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China Extends CISG to Hong Kong

Mon, 13 Jun 2022
Categories: China Legal Trends

On 5 May 2022, China deposited a declaration of extension of the territorial application of the United Nations Convention on Contracts for the International Sale of Goods (hereinafter referred to as the “CISG” or “the Convention”) to Hong Kong, Special Administrative Region of China.

According to Article 97(3) of the CISG, the territorial declaration shall take effect on the first day of the month following the expiration of six months after the date of its receipt by the depositary, which is 1 Dec. 2022 on this occasion.

China officially ratified the CISG in 1986, and the Convention has entered into force in China since 1988. Upon accession, the Chinese government made a reservation regarding the CISG’s scope of application set out in Article 1(1)(b).

Before the return of Hong Kong to China in 1997, the CISG was not applicable to Hong Kong as Britain was not a Contracting State to the CISG. The situation remained unchanged after the return.

On 29 Sept. 2021, the Legislative Council of Hong Kong finally passed the Sale of Goods (United Nations Convention) Ordinance, which will apply the CISG to Hong Kong in full, without reservation.

For a detailed discussion, please see read ‘Application of the CISG to the HKSAR: Past, Present and Prospect'.

 

 

Cover Photo by Kale Design on Unsplash

Contributors: CJO Staff Contributors Team

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