22-APR-1993 16:52
INDUSTRY DEPT.
+ 952 730 :771
P.03
Initialled Agreement on the Promotion and Reciprocal Protection of Investments between Switzerland and Hong Kong
Response to suggested amendments to the French translation
17'
The following remarks refer to the comments by the Authorities of Hong Kong of 17 March 1993:
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دیا
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We agree to replace the term "des investissements plus importants" with "l'accroissement des investissements".
We agree to replace the word "promotion" with "encouragement".
We think that the original formulation ".... ainsi que tous les autres droits de propriété, tels que charges foncières, gages immobiliers et mobiliers ou usufruits" reflects the meaning of the English text ".... and any other property rights such as mortgages, liens, pledges or usufructs" better than the proposed formulation "hypothèques, privilèges ou gages". We do especially have problems with the term "privilège", which is not a legal expression in French, but also with the term "hypothèques" because, according to legal terminology, the substantive scope of "hypothèques" is narrower than the general notion of "gages immobiliers". We therefore suggest to keep the original, more general formulation.
According to your suggestion, the general term "valeurs" would refer to all kind of securities. However, since "securities" is not used in the English text, we don't think it's adequate to include "valeurs" in the text. We are of the opinion that the original ranslation "parts sociales, actions, obligations et titres de créance d'une entreprise" adequately reflects the meaning of "shares in and stocks, bonds and debentures of a company". We therefore suggest to keep the original formulation.
In French the use of present or future tense does not imply different levels of commitment and may be used equivalently. We therefore suggest to keep the original formulation.
The English term "disposal" seems to be a word with quite different meanings. After careful deliberations with our French-speaking legal experts, we suggest to replace the expression "la liquidation ou vente" not with "la cession" as you proposed but with the word "l'aliénation".
"Alinéa" and "paragraphe" are synonymous. Since "alinéa" is used throughout the text we suggest to keep the original formulation.
The splitting of the second sentence of the English text into two sentences in the French text does not in our view introduce any ambiguity but improves the flow of the text and contributes to the comprehension of the provision. We therefore suggest to keep the original formulation.
No comments yet.
Private notes are available after approval.