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врачей
1. Foreign & Commonwealth Office
London
Paul Fi£001
Fifoot
Legal Advisors
Claire Smith
FED
Rod Wye
Research Department
HKB
012/5
RECEIVED A REGISTRY
FROM:
12 JAN 1989
OFFICER
ب تو
PAULON
2. General
Duties Branch
Hong Kong H
Kevin Ho
Principal Assistant Secretary
هلا
09
Perry Keller
Legal Affairs Assistant British Embassy
Beijing, P.R.C.
DATE: November 16, 1988
CC:
Alyson Bailes
James Hoare
Peter Clark
Shaun Riordan
re: The Application of International Treaties in Chinese Law
On November 15 I
met Mr. Liu Du Counsellor and Legal Advisor to the
Department of Treaties and Law of the Ministry of Foreign Affairs to discuss this subject. Mr. Liu stressed that his comments were personal opinions on issues which have not been entirely resolved in Chinese jurisprudence.
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1. After the Communist seizure of power in 1949 the new government took the position that the preceding Nationalist and Qing regimes had illegally entered into a number of treaties. The problem of China obligations under international treaties was first formally dealt with the Common Program, the pre 1954 interim constitution, which provided for the recognition
non-recognition and abrogation of treaties previously concluded by Chinese governments. However no formal procedures for recognition OF abrogation were established. In some cases China's position on a particular treaty was expressed by public
im
announcement.
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2. China present Constitution (of December, 1982) contains provisions concerning the division of formal powers for
the conclusion and ratification of treatie but does not address the question of procedures. According to Article 67 (14) the Standing Committee of the
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NPC has the power to decide on the ratification and abrogation of treaties and important agreements concluded with foreign states. Article 89 (9) provides that the State Council has the power to conduct foreign affairs and conclude treaties and agreements with foreign
states.
Ratification is in fact a joint procedure involving approval by the Standing Committee and signature by the President of the state. In common with many other countries, China has no hard and fast rules
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