MJIEL Vol 8 Issue 2 2011 - Article 3

Abstract: The Prior to the reunions of Hong Kong and Macao with China, the Chinese Central Government had no jurisdiction over these two Regions, and thus Sino-foreign Bilateral Investment Treaties (BITs) could not be applied to them. After the reunions, Sino-foreign BITs however remain inapplicable to these two Regions, because their legal conditions, including “to consult the views of the SARs Governments” and then “to be decided” by the Chinese Central Government, are not satisfied. A practice has been well established and adopted by China that Sino-foreign BITs are presumed not to be applied to certain territory of this country by implication. This is the case with the Hong Kong and the Macao Special Administrative Regions (SARs) if there is no provision in such BITs to the contrary.

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