2018-AHKIA-SideAgreement-HK-Singapore.pdf

2018-AHKIA-SideAgreement-HK-Brunei-Malaysia-Singapore.pdf

2018 Agreement on Investment Among the Governments of the Hong Kong Special Administrative Region of the People's Republic of China and the Member States of the Association of Southeast Asian Nations

ASEAN-Hong Kong, China Investment Agreement, AHKIA

• ASEAN Documents
  • ASEAN External Relations
    • China

“Article 20: Settlement of Investment Disputes between a Party and an Investor
This Article shall be agreed by the Parties under Article 22 (Work Programme).

Article 21: Consultations and Dispute Settlement between the Parties
Chapter 13 (Consultations and Dispute Settlement) of the ASEAN – Hong Kong, China Free Trade Agreement shall apply mutatis mutandis to this Agreement.”

Secretary-General of ASEAN

Annex 1: Schedules of reservations

Annex 2: Expropriation and Compensation

Side Agreement with Brunei Darussalam, Malaysia and Singapore

Side Agreement with Singapore

Trade and Industry Department of Hong Kong SAR

17/06/2019

“Article 26: Entry into Force
1. This Agreement shall be subject to ratification, acceptance or approval. The instrument of ratification, acceptance or approval by a Party shall be deposited with the depositary who shall promptly notify all other Parties of each deposit. This Agreement shall enter
into force on 1 January 2019 for the Parties that have deposited their instruments of ratification, acceptance or approval provided that the Hong Kong Special Administrative Region and at least four ASEAN Member States have deposited their instruments of ratification, acceptance or approval.

2. If this Agreement does not enter into force on the date referred to in paragraph 1, it shall enter into force, for the Parties that have deposited their instruments of ratification, acceptance or approval, 60 days after the date by which the Hong Kong Special Administrative Region and at least four ASEAN Member States have deposited their instruments of ratification, acceptance
or approval.

3. After the entry into force of this Agreement pursuant to paragraph 1 or 2, this Agreement shall enter into force for any other Party 60 days after the date of the deposit of its instrument of ratification, acceptance or approval.

4. Notwithstanding the entry into force of this Agreement for a Party pursuant to paragraph 1, 2, or 3 of this Article, the rights and obligations in this Agreement except Article 28 (Withdrawal and Termination) shall not take effect for the Party unless such Party is, at the same time, a party to the ASEAN – Hong Kong, China Free Trade Agreement.

Article 28: Withdrawal and Termination
1. Any Party may withdraw from this Agreement by giving 180 days’ advance notice in writing to the depositary who shall promptly notify the same to all other Parties.

2. Any other Party may request in writing, consultations concerning any matter that would arise from the withdrawal within 60 days after the date of receipt of the notification in paragraph 1 from the depositary. The requested Party shall enter into consultations in good faith upon receipt of the request.

3. Any Party giving a notice of withdrawal pursuant to:
(a) paragraph 1 to withdraw from this Agreement shall be deemed to have given a notice of withdrawal at the same time under paragraph 1 of Article 6 (Withdrawal and Termination) of Chapter 14 (Final Provisions) of the ASEAN – Hong Kong, China Free Trade Agreement; and

(b) paragraph 1 of Article 6 (Withdrawal and Termination) of Chapter 14 (Final Provisions) of the ASEAN – Hong Kong, China Free Trade Agreement shall be deemed to have given a notice of withdrawal at the same time under paragraph 1 to withdraw from this
Agreement.

4. This Agreement shall terminate if, pursuant to paragraph 1:
(a) the Hong Kong Special Administrative Region withdraws; or
(b) this Agreement is in force for less than four ASEAN Member States.

5. The ASEAN – Hong Kong, China Free Trade Agreement shall automatically terminate upon the termination of this Agreement pursuant to paragraph 4.”

1994 Agreement on Trade-Related Aspects of Intellectual Property Rights

1995 General Agreement on Trade in Services

2010 Articles of Agreement of the International Monetary Fund

2018 ASEAN-Hong Kong, China Free Trade Agreement

Trade and Industry Department, Hong Kong SAR accessed on 07/01/2024

ASEAN accessed on 07/01/2024

For updated versions of the WTO and IMF agreements referred to in this instrument please refer to the WTO and IMF websites