부산대학교 도서관

United Nations Convention on Contracts for International Sale of Goods (CISG) is considered as a core international trade law that may apply to a contract for international sales of goods by most countries in the world. CISG was legislated by United Nations Commission on International Trade Law in 1980 and China was one of the earliest nations that adopted CISG. Although Constitution of the People’s Republic of China states that Chinese territory covers the Chinese mainland, Hong Kong, Macao and Taiwan, there is still a controversy as to whether CISG could be regarded as of applicable law in the Chinese mainland and other territorial units including Hong Kong. This is due to the different legal systems that each region is currently adopting. In this study, we will focus on the pros and cons of application of CISG to Hong Kong region. Even after Hong Kong’s return to Chinese rule, the central government of China still have not made any declaration regarding the application of CISG to Hong Kong for the reason that Hong Kong was once a British colony and United Kingdom was not of a contracting state of CISG. Until now Hong Kong’s application of CISG is instigating many arguments among states in the world. According to the cases of each country, civil law countries such as France claims that CISG should not be adopted by Hong Kong. In contrast, in the cases in common law countries such as United States of America states that CISG must be applied to Hong Kong. As such, there is no universal consensus with regard to this issue. This study will first summarize the positions of each state toward this issue and then analyze how the Chinese government must conduct for the greatest effect. This study will be conducted based on the assumption that the Chinese government is likely to declare that CISG is applicable to Hong Kong. However, it does not mean that this research will completely exclude the possibility that the Chinese government will continuously keep silence. As a participant in international trade, we are obligated to pronounce our opinions for this issue of the application of CISG to Hong Kong before the Chinese government finally makes a statement to this problem.