ENG-1997 — Page 43

ESTABLISHMENT OF THE HKSAR

As a result, the Office of the Commissioner of the Ministry of Foreign Affairs (MFA Office) was established on July 1, 1997, and works in close co-operation with the Government of the HKSAR. The MFA Office discharges its responsibilities in accordance with the Basic Law and the 'One Country, Two Systems' principle. It does not interfere with matters which are within the scope of the HKSAR's high degree of autonomy.

The HKSARG's interface with the MFA Office relates mainly to Hong Kong's participation in international organisations and conferences, negotiation and conclusion of agreements, and management of foreign consular and other official and semi-official missions. For instance, the HKSAR may participate in international organisations and conferences not limited to states on its own using the name 'Hong Kong, China'. The CPG's approval will be obtained through the MFA Office if the HKSAR joins an international organisation limited to states either as part of the PRC delegation or in any other capacity permitted by the CPG and the international organisation or conference concerned. The HKSAR may on its own, using the name 'Hong Kong, China', maintain and develop relations and conclude and implement agreements with foreign states and regions and relevant international organisations in the appropriate fields, including economic, trade, financial and monetary, shipping, communications, tourism, cultural and sports.

However, the CPG's specific authorisation will be required for the negotiation and conclusion of Air Services Agreements, Reciprocal Juridical Assistance Agreements and Visa Abolition Agreements with foreign states. The MFA Office and the HKSARG also co-operate in handling matters relating to the establishment of consular missions in the HKSAR. Foreign affairs issues (such as the establishment and abolition of consular representation, consular appointments, granting of privileges and immunities) are handled by the MFA Office. The HKSARG is responsible for the day-to-day management of the consular corps (such as the issue of consular identity cards, actual provision of privileges and immunities, and the security of consular premises).

The Garrison

The Basic Law provides that the CPG shall be responsible for the defence of the HKSAR and shall bear the expenditure for the garrison. Military forces stationed in the HKSAR shall not interfere in the local affairs of the Region and the HKSAR Government shall be responsible for the maintenance of public order in the Region. The People's Liberation Army (PLA) Forces Hong Kong (Hong Kong Garrison) formally stationed in the HKSAR assumed defence responsibility for Hong Kong with effect from zero hour on July 1, 1997.

The PLA Forces Hong Kong comprise army, navy and air force units so as to reflect the PRC's sovereignty over HKSAR's territorial land, waters and airspace, and it is subject to the direction of the Central Military Commission. The Hong Kong Garrison is deployed at 14 military sites in the HKSAR with some of the army, navy and air force units stationed in the mainland of China.

The 'Law of the People's Republic of China on the Garrisoning of the Hong Kong Special Administrative Region' (the Garrison Law), which was added to Annex III of the Basic Law, ensures the lawful performance of functions and responsibilities by the PLA Forces Hong Kong to maintain the sovereignty, unity and territorial integrity of the State and the security of Hong Kong.

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