The Delineation of Treaty-Making Powers between the Central Government of the People's Republic of China and the Special Administrative Region of Hong Kong

Abstract

This article investigates treaty making by the People’s Republic of China (‘China’) and its Special Administrative Region of Hong Kong (‘HKSAR’) with a focus on the delineation of treaty-making powers between the Central Government and the Region. Though China is a unitary state, the Region of Hong Kong enjoys farreaching autonomy that allows it to maintain its capitalist system and own institutions, independent judicial authority and a legal system that is separate from Mainland China. The autonomy of the HKSAR includes the power to conclude certain international agreements on its own. This study of treaty-making powers takes a doctrinal approach. It analyses Chinese and HKSAR legislation including scholarly views and the relevant treaty-making practice.