Header

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

Note :

  1. To experience a better visual effect, this website is best viewed with 800X600 pixels or 1024X768 pixels on Internet Explorer 6.0 or Firefox 3.0 or above.
  2. Some of the files are in PDF format. Please download Adobe Acrobat Reader for viewing.

Web Accessibility Conformance Statement