Unit The Basic Law and External Affairs Personal, Social and Humanities Education Section The Education Bureau HKSARG First published in 2012 Reprinted with minor amendments in 2015 Teacher Version
How does Hong Kong go about its external affairs?.1 Changes in the way Hong Kong deals with external affairs after reunification..2 Hong Kong s participation in international organizations and activities..3 Hong Kong, Foreign Missions, and international people-to-people ties. Extended Part Hong Kong s participation in regional economic cooperation in East Asia.
Hong Kong is only a special administrative region of China. Can it still continue to take part in international organizations and events? p.2 International Air Services Transit Agreement United Nations International Covenant on Civil and Political Rights Visa-free agreements Convention on the Rights of the Child International Olympic Committee World Trade Organization What kinds of agreements can Hong Kong sign on its own? In what name should Hong Kong sign these international agreements? Are all international agreements already signed by China applicable in HKSAR?
.1 Changes in the way Hong Kong deals with external affairs after reunification. For a long time, Hong Kong has had an important international role in economic and health affairs as a non-sovereign region. Hong Kong s prosperity and stability has much to do with its ability to adapt flexibly to the changing global environment. When Britain was governing Hong Kong, the British Government was in charge of Hong Kong s external relations. As the city rose in economic power, it also gained in international status. The British Government soon recognized this and allowed Hong Kong some degree of autonomy on the international scene. Before 17, Hong Kong had already become a party to some bilateral 1 and multilateral treaties 2, and enjoyed official membership in many international or regional organizations. The Basic Law gives Hong Kong the power to exercise a high degree of autonomy. The Government of the HKSAR has the power to deal with some external affairs on its own. In fact, the power that Hong Kong has for external affairs has become clearer, more extensive and comprehensive after reunification than before. This helps Hong Kong to strengthen its role on the international stage. (Please refer to Appendix 1 on pages 32-33 for the Basic Law provisions on Hong Kong s participation in external affairs.) Representative of Hong Kong Representative of Hong Kong, China Before reunification After reunification By nature, foreign affairs differ from external affairs. Foreign affairs are political affairs involving state sovereignty while external affairs are affairs in areas such as economics and culture. According to the stipulations of the Basic Law, the power of foreign affairs in relation to Hong Kong belongs to the Central Government, while Hong Kong is given the power by the Central Government to deal with certain external affairs on its own. 1 Bilateral treaties ( 雙邊條約 ) a formal agreement or contract between two states or parties, such as an alliance or trade arrangement. 2 Multilateral treaties ( 多邊條約 ) a formal agreement or contract involving more than two states or parties. p.3
To whom should applications be made? Hong Kong has always been a popular port in the Asia-Pacific region for visits of foreign warships. Many apply to visit Hong Kong every year. Now, for a foreign warship to visit Hong Kong, to whom should applications be made? In the maze below, show how a foreign warship can gain permission to enter Hong Kong waters. Approval by Hong Kong Marine Police Approval by Hong Kong Customs and Excise Department Permission from the Ministry of Foreign Affairs of People s Republic of China Hong Kong To be dealt with by the Transport Department Office of the Commissioner of the Ministry of Foreign Affairs of the People s Republic of China in the HKSAR passes information to Hong Kong Inspection by the Hong Kong Garrison of the Chinese People s Liberation Army Follow-up by the Hong Kong Immigration Department Executed and assisted by the Hong Kong Marine Department According to Article 126 of the Basic Law, foreign warships entering Hong Kong waters has to do with China s territorial authority, national security, and a matter of the defence of Hong Kong. This is something over which Hong Kong has no power. Permission has to come from the Central People s Government. Approval procedures for visits of non-civil foreign state aircraft 3 are similar to those for foreign warships. Once a foreign non-civil aircraft enters the airspace of Hong Kong, it enters the airspace of China. It is a matter of state power and security, and they must have special permission from the Central People s Government to do so. p.4 3 According to the Convention on International Civil Aviation (144), aircraft means any vehicle which is able to fly in the atmosphere such as balloons and airplanes. There are civil aircrafts and state aircrafts. Aircrafts that are used in public affairs, military, customs and police services but not civil aviation shall be deemed to be state aircrafts.
How does the Central People s Government help the HKSAR to handle its external affairs? The Central People s Government shall be in charge of the foreign affairs relating to Hong Kong. For this reason, the Ministry of Foreign Affairs of the People s Republic of China (PRC) shall set up an office in Hong Kong. The Office of the Commissioner of the Ministry of Foreign Affairs (OCMFA) of the PRC in the HKSAR, was set up in Hong Kong according to Article 13 of the Basic Law by the Ministry of Foreign Affairs to deal with the foreign affairs relating to Hong Kong. The duties of the Commissioner s Office are: 1 2 3 To deal with foreign affairs about the HKSAR for the Central People s Government; To help the Government of the HKSAR to deal with relevant external affairs according to the Basic Law or when given power; To deal with other affairs that are assigned by the Central People s Government and its Ministry of Foreign Affairs. p.5
1 Who will come to our rescue? How does the OCMFA help Hong Kong in external affairs? You may recall a series of large-scale protests and street demonstrations 4 in Egypt in January and February 2011. Many Hong Kong people were held up there and needed help. The OCMFA took up this important responsibility. Read the following two sources for Activity 1 and discuss the questions with your classmates. Source 1 How does government provide help to Hong Kong people when we find ourselves in danger in a foreign place? Large-scale protests and street demonstrations took place in Egypt in early 2011. Hong Kong people who were there at the time wanted very much to come back to Hong Kong as soon as possible. Run! However, there were no direct flights between Hong Kong and Cairo. If Hong Kong were to send a chartered plane there, it would take at least one to two days to sort out all the necessary arrangements. The OCMFA, in close contact with the Government of the HKSAR, got in touch with the Chinese Embassy in Egypt. Embassy officials took care of the Hong Kong visitors on the spot and put them on a Chinese chartered flight. I contacted China s Ambassador to Egypt. He will take care of the Hong Kong people who are held up there. Can you help the Hong Kong people who are held up in Egypt? p.6 The Ministry of Foreign Affairs, the Chinese Embassy in Egypt, the Government of the HKSAR and the OCMFA worked closely with one another. As a result, the Hong Kong people there returned to Hong Kong safely by the chartered flight. 4 Demonstration ( 示威 ) a public display of group opinion, as by a rally or march. We are back finally!
Source 2 What are the rights of the Government of the HKSAR on air service agreements and arrangements? And what are its limitations? Article 133 of the Basic Law Article 133 Acting under specific authorizations from the Central People s Government, the Government of the Hong Kong Special Administrative Region may: (1) renew or amend air service agreements and arrangements previously in force; (2) negotiate and conclude new air service agreements providing routes for airlines incorporated in the Hong Kong Special Administrative Region and having their principal place of business in Hong Kong and providing rights for over-flights and technical stops; and (3) negotiate and conclude provisional arrangements with foreign states or regions with which no air service agreements have been concluded. All scheduled air services to, from or through Hong Kong, which do not operate to, from or through the mainland of China shall be regulated by the air service agreements or provisional arrangements referred to in this Article. p.7
1 There were newspaper criticisms that the HKSAR Government was too slow in sending a direct chartered flight to bring the Hong Kong people home. Do you agree with that? Any reasonable answers are acceptable. 2 What were the reasons why a chartered plane was not sent to bring the Hong Kong tourists home? Hong Kong has no air rights in Egypt. There were no direct flights between Hong Kong and Cairo. To arrange a chartered flight to Cairo or Luxor, the Government needs to talk with the Egyptian authorities on interchanges, ground service, luggage transport and so forth. Such talks take a lot of time and negotiations. 3 Chartered flights commissioned by the mainland brought Hong Kong people home alongside Chinese from the mainland. How did that happen? Both Hong Kong people and compatriots on the mainland are Chinese. While Hong Kong practises one country, two systems, the Central People s Government treats Hong Kong people equally as Chinese. 4 According to Source 2, can the Government of the HKSAR sign air service agreements with foreign states? According to the Basic Law, the Government of the HKSAR may sign air service agreements or provisional arrangements with foreign states as long as the Central People s Government gives it the power to do so. p.8 If Hong Kong residents in a foreign land need emergency help, they may ask local government officials or the police for the addresses and telephone numbers of the diplomatic representatives or consulate of the PRC in that place. We may also seek help through the Immigration Department Assistance hotline (Phone no: +852 1868). For details, please read Enrichment Unit 1 Travel and the Basic Law.
Brief Summary Hong Kong is not a state. The Central People s Government shall be in charge of all foreign affairs of the Region. However, except for foreign affairs which involve acts of state, Hong Kong enjoys a high degree of freedom under the Basic Law. It takes part in many international organizations and activities. When the Central People s Government gives it the power, Hong Kong may sign agreements with foreign states and regions on its own in areas of economics, trade, finance and money, shipping, communications, tourism, culture and sports. p.
.2 Hong Kong s participation in international organizations and activities. In international events such as sports events, we see the flag of the HKSAR flying before the camera. When China joined the World Trade Organization (WTO) 5 in 2001, all eyes were on it. But do you know that long before that, Hong Kong has already been an official member of this organization? The WTO was founded. Hong Kong was a founding member 15 17 In the name of Hong Kong, China, the city continues to take part in WTO as of 1 July 2001 China joined WTO 2005 The Sixth WTO Ministerial Conference was held in Hong Kong (Source of Photo: Xinhua News Agency) p.10 (Source of Photo: Xinhua News Agency) 5 World Trade Organization (WTO) ( 世界貿易組織 ) - an international body concerned with promoting and regulating trade among its member states.
Article 152 of the Basic Law sets out clearly the stipulations for Hong Kong to take part in international organizations or conferences. The stipulations are mainly based on the nature and membership of international organizations and whether the PRC is a member: 1 The nature and membership of international organizations are mainly of two types, namely: state membership and non-state membership. State membership Non-state membership Hong Kong Hong Kong May not take part as an official member May send representatives to attend as part of the PRC team subject to the permission of the Central People s Government and of the international organization May express its views in the name of Hong Kong, China May take part using the name Hong Kong, China p.11
2 If Hong Kong has already joined an international organization of which the PRC is already a member is not yet a member The Central People s Government shall take the necessary steps to make sure that Hong Kong shall continue to keep its proper status in the organization. The Central People s Government shall, where necessary, help Hong Kong to join the organization using the proper designation. What important idea in the Basic Law is being expressed in these two stipulations? The idea of one country, two systems is being expressed in these stipulations. Hong Kong may take part in international organizations and activities when it is given the power to do so. This applies to international organizations that the PRC has joined as a member, and others that it has not joined. p.12
The OCMFA helping Hong Kong in international affairs From reunification in 17 to December 2007, the OCMFA had facilitated Hong Kong officials to take part in over 00 international activities and conferences. Hong Kong officials participated as members of the Chinese Delegation or in other ways. The OCMFA also helped the HKSAR to host more than 70 intergovernmental international conferences. (For details, please visit the website of the OCMFA: http://www. fmcoprc.gov.hk/eng/.) p.13
2 Case Study Given these two stipulations, study the following two cases and discuss with your classmate Hong Kong s international participation according to the Basic Law. Case 1 Read the following source about the United Nations (UN). Source 3 Charter of the United Nations (Excerpt) Article 3 Article 4 The original Members of the United Nations shall be the states which, having participated in the United Nations Conference on International Organization at San Francisco, or having previously signed the Declaration by United Nations of 1 January 142, sign the present Charter and ratify it in accordance with Article 110. 1. Membership in the United Nations is open to all other peaceloving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations. Source: Website of the UN, accessed 1 April 2011. On 25 April 145, the UN Conference on International Organization was held in San Francisco in the United States of America (USA). Representatives from 46 countries attended the Conference. The countries included the USA, China, the United Kingdom (UK), the Soviet Union and France. On 26 June 145, the Charter of the United Nations was passed in the San Francisco Conference. The new international organization was named the UN. p.14
According to Source 3 and the stipulations of the Basic Law, can Hong Kong join the UN in its own name? According to the Charter of the United Nations, membership of the UN shall be a state. Also, according to Article 152 of the Basic Law, Hong Kong shall not join the UN using its own name. Case 2 The picture below shows President Xi Jinping( 習近平 ) and Chief Executive Leung Chun-ying( 梁振英 ) taking part in the Economic Leaders Meeting of Asia-Pacific Economic Cooperation (APEC) and being photographed with other leaders in Beijing in November 2014. Source 4 The President of the PRC and the Chief Executive of the HKSAR participated in the Economic Leaders Meeting of APEC (Source of Photo: Chief Executive s Office) (Source of Photo: Chief Executive s Office) p.15
Source 5 The use of the name Hong Kong, China Article 151 Article 151 of the Basic Law The Hong Kong Special Administrative Region may on its own, using the name Hong Kong, China, maintain and develop relations and conclude and implement agreements with foreign states and regions and relevant international organizations in the appropriate fields, including the economic, trade, financial and monetary, shipping, communications, tourism, cultural and sports fields. How was it that the Chief Executive sat as equals with the President in this international event? (Hint: pay attention to the nature of the event and the membership requirement of the organization concerned.) According to Articles 151 and 152 of the Basic Law, the HKSAR may on its own, using the name Hong Kong, China, take part in international organizations not in the unit of states, and keep and develop relations with foreign states and regions and relevant international organizations in economic, trade, financial and monetary fields. As membership of APEC is open to different economies and not limited to states, Hong Kong may join and attend the meeting on its own. p.16
APEC is an informal forum set up in 18 for high level inter-government dialogue on trade and economic issues. What kind of an organization is APEC? The annual highlight of APEC is the Economic Leaders Meeting at which leaders meet informally to exchange views and to give political attention and support of the highest level to the APEC process. An APEC Ministerial Meeting is also held each year to take stock of APEC s work in the past year and to decide on future programme. APEC comprises 21 member economies, including Australia; Brunei; Canada; Chile; China; Hong Kong, China; the Philippines; Russia; Singapore; Chinese Taipei and the USA. More information on APEC s work and achievements can be found on the APEC website at www.apec. org. Source: Website of Trade and Industry Department, accessed 1 April 2011. p.17
Do international agreements that the Central Government has signed apply to the HKSAR? According to the stipulations of Article 151 and Article 153 of the Basic Law, three situations determine the considerations of the HKSAR. Article 153 Article 153 of the Basic Law The application to the Hong Kong Special Administrative Region of international agreements to which the People s Republic of China is or becomes a party shall be decided by the Central People s Government, in accordance with the circumstances and needs of the Region, and after seeking the views of the government of the Region. International agreements to which the People s Republic of China is not a party but which are implemented in Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region. The Central People s Government shall, as necessary, authorize or assist the government of the Region to make appropriate arrangements for the application to the Region of other relevant international agreements. p.18
Three different kinds of actions for three different situations. The Basic Law has taken care of Hong Kong s special status. As a result, the international agreements that are signed by the PRC will not apply completely and equally in the HKSAR. This is the spirit of one country, two systems at work. Match the right actions to different situations according to Articles 151 and 153 of the Basic Law. Different situations Actions Agreements on fields of economic, trade, finance and monetary, shipping, communications, tourism, cultural and sports. The Central People s Government shall decide whether they apply to Hong Kong according to the situations and needs of the HKSAR and after seeking the views of the Government of the HKSAR. International agreements that the PRC has signed and joined. The HKSAR may on its own keep and develop relations and sign and apply agreements with foreign states, regions and relevant international organizations. International agreements that the PRC has not yet signed and joined but which applies in the HKSAR. Such international agreements may continue to apply in the HKSAR. Hong Kong has been actively taking part in different international organizations. It has also signed international conventions or agreements when desirable. Most of the conventions which applied to Hong Kong before 1 July 17 (the day of reunification) continue to apply. Some conventions came into effect on or after 1 July 17. How many international conventions or agreements has Hong Kong signed? As of 11 March 2011, 75 international conventions out of 241 in 20 categories which apply to Hong Kong do not apply to the mainland of China. For details, please visit the website of the Department of Justice: http://www.doj.gov.hk/eng/laws/treaties.html. p.1
From the stipulations of the Basic Law on Hong Kong s participation in international events, we can see that the Central People s Government is highly supportive of Hong Kong s continued active role in international economic and trade activities. China has recently launched its 12th Five-Year Plan 6. If you want to know more about the latest thinking on this subject, do the extended part on pages 2-30. Brief Summary For the HKSAR s participation in international events, the Basic Law stipulates two limitations. One limits the field of participation to the economic, trade, financial and monetary, shipping, communications, tourism, cultural and sports fields. The other is that the HKSAR shall use the name of Hong Kong, China to show that it is a local administrative region of the PRC. p.20 6 Five-Year Plan ( 五年規劃 ) a government plan for economic development over a period of five years.
.3 Hong Kong, Foreign Missions and international people-to-people ties. Chapter VII of the Basic Law contains stipulations on Hong Kong signing international agreements and taking part in international organizations and conferences. It has also something to say about setting up official or semiofficial missions 7 and people-to-people ties with foreign countries and regions. Does Hong Kong have the right to set up official or semi-official missions in foreign countries? Hi, students, can you find the relevant stipulations of the Basic Law and answer the above questions? According to Article 156 of the Basic Law, the HKSAR may, if necessary, set up official or semi-official economic and trade missions in foreign countries and shall report the set up of such missions to the Central People s Government for record. Are there any restrictions? The article stipulates that these organizations shall be economic and trade missions only. 7 Semi-official mission ( 半官方機構 ) is an institution, committee, legal body or organization that is founded by the government. It has a similar system of the government, but is not a part of the government. Generally, they are seen as independent institutions but are usually funded by the government. Part of their core management is supported by the government. Semi-official missions in Hong Kong include: Hong Kong Productivity Council, Hong Kong Monetary Authority, Hong Kong Tourism Board, Hong Kong Sports Institute, the Consumer Council and so on. Take Hong Kong Tourism Board as an example, besides the head office in Hong Kong, it has 16 offices around the world. p.21
Giving Hong Kong a high degree of autonomy on the economy and trade not only expresses a high degree of autonomy, it also allows the city to keep and develop broad international connections, which is good for its economy. In which cities has Hong Kong its Economic and Trade offices? To support Hong Kong s economic and trade activities in different parts of the world, the Government has set up 11 overseas Economic and Trade offices. According to the website of Commerce, Industry and Tourism Branch of the Commerce and Economic Development Bureau, these offices are located in major cities in Europe, North America, Asia and Oceania. Do you know the 11 cities in which Hong Kong has its Economic and Trade offices (as of May 2011)? Please tick put a in the right boxes. Cities where Hong Kong has Economic and Trade offices Foreign cities Yes Foreign cities Yes London Geneva Brussels Jakarta Kuala Lumpur New York Washington DC Rome Paris Copenhagen p.22
Cities where Hong Kong has Economic and Trade offices Foreign cities Yes Foreign cities Yes Tokyo Chicago Berlin Seoul Auckland San Francisco Vienna Singapore Sydney Toronto These offices promote trade and look after the economic, commercial and public relations interests of Hong Kong in the regions. They have other functions. Read Appendix 2 on page 34 for the specific functions and roles of these offices. Hong Kong offices on the mainland In view of the close trade and economic relations between the mainland (our largest trading partner since 185) and Hong Kong, we maintain close and active liaison with the authorities on the mainland. The two sides signed in June 2003 the Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA). It enhances cooperation on trade and investment between the two places. The Office of the HKSAR Government in Beijing, the Economic and Trade Offices in Guangzhou, Shanghai and Chengdu, the Trade and Industry Department and Hong Kong Trade Development Council keep track of changes in mainland commercial and trade laws and regulations. The eleven offices of the Hong Kong Trade Development Council on the mainland provide the Hong Kong business operating there with information and referral services. Source: Website of Commerce, Industry and Tourism Branch, Commerce and Economic Development Bureau, The Government of the HKSAR, accessed 12 April 2011. p.23
What missions may foreign countries set up in Hong Kong to represent their interests and to handle affairs they are concerned with? Foreign countries setting up consular 8 or other official or semi-official missions in the HKSAR falls under the category of foreign affairs. According to the Basic Law, this has to be approved by the Central People s Government. There were about 100 foreign consulates in Hong Kong before 1 July 17. Given the different diplomatic relationships between these states and China, each case is handled differently. Since the PRC was founded, it has actively built up official diplomatic relations with other states. As of 12 June 2010, China has official diplomatic relations with 171 states. For details, please refer to the website of the Ministry of Foreign Affairs of the PRC: http://www.fmprc.gov.cn/chn/pds/ ziliao/213/. p.24 8 Please read Appendix 3 on pages 35-36 for information about the organization and duties of consular missions.
What kind of institutions may foreign countries set up in Hong Kong? This has much to do with their relations with China. Try to match the following: Stipulations of the Basic Law 1 2 3 May only set up civic institutions in Hong Kong. May keep consular and other official missions here. According to each particular situation, consular and other official missions already in Hong Kong may either remain or change to semi-official status. Relations with China Official diplomatic relations No official diplomatic relations as yet Not recognized by China 2 3 1 As at 1 December 2014, there are 61 Consulates-General, 60 Consulates and 6 Officially Recognized Bodies in Hong Kong. The Central People s Government concludes agreements with foreign governments concerning the functions, privileges and immunities of consular missions in the HKSAR. As at 1 September 2013, 12 agreements have been gazetted. Foreign missions in Hong Kong As for specific arrangements of setting up offices in Hong Kong, the Central People s Government consults the Government of the HKSAR. Then agreements are signed which set out the terms, privileges and immunities. International organizations with offices in Hong Kong include: 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 administrative arrangements made by the HKSAR, are then gazetted and may be found on the following website: http://www.doj.gov.hk/eng/laws/table7ti. html. Gazette ( 政府憲報 ) an official document containing public notices, appointments, etc. p.25
How about people-to-people contacts with other countries and regions? Apart from official external links, the Basic Law gives Hong Kong the power to make contact with other countries and regions in areas such as education, culture and science: Article 14 Article 14 of the Basic Law Non-governmental organizations in fields such as education, science, technology, culture, art, sports, the professions, medicine and health, labour, social welfare and social work as well as religious organizations in the Hong Kong Special Administrative Region may maintain and develop relations with their counterparts in foreign countries and regions and with relevant international organizations. They may, as required, use the name Hong Kong, China in the relevant activities. Hong Kong athletes trained hard for the Asian Games and came away with good results, same as before reunification. Yes! Hong Kong delegates won 8 gold, 15 silver and 17 bronze medals in the 2010 Asian Games. That makes up a total of 40 medals. Really exciting! p.26
Participating in international competitions Read the following source. Source 6 Talented Hong Kong students achieve great success in international mathematics competition again Mathematically talented Hong Kong students shine again and achieve great success on the international stage. They won one gold, two silvers and three bronzes at the 51st International Mathematical Olympiad (IMO). It is also the first time a question designed by a Hong Kong student was selected as one of the IMO questions. The IMO was held from 5 to 14 July in Kazakhstan. More than 500 people joined this competition. Among the 7 teams in the IMO this year, the Hong Kong, China team came out 20th. The China team scored the highest overall marks while the Russian team and the USA team ranked second and third respectively. Source: Summary of newspaper reports. Why were Hong Kong representatives able to participate in the IMO on their own? What name did they use to take part in the game? According to the Basic Law, Hong Kong may keep and develop relations with civic organizations of foreign countries and regions and with international organizations in areas such as education, science, technology and culture. The IMO is an educational event. On this basis, Hong Kong may participate in the IMO, using the name Hong Kong, China. p.27
The order of precedence of the HKSAR for official functions The Chief Executive The Chief Justice of the Court of Final Appeal The Chief Secretary for Administration The Financial Secretary The Secretary for Justice The President of the Legislative Council 1 2 3 4 5 6 In an international setting, official events and ceremonies are governed by rules for those in attendance. The Protocol Division of the Government Secretariat is in charge of the HKSAR s reception of important people. The Protocol Division has a HKSAR Precedence List. It is used to make seating arrangements and order lists for guests and speakers on important occasions and ceremonies. The first five principal officials of Hong Kong in the order of precedence are the Chief Executive, the Chief Justice of the Court of Final Appeal, the Chief Secretary for Administration, the Financial Secretary and the Secretary for Justice. For the order of precedence among other officials of the HKSAR, councillors, heads of universities, judges, consuls, religious leaders and recipients of honours, go to the website of the Protocol Division: http://www. protocol.gov.hk/images/eng/precedence/prelist.pdf. Summary Hong Kong is a free port, a separate customs territory and an international financial centre. Because of its special status, special arrangements are made on its external affairs. In the Basic Law, the Central People s Government manages Hong Kong s foreign affairs. And Hong Kong is given extensive power to handle external affairs. This expresses the principle of state power. It also expresses the spirit of a high degree of autonomy for the HKSAR under the principle of one country, two systems. p.28
Extended Part Hong Kong s participation in regional economic cooperation in East Asia. Take a look at the text below and answer the questions. Source 7 China Supports HKSAR in External Economic Cooperation At a Forum on 12th Five-Year Plan and Mainland-Hong Kong Economic, Trade and Financial Cooperation held on 17 August 2011 in Hong Kong, Vice Premier of the State Council Li Keqiang( 李克強 ) said,...fourth, to support Hong Kong in international and regional economic cooperation. The Central Government will continue to support Hong Kong in multilateral and regional economic cooperation. China has recently focused on supporting Hong Kong to join regional efforts in East Asia. And it has also examined the possibility of including Hong Kong in its Free Trade Area Agreements 10. Source: Summary of newspaper reports. In China s 12th Five-Year Plan passed by the National People s Congress in 2011, there are separate chapters for Hong Kong and Macao. It states clearly that the Central Government will continue to support Hong Kong to develop financial, shipping, logistics, tourism, professional service, information and other high value-added service industries, and strengthen and raise the status of Hong Kong as international centres of finance, trade and shipping. This shows that the Central Government is determined to keep Hong Kong prosperous and stable and to help it develop further. (Source of Photo: Xinhua News Agency) 10 Free Trade Area ( 自由貿易區 ) China ASEAN Free Trade Area, it is a free trade area that was set up by China and the 10 ASEAN countries. The trade area was officially and fully launched on 1 January 2010. A free trade area agreement is an economic cooperation agreement that was signed among the countries. Parties to the agreement may enjoy preferential treatments such as tax reduction or zero custom tariff when goods are imported and exported. p.2
1 Given the Basic Law, must Hong Kong become party to every free trade area agreement signed by the Central Government? According to Article 153 of the Basic Law, the Central People s Government may study Hong Kong s situation and needs, and consult the Government of the HKSAR before it decides whether the international agreements that the Central People s Government has signed shall apply to Hong Kong. 2 Why does the Central Government support Hong Kong s active participation in multilateral and regional economic cooperation? Under one country, two systems, the Central Government shall keep the same and open policy towards Hong Kong. This allows Hong Kong to continue to take part in multilateral and regional economic cooperation for its continued prosperity and stability. p.30
Summary Chart Hong Kong taking part in external affairs Become party to international agreements Taking part in diplomatic talks, and international organizations or conferences Setting up institutions As State membership Is China already a member? Yes No Yes No as a member of the Chinese Government delegation as Hong Kong, China The Central Authorities shall take the necessary steps to make sure that Hong Kong continues to participate The Central Authorities shall, if necessary, help Hong Kong to continue to participate International agreements to which China is already a party International agreements which apply in Hong Kong but not yet signed by China Institution formed by the Ministry of Foreign Affairs Institution formed in Hong Kong by foreign states Hong Kong institution in foreign countries The Central Authorities will decide whether or not they would apply in Hong Kong after consulting Hong Kong Continue to apply in Hong Kong OCMFA States with official diplomatic relations with China Consular and other official missions may remain States with no official diplomatic relations with China Consular and other official missions may either remain or changed to semi-official missions status States not recognized by China Only civic institutions may be set up Official or semiofficial economic and trade missions p.31
1 Article 150 Article 151 Article 152 Chapter VII of the Basic Law: Representatives of the Government of the Hong Kong Special Administrative Region may, as members of delegations of the Government of the People s Republic of China, participate in negotiations at the diplomatic level directly affecting the Region conducted by the Central People s Government. The Hong Kong Special Administrative Region may on its own, using the name Hong Kong, China, maintain and develop relations and conclude and implement agreements with foreign states and regions and relevant international organizations in the appropriate fields, including the economic, trade, financial and monetary, shipping, communications, tourism, cultural and sports fields. Representatives of the Government of the Hong Kong Special Administrative Region may, as members of delegations of the People s Republic of China, participate in international organizations or conferences in appropriate fields limited to states and affecting the Region, or may attend in such other capacity as may be permitted by the Central People s Government and the international organization or conference concerned, and may express their views, using the name Hong Kong, China. The Hong Kong Special Administrative Region may, using the name Hong Kong, China, participate in international organizations and conferences not limited to states. The Central People s Government shall take the necessary steps to ensure that the Hong Kong Special Administrative Region shall continue to retain its status in an appropriate capacity in those international organizations of which the People s Republic of China is a member and in which Hong Kong participates in one capacity or another. The Central People s Government shall, where necessary, facilitate the continued participation of the Hong Kong Special Administrative Region in an appropriate capacity in those international organizations in which Hong Kong is a participant in one capacity or another, but of which the People s Republic of China is not a member. Article 153 The application to the Hong Kong Special Administrative Region of international agreements to which the People s Republic of China is or becomes a party shall be decided by the Central People s Government, in accordance with the circumstances and needs of the Region, and after seeking the views of the government of the Region. p.32
International agreements to which the People s Republic of China is not a party but which are implemented in Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region. The Central People s Government shall, as necessary, authorize or assist the government of the Region to make appropriate arrangements for the application to the Region of other relevant international agreements. Article 154 The Central People s Government shall authorize the Government of the Hong Kong Special Administrative Region to issue, in accordance with law, passports of the Hong Kong Special Administrative Region of the People s Republic of China to all Chinese citizens who hold permanent identity cards of the Region, and travel documents of the Hong Kong Special Administrative Region of the People s Republic of China to all other persons lawfully residing in the Region. The above passports and documents shall be valid for all states and regions and shall record the holder s right to return to the Region. The Government of the Hong Kong Special Administrative Region may apply immigration controls on entry into, stay in and departure from the Region by persons from foreign states and regions. Article 155 Article 156 Article 157 The Central People s Government shall assist or authorize the Government of the Hong Kong Special Administrative Region to conclude visa abolition agreements with foreign states or regions. The Hong Kong Special Administrative Region may, as necessary, establish official or semi-official economic and trade missions in foreign countries and shall report the establishment of such missions to the Central People s Government for the record. The establishment of foreign consular and other official or semi-official missions in the Hong Kong Special Administrative Region shall require the approval of the Central People s Government. Consular and other official missions established in Hong Kong by states which have formal diplomatic relations with the People s Republic of China may be maintained. According to the circumstances of each case, consular and other official missions established in Hong Kong by states which have no formal diplomatic relations with the People s Republic of China may be permitted either to remain or be changed to semi-official missions. States not recognized by the People s Republic of China may only establish non-governmental institutions in the Region. p.33
2 The functions and roles of overseas Economic and Trade Offices Hong Kong Overseas Economic and Trade Offices Functions and roles The Geneva Office It represents Hong Kong as a Member of the WTO. It also represents Hong Kong as an observer on the Organisation for Economic Cooperation and Development Trade Committee in Paris. The Brussels Office The London Office The Berlin Office The Offices in Toronto, Tokyo, Singapore and Sydney The Offices in Washington DC, New York and San Francisco It plays a leading role in representing Hong Kong on matters relating to the economic and trade interests of Hong Kong in Europe. It represents Hong Kong s economic and trade interests to the European Communities, and promotes Hong Kong s trade and commercial interests in fifteen European countries in Central and Southern Europe as well as Germany and Austria. It represents and promotes Hong Kong s economic and trade interests in nine European countries, including the UK, Russia, the Nordic and Baltic countries. It also represents Hong Kong in the International Maritime Organization. It is responsible for fostering the economic and trade ties between Hong Kong and Germany as well as seven other countries in Central and Eastern Europe. The Offices closely monitor economic and trade developments, law making and other matters in their host countries which may affect Hong Kong s trade and economic interests. The Singapore Office also looks after Hong Kong s commercial relations with member states of the Association of South-East Asian Nations and serves as direct contact with the Secretariats of APEC and the Pacific Economic Cooperation Council in Singapore. The Sydney Office is also in charge of promoting Hong Kong s economic and trade interests in New Zealand. The Offices look after Hong Kong s economic, commercial and public relations interests in the USA. The Washington Office represents Hong Kong s interests to the relevant agencies and departments of the US Government, as well as to the US Congress. The New York and San Francisco Offices are our respective East and West Coast offices. Source: Website of Commerce, Industry and Tourism Branch, Commerce and Economic Development Bureau, accessed 11 April 2011. p.34
What is a consul? 3 Summary of functions A consul is an officer who is sent by the government to stay in a foreign state to protect the interests of the sending state as well as the lawful rights and interests of its citizens and legal personalities. The overseas consulate is the office for the consul. The overseas embassy usually sets up the consular department, sends diplomats to do consular affairs, or appoints them to act as consular officers at the same time. Under the Vienna Convention on Consular Relations, the main responsibilities of a consular officer primarily include the following: 1. Promote the development of diplomatic relations between the sending state and the receiving state. 2. Protect the lawful rights and interests of the nationals, both individuals and legal personalities, of the sending state. 3. Issue passports and visas. 4. Act as civil registrar and notary. 5. Duties on vessels, flights and trains. 6. The duties of the consuls also include: handle inheritance matters of nationals from the sending state; transmit judgment making and documents outside of judgment making, or act according to letters rogatory 11 or commission to take evidence for the courts of the sending state. The consular officers not only exercise the consular duties provided in international treaties and bilateral agreements to which the sending state is a party, they may also act on other duties which the sending state gives them the power, and which are not opposed by the receiving state. The consular officers also handle diplomatic affairs or exercise consular duties on behalf of a third state in certain circumstances. The consular officers keep a close relationship with the public because they take the responsibilities across a wide range of government departments. Almost all of the contact the sending state has with its nationals living abroad is done through consular officers. As the economic globalization develops more deeply and international communication grows, the duties of consuls keep expanding. As a result, people will use consular services more often in more areas. Sources: Website of the Baidu encyclopaedia; Website of the OCMFA, accessed 11 April 2011. 11 Rogatory ( 查詢 調查 ) - requesting information, used especially of a request by one court of another, often foreign court for aid in obtaining desired information. p.35
A brief introduction to consular structure According to the Vienna Convention on Consular Relations, there are four classes of consulate: consulate-general, consulate, vice-consulate and consular agency. In practice, however, not all states have the four-class consulate system. China applies a three-class system which includes consulate-general, consulate, and vice-consulate. The class, location and district of a consulate shall be decided between the sending state and the receiving state through talks. Each consulate exercises its consular duties in a certain area. This is called consular district. Consulate, vice-consulate and consular agency in the consular-district-general are led by consulate-general. Consulate-general administrates one big and important consular district or sometimes many districts. In states of large area, consulate-general are sometimes set up in major cities, ports and administrative centres. Both the number and size of a consular district are decided through talks. The decision is clearly written on the consular appointment and the legal certificate. Source: Website of the Baidu encyclopaedia; Website of the OCMFA, accessed 11 April 2011. p.36
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