CONSTITUTION AND ADMINISTRATION

18

Working Relationship of the HKSARG with the MFA Office

Article 13 of the Basic Law of the HKSAR provides that:

The CPG shall be responsible for the foreign affairs relating to the HKSAR. The Ministry of Foreign Affairs of the PRC shall establish an office in Hong Kong to deal with foreign affairs.

The CPG authorises the HKSAR to conduct relevant external affairs on its own in accordance with this law.

The Office of the Commissioner of the Ministry of Foreign Affairs of the PRC in the HKSAR (MFA Office) was established by the CPG to deal with the foreign affairs relating to the HKSAR. Since reunification, the HKSAR Government (HKSARG) has established effective communication channels with relevant departments of the MFA Office in handling the external affairs of the HKSAR, working in strict accordance with the Basic Law. The HKSARG liaises closely with the MFA Office in the following areas:

(a) participation in international organisations and conferences

where necessary,

the approval of the CPG will be sought in accordance with the Basic Law. For instance, CPG approval will be required if the HKSAR wishes to participate in an international organisation or conference limited to states (BL 152); (b) negotiation and conclusion of international agreements with foreign states and regions where necessary, the CPG's authorisation will be obtained in accordance with the relevant provisions of the Basic Law. For example, specific CPG authorisation will be required for the negotiation and conclusion of Air Services Agreements with foreign states (BL 133); and

(c) matters relating to the establishment of consular missions in the HKSAR. Foreign affairs issues, such as the establishment and abolition of consular representation (BL 157), consular appointments and the granting of privileges and immunities are handled by the MFA Office. The HKSARG is responsible for the day-to-day management of consular corps, such as the issue of consular identity cards, actual provision of privileges and immunities and ensuring the security of consular premises.

HKSAR'S External Affairs

The HKSAR continues to play an active role in the international arena and maintains close contact with its international partners.

After reunification, in accordance with the relevant provisions of the Basic Law, the HKSARG has obtained the CPG's authorisation to conclude 50 bilateral agreements with foreign states, including 23 on air services, four on overflight, six on visa abolition, two on readmission, 14 on reciprocal juridical assistance, and one on investment promotion and protection. More than 200 multilateral international agreements are applicable to the HKSAR, and they have been implemented by way of local legislation where necessary.

In 2000, representatives of the HKSARG using the name 'Hong Kong, China' participated more than 1 300 times in international conferences not limited to states, including those organised by the Asia Pacific Economic Co-operation (APEC), Pacific Economic Co-operation Council, World Trade Organisation, International Maritime Organisation, World Customs Organisation, World Meteorological

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