TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 34

ce to

accor accorded

›r of any

sed on or on the

th respect ect to all

ation, the

ed in any corded to any other

nposed on d on the ith respect ect to all ge, favour, g Party to intry shall the other any such

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nposed or cting Party tever place of the like

(2) No prohibition, restriction, rule or formality shall be imposed or maintained on the exportation of any product from any territory of one Contracting Party to any territory of the other which shall not equally extend to the exportation of the like product to any other foreign country.

(3) In so far as prohibitions or restrictions may be enforced in any of their territories on the importation or exportation of any products, the Contracting Parties undertake as regards import and export licences to do everything in their power to ensure-

(a) that the conditions to be fulfilled and formalities to be observed in order to obtain such licences should be published promptly in such a manner as to enable the public to become acquainted with such conditions and formalities;

(b) that the method of issue of the licences should be as simple and

stable as possible:

(c) that the examination of applications and the issue of licences to the

applicants should be carried out with the least possible delay;

(d) that the system of issuing licences should be such as to prevent traffic in licences. With this object, a licence issued to any person should state the name of the holder and should not be capable of being used by any other person.

(4) The conditions to be fulfilled or formalities to be observed before quotas are allotted or licences are given in any territory of one Contracting Party in respect of-

(a) the importation of products originating in any territory of the

other, or

(b) the exportation of products to any territory of the latter Contracting

Party

shall not be more onerous than the conditions to be fulfilled or formalities to be observed before quotas are allotted or licences are given in the case of any other foreign country.

(5) Subject to the requirement that such measures shall not be applied in any arbitrary manner, the general rules laid down in the preceding paragraphs of this Article shall not be construed so as to prevent the adoption by either Contracting Party of measures—

(a) necessary to protect human, animal or plant life or health;

(b) taken for the regulation of the trade in any narcotic substance which is within the scope of any international agreement which relates to the international control of narcotic substances and to which that Contracting Party is a party;

(c) taken in pursuance of obligations under any inter-governmental commodity agreement which conforms to criteria submitted to the CONTRACTING PARTIES to the General Agreement on Tariffs and Trade(') and not disapproved by them or which is itself so submitted and not so disapproved.

(1) Cmd. 9413.

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