Declaraciones

Artículos:

(Courtesy translation)

“1. In accordance with Article 6 of the Convention, the Government of the People's Republic of China designates the Ministry of Foreign Affairs of the People's Republic of China as the competent authority to issue the certificate referred to in the first paragraph of Article 3 of the Convention for the People's Republic of China. Unless otherwise stated by the Government, the Ministry of Foreign Affairs of the People's Republic of China issues the certificates to public documents emanated in the territory of the People's Republic of China. Authorized by the Ministry of Foreign Affairs of the People's Republic of China, the Foreign Affairs Offices of provinces, autonomous regions and municipalities directly under the Central Government can issue the certificates to public documents emanated within the respective administrative areas.
2. The Convention will not be applicable between the People's Republic of China and those Contracting States that China does not recognize as sovereign states.
3. In accordance with the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and the Basic Law of the Macao Special Administrative Region of the People's Republic of China, the Government of the People's Republic of China has decided that the Convention will continue to apply to the Hong Kong Special Administrative Region and the Macao Special Administrative Region of the People's Republic of China. In accordance with Article 6 of the Convention, it designates each of the following as the competent authorities in the Hong Kong Special Administrative Region to issue the certificate referred to in the first paragraph of Article 3 of the Convention: the Administrative Secretary, the Registrar of the High Court, the Senior Deputy
Registrar of the High Court and the Deputy Registrar of the High Court of the Hong Kong Special Administrative Region. In accordance with Article 6 of the Convention, it designates each of the following as the competent authorities in the Macao Special Administrative Region to issue the certificate referred to in the first paragraph of Article 3 of the Convention: the Secretary for
Administration and Justice, the Director and the Deputy Directors of Justice Affairs Department of the Macao Special Administrative Region. The other Declarations previously made by the Government of the People's Republic of China for the Hong Kong Special Administrative Region and the Macao Special Administrative Region continue to be effective.
4. The Declaration made by the Government of the People's Republic of China that "the Convention will not be applicable between the People's Republic of China and those Contracting States that China does not recognize as sovereign states" applies to the Hong Kong Special Administrative Region and the Macao Special Administrative Region.”

 


Date of entry into force of the Convention for Hong Kong SAR: 25 April 1965

The Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, gave notice that on 16 June 1997, the Minister for Foreign Affairs of the Kingdom of the Netherlands received a Note dated 11 June 1997 from the Ambassador of the United Kingdom of Great Britain and Northern Ireland at The Hague and a Note dated 3 June 1997 from the Ambassador of the People's Republic of China at The Hague concerning Hong Kong.

The Note from the Ambassador of the United Kingdom reads as follows:

"Your Excellency,

I am instructed by Her Britannic Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs to refer to the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents done at The Hague on 5 October 1961 (hereinafter referred to as the Convention) which applies to Hong Kong at present.
I am also instructed to state that, in accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong signed on 19 December 1984, the Government of the United Kingdom will restore Hong Kong to the People's Republic of China with effect from 1 July 1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the international rights and obligations arising from the application of the Convention to Hong Kong.

I should be grateful if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention.

(...)

(Signed Rosemary Spencer)".

The Note from the Ambassador of the People's Republic of China reads as follows:

(Translation)

Your Excellency,

In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland on the Question of Hong Kong signed on 19 December 1984 (hereinafter referred to as the `Joint Declaration'), the People's Republic of China will resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong will, with effect from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.

It is provided both in Section XI of Annex I to the Joint Declaration, `Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Hong Kong', and Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, which was adopted on 4 April 1990 by the National People's Congress of the People's Republic of China, that international agreements to which the People's Republic of China is not a Party but which are implemented in Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region.

In accordance with the above provisions, I am instructed by the Minister of Foreign Affairs of the People's Republic of China to make the following notification:
The Convention Abolishing the Requirement of Legalisation for Foreign Public Documents done at The Hague on 5 October 1961 (hereinafter referred to as the "Convention"), by which the Government of the Kingdom of the Netherlands is designated as the depositary, which applies to Hong Kong at present, will continue to apply to the Hong Kong Special Administrative Region with effect from 1 July 1997. The Government of the People's Republic of China also makes the following declaration:

In accordance with Article 6 of the Convention, it designates each of the following as the competent authorities in the Hong Kong Special Administrative Region to issue the certificates referred to in paragraph 1 of Article 3 of the Convention for the Hong Kong Special Administrative Region: the Administrative Secretary, the Registrar of the High Court, the Deputy Registrar of the High Court and the Assistant Registrar of the High Court. Within the above ambit, responsibility for the international rights and obligations of a Party to the Convention will be assumed by the Government of the People's Republic of China.
It would be appreciated if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention.

(...)

(Signed Zhu Manli, Ambassador Extraordinary and Plenipotentiary of the People's Republic of China to the Kingdom of the Netherlands)".

Date of entry into force for Macao: 4 February 1969

By letter dated 26 November 1999, the Ambassador of Portugal to the Netherlands informed the Minister of Foreign Affairs of the Netherlands of the following:

"Upon instructions from my Government and referring to the Convention abolishing the requirement of legalisation for foreign public documents concluded at The Hague on 5 October 1961 (hereinafter referred to as the Convention) which currently applies to Macao, I have the honour to inform Your Excellency of the following:

In accordance with the Joint Declaration of the Government of the Portuguese Republic and of the Government of the People's Republic of China on the question of Macao, signed in Beijing on 13 April 1987, the Government of the Portuguese Republic will remain internationally responsible for Macao until 19 December 1999, the People's Republic of China resuming from that date the exercise of sovereignty over Macao, with effect from 20 December 1999.

From 20 December 1999 the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention in Macao. (…)."

By letter of 10 December 1999, the Ambassador of the People's Republic to the Netherlands informed the Minister of Foreign Affairs of the Netherlands of the following:

(Courtesy translation)

"In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macao (hereinafter referred to as the Joint Declaration) signed on 13 April 1987, the Government of the People's Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999. Macao will from that date become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.

It is provided both in Section VIII of Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Macao, which is annex I to the Joint Declaration, and Article 138 of the Basic Law of Macao Special Administrative Region of the People's Republic of China, which was adopted on 31 March 1993 by the National People's Congress of the People's Republic of China, that international agreements to which the Government of the People's Republic of China is not yet a Party but which are implemented in Macao may continue to be implemented in the Macao Special Administrative Region.

In accordance with the provisions mentioned above, I am instructed by the Minister of Foreign Affairs of the People's Republic of China to inform Your Excellency of the following:

The Convention abolishing the requirement of legalisation for foreign public documents, done at The Hague on 5 October 1961 (hereinafter referred to as the Convention), which applies to Macao at present, shall continue to apply to the Macao Special Administrative Region with effect from 20 December 1999. (...)

Within the above ambit, the Government of the People's Republic of China will assume the responsibility for the international rights and obligations that place on a Party to the Convention. (…)".