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Treaty and legal work related to Hong Kong and Macao

2000-11-18 13:49
I. Treaty and Legal Work Relating to Hong Kong

(1) International Conventions Relating to Hong Kong

1. To continue to talk with the relevant quarters of the conventions over the left-over and follow-up issues caused by the actions adopted for the application to Hong Kong of the international conventions before and after its return to China and strive for their support and understanding. Firstly to talk with the contracting parties to the conventions to which China has not acceded over their application to Hong Kong. The application to Hong Kong of the Convention on the Third Party Liability in the Field of Nuclear Energy and the 1992 Protocol on the Amendment to the 1971 Convention on the Establishment of An International Compensation Fund for Oil Pollution Damage has been resolved. To answer the questions raised by the depository of the Convention on the Protection of the Migratory Wild Animals. Secondly, to study the question of how to implement in Hong Kong the conventions to which China has acceded, e.g. how to implement the Madrid Protocol on the Registration of International Trade Marks after its application to Hong Kong.

To solicit the opinions of the SAR on whether The conventions to which China intends to accede should be applied to Hong Kong, e.g. the Convention on the Prohibition and Immediate Actions to Eliminate Child Labor in Its Worst Form (Labor Convention No.182) and the International Convention on the Suppression of Terrorist incidents of Explosion , to provide legal opinions on the application of the conventions to Hong Kong when attending conferences for formulating new conventions (e.g. the New Warsaw Convention) and to make appropriate amendments to the conventions to suit the special circumstances in Hong Kong.

3. The Central Government as the undertaker of the rights and obligations entailed when the HKSAR implements the international conventions, would continue to submit reports to the convention depositories on its implementation of the labor conventions, the conventions on narcotics and the conventions on human rights to which China has or has not acceded, forward data and information for it.

4. Study and answer questions raised by the HKSAR about the application of the relevant conventions.

(2) Bilateral Treaties Relating to Hong Kong

1. In accordance with the provisions of the Basic Law, to authorize or assist the HKSAR to conclude bilateral agreements with foreign countries.

The Central Government, in accordance with the provisions of the Basic Law, has authorized the HKSAR Government to sign with foreign countries 10 bilateral agreements including agreements on civil aviation, handing over escaped criminals, handing over convicts and judicial assistance and registered with the UN and the ICAO the bilateral agreements on civil aviation Hong Kong had signed with 16 countries such as Finland and South Africa.

To study and deal with the question of the application to Hong Kong of the bilateral treaties and agreements China concluded before July 1, 1997, e.g. the question of the application to Hong Kong of the Sino-Indian Consular Treaty.

(3) Other Legal Affairs Relating to Hong Kong

In accordance with the provisions of the Basic Law, to assist the SAR to handle matters concerning the setting up of branch offices in Hong Kong by international organizations, e.g. to handle the setting up of a branch office in Hong Kong by the IMF; to assist the SAR to handle matters concerning judicial assistance.

II. Treaty and Legal Work Relating to Macao

(1) International Conventions Relating to Macao

1. To brief the MSAR Government on the legal and diplomatic actions taken by the Central Government to make the international conventions applicable to Macao; to deal with the left-over issues after the application to Macao of the international conventions, the major ones include: to send a diplomatic note confirming the application to Macao of the 4 conventions on humanism including the Geneva Convention on the Improvement of the Situation of the Battleground Wounded of the Armed Forces; to deal with the left-over issues after the application to Macao of the 2 conventions including the International Convention on the Prohibition of the Sale of Women and Children Amended by the 1947 Protocol; to explain to the depository of the convention the relevant issues regarding the application to Macao of the Montreal Protocol on the Depletion of the Ozonosphere Substance. At present, the special arrangement for the application to Macao of the international conventions has basically won the universal understanding and support of the international community.

To solicit the opinions of the MSAR whether the international conventions to which China intends to accede should be applied to Macao (e.g. the Labor Conventions Nos. 150, 167 and 182, the 1990 Convention on Response and Cooperation against International Oil Pollution; at the request of the MSAR Government, China has extended the application to Macao of the international conventions to which China has acceded (e.g. the Convention No.138 on the Minimum Age Permitted for Employment).

2. To assist the MSAR to handle the relevant issues in the implementation of the conventions applicable to Macao (e.g. the Convention on International Trade in the Endangered Wild Fauna and Flora and others), including the submission to the depositories of the conventions (e.g. conventions on labor, conventions on narcotics and conventions on human rights) reports on their implementation and forwarding (transmitting) data and documents.

(2) Bilateral Treaties Relating to Macao

1. In accordance with the provisions of the Basic Law, to authorize or assist the MSAR to conclude with foreign countries bilateral agreements. At present, the MSAR has negotiated and signed with Portugal an agreement on investment protection; it negotiated and signed with Pakistan an agreement on civil aviation.

2. To deal with the issue of whether the bilateral treaties signed by China before December 20, 1999 are applicable to Macao (e.g. the question of the application to Macao of the Sino-Indian Consular Treaty).

3. To assist the MSAR to handle matters concerning judicial assistance.
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