(f)
(g)
CONFIDENTIAL
3
was included
in the
relevant provision
of the IPPA
between the People's Republic of China and France.
Exact reciprocity was ensured for the definition of
for both parties and the Hong Kong satisfied that the existing definition
Hong Kong investors likely to benefit
"investors"
delegation were
would cover all
from an IPPA;
phrase was added, in Article 1(4), to make it clear
that re-investment returns shall enjoy the same
protection as returns;
No
the definition of "forces" in respect of Hong Kong in Article 1(c) of the model text was moved to Article
6 (3) of the initialled text, where it qualifies the
only reference to "forces" in the Agreement.
definition of forces was included in respect of
France. The French delegation took the view that while such a definition was necessary for Hong Kong in view non-govereign status, it was not necessary for
of its
France.
ARTICLE 2: Promotion and Protection of Investment and Returns
5.
Article 2(1) is similar to Article 2(1) of the Hong Kong model text, except that the qualifying phrase "subject to ita right to exercise powers conferred by its laws" was simplified to "in accordance with its laws and the provisions of this Agreement".
6.
Article
2(2) is similar to Article 2(2) of the Hong Kong model, except that a phrase was added to clarify the fact that neither Contracting Party shall de jure or de facto hinder the fair and equitable treatment enjoyed by investments.