TNAG-2387-FCO40-3469-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 114

trespass upon areas which fall without its competence and within

that of the PRC authorities ("external affairs").

latter which is relevant to this opinion.

It is the

15.

The principal powers which are reserved

reserved by the PRC for

itself in the Basic Law are foreign affairs and defence (arts. 13

and 14). Certain foreign affairs powers are delegated to the

HKSAR; the HKSAR can therefore exercise only such foreign affairs

powers as are expressly delegated to it. The powers so delegated

are those which are essential for the maintenance of the special

and separate economic system in Hong Kong (e.g., an international

finance centre, a free port, a centre of international and re-

gional aviation, a separate and convertible currency). Thus Hong

Kong may retain its separate membership of the GATT and other

similar international organisations and trade agreements (art.

116), negotiate air services agreements (art. 134), and conclude

agreements in other areas which are within the competence of the

HKSAR, like tourism, monetary policy, etc (art. 151). In other

areas where the special interests of the HKSAR may be involved,

its representatives may join the official delegations of the PRC

to relevant conferences or organisations (art. 152). When for-

eign affairs powers are given to the HKSAR their precise scope

and the method whereby they should be exercised are specified

with great care. This approach is in keeping with the close

association, important to the Chinese government, of foreign

affairs with sovereignty.

10