Engagement remained largely secured high degree of autonomy BL 150

Engagement remained largely secured high degree of

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Engagement remained largely secured, high degree of autonomy BL 150 Representatives of the Government of the Hong Kong Special Administrative Region may, as members of delegations of the Foreign courts recognize the validity of treaties between HK and their own countries: Cheung v United States - US CA characterized HKSAR as “a sub- sovereign entity” - Competence to make treaties has been
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Government of the People's Republic of China, participate in negotiations at the diplomatic level directly affecting the Region conducted by the Central People's Government . BL 48(9) “The Chief Executive of the Hong Kong Special Administrative Region shall exercise the following powers and functions... [t]o conduct , on behalf of the Government of the Hong Kong Special Administrative Region, external affairs and other affairs as authorized by the Central Authorities .” e.g. CE attends annual APEC meetings, HK occupies leading position in WTO and UN, member of Group of Seven(G7)(Financial Stability Forum)(China was not a member in 1999), holding of the sixth WTO Ministerial Conference in HK( chaired by Secretary of Commerce, Industry and Technology BL 152(1) Representatives of the Government of the Hong Kong Special Administrative Region may, as members of delegations of the People's Republic of China, participate in international organizations or conferences in appropriate fields limited to states and affecting the Region, or may attend in such other capacity as may be permitted by the Central People's Government and the international organization or conference concerned, and may express their views, using the name "Hong Kong, China". E.g. G-20, WHO, WIPO, UNCITRAL -> participate actively in international trade organizations 12-hour Manila Hostage Crisis 23/8/2010 - Donald Tsang wrote an official letter to urge Philippines to investigate the truth, which was diplomatically “insulting” - Falls within the competence of the Region - Pro-Beijing figures excoriated the Government for “usurping China’s sovereignty” - Influential members of HKSAR tend to conceptualize all foreign relations as outside the jurisdiction of subnational government - Tension between liberal identity of HK and non-liberal agenda of mainland China in international affairs authorized by both the previous and current sovereign - Condition: HK maintain a high degree of autonomy under the US HK Policy Act Wang v Masaitis “constitutionally cognizable treaty party” to US US can enter into treaty with HK as a non- sovereign treaty - China’s sudden shift of venue of APEC meeting in 2014 from HK to BJ - HK’s application to become a member of the China-led Asian Infrastructure Investment Bank was unsuccessful
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- HK has held a status in world politics as a “secondary source of international law Participation in international agreements and organizations entails international legal rights and obligations> can be held liable for failing to perform them - Remain the subject of six monthly reports to the British Parliament
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