[Title] Agreement between the Government of the Republic of Korea and the Government of the People's Republic of China concerning the Maintenance of the Consulate-General of the Republic of Korea in the Hong Kong Special Administrative Region of the People's Republic of China
Proposing Note
KCP-97-215
The Embassy of the Republic of Korea presents its compliments to the Ministry of Foreign Affairs of the People's Republic of China and has the honour to refer to Section XI of Annex I of 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 and Article 157 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, which stipulates that "Consular and other official missions established in Hong Kong by states which have formal diplomatic relations with the People's Republic of China may be maintained".
In view of the spirit of the Joint Declaration and the Basic Law and desirous of enhancing the already existing friendly relations between the Republic of Korea and the People's Republic of China, the Embassy has further the honour to propose, on behalf of the Government of the Republic of Korea, the following agreement concerning the maintenance of the Consulate-General of the Republic of Korea in the Hong Kong Special Administrative Region of the People's Republic of China following the resumption of the exercise of sovereignty over Hong Kong by the Government of the People's Republic of China on 1 July 1997.
1.The Government of the People's Republic of China agrees to the maintenance by the Government of the Republic of Korea of its Consulate-General in the Hong Kong Special Administrative Region of the People's Republic of China.
2.The Government of the People's Republic of China takes note of the consular function which the Republic of Korea performs in Macao, and agrees to the continuation of this function after the Government of the People's Republic of China resumes the exercise of sovereignty over Macao with effect from 20 December 1999.
3.The Government of the People's Republic of China shall, in accordance with the Vienna Convention on Consular Relations of 24 April 1963 and relevant laws and regulations of the People's Republic of China, accord necessary assistance and facilities to the Consulate-General of the Republic of Korea in the exercise of consular functions.
4.The operations of the Consulate-General of the Republic of Korea in the Hong Kong Special Administrative Region shall be regulated by the Vienna Convention on Consular Relations of 24 April 1963. Consular matters shall be handled on the basis of equality and mutual benefit and in a friendly and cooperative spirit.
5.The present agreement shall enter into force on 1 July 1997. The two Parties shall complete their respective domestic legal and constitutional processes that are necessary to give effect to this agreement before this date and notify the other Party accordingly.
Done in the Korean, Chinese and English languages, all texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail.
If this proposal is acceptable to the Government of the People's Republic of China, the Embassy has the honour to suggest that this Note and the Ministry's Note in reply confirming the acceptance by the Government of the People's Republic of China of the above proposal shall be regarded as constituting an agreement between the two Governments on this matter.
The Embassy of the Republic of Korea avails itself of this opportunity to renew to the Ministry of the Foreign Affairs of the People's Republic of China the assurances of its highest consideration.
Beijing, April 24, 1997
Reply Note
(97)Bu Lin Wu Zi No.69
The Ministry of Foreign Affairs of the People's Republic of China presents its compliments to the Embassy of the Republic of Korea in the People's Republic of China and has the honour to acknowledge the receipt of the latter's Note No. 215 dated 24 April 1997, which reads as follows:
"..........Proposing Note .........."
The Ministry of Foreign Affairs of the People's Republic of China has the honour, on behalf of the Government of the People's Republic of China, to confirm and agree to the above contents in the Embassy's Note.
The Ministry of Foreign Affairs of the People's Republic of China avails itself of this opportunity to renew to the Embassy of the Republic of Korea the assurances of its highest consideration.
Bejing, April 24, 1997