Submission to the Department of Justice of Hong Kong Consultation on the Proposed Application of the United Nations Convention on Contracts for the International Sale of Goods to the Hong Kong Special Administrative Region

Abstract

In 2020, the Hong Kong Department of Justice undertook a consultative process seeking views on the proposed extension of the United Nations Convention on Contracts for the International Sale of Goods ('CISG') to the Hong Kong Special Administrative Region. Its Consultation Paper proposed extending the CISG to the Hong Kong Special Administrative Region (at the time, only applicable in Mainland China) subject to an Art. 95 CISG reservation regarding Art. 1(1)(b) CISG. That Consultation Paper also set out a draft implementing Bill, and a draft Explanatory Memorandum. A number of consultation questions were raised, upon which public comment was sought.

This submission addresses the form of the Consultation Paper's draft implementing Bill. It argues, based on Australian and New Zealand experience with the CISG, that amendments are necessary. It proposes specific amendments to the draft implementing Bill, as well as corresponding changes to the draft Explanatory Memorandum. These recommendations are made so as to help the CISG achieve its intended objectives in Hong Kong.