Abstract: The transfer of sovereignty over the former British colony of Hong Kong and the former Portuguese colony of Macau to China has given rise to an interesting question regarding the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) to Hong Kong and Macau, the two Special Administrative Regions (SARs) of China. The question is whether CISG extends to these two SARs by virtue of China’s membership of CISG. This article examines the pivotal treaty provision, art.93, and concludes that CISG has not been extended to Hong Kong and Macau. It argues that the more important provision is the one in the Hong Kong Basic Law, reproduced in Macau, which recognises the power of China to extend a treaty of the CISG type where it considers it appropriate to do so and in consultation with the relevant SAR. It concludes by urging China to put an end to the prevailing uncertainty by making a declaration of extension.
Keywords: CISG; UNCITRAL; confl ict of laws; Vienna Convention on the Law of Treaties; Basic Laws of Hong Kong and Macau; People’s Republic of China.
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