices. The international organisations
are: the Commission of the European Communities, the Bank for International Settlements,
the International Monetary Fund, the International Bank for Reconstruction and
Development and the International Finance Corporation. These agreements and arrangements
(including some administrative arrangements made by the Hong Kong SAR) have been
gazetted, and are now provided on our BLIS website for ease of reference.
Consular
Agreements
The Central People's
Government conclude agreements with a number of foreign
governments, namely Australia, Canada, India, Italy, New Zealand, Russian Federation,
United Kingdom, United States of Amercia and Vietnam concerning the functions,
privileges and immunities of the latter's consular missions in the Hong Kong SAR.
These agreements have been gazetted and are also provided on this website for
information.
Important Notice
The information provided
on this website is for convenience of reference only. While every reasonable effort
has been made to maintain accurate and updated information, we do not warrant
that the information shown here is error-free. Readers should, where appropriate,
consult the Government Gazette for the text of bilateral agreements. Further inquiries
on the application of bilateral agreements to the Hong Kong SAR may be made to
the International Law Division of the Department of Justice at ild@doj.gov.hk.
International Law Division
Department of Justice
Hong Kong Special Administrative Region
People's Republic
of China
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