中華人民共和國政府與歐洲共同體委員會 關於在中華人民共和國 香港特別行政區保留辦事處 籍換函而達成的協議Agreement Constituted by Exchange of Letters Between the Government of the Peoples Republic of China and the Commission of the European Communities Concerning the Maintenance of the Office of the Commission of the European Communities in the Hong Kong Special Administrative Region of the Peoples Republic of China立法會 CB(2)105/03-04(03 )號文件Your Excellency,I have the honour to confirm, on behalf of the Commission of the European Communities, that our two sides have, through friendly consultations, reached the following agreements on the question of the maintenance of the Office of the Commission of the European Communities in the Hong Kong Special Administrative Region of the Peoples Republic of China from the date of 1 July 1997, when the Government of the Peoples Republic of China resumes its exercise of sovereignty over Hong Kong:1.The Government of the Peoples Republic of China agrees to the maintenance by the Commission of the European Communities of its Office in the Hong Kong Special Administrative Region of the Peoples Republic of China.2.The Government of the Peoples Republic of China, aware of the fact that the Office is also responsible for the affairs of the Commission of the European Communities in Macao, agrees to the maintenance by the Office of such responsibility from the date of 20 December 1999, when the Government of the Peoples Republic of China resumes its exercise of sovereignty over Macao.3.The European Communities the European Coal and Steel Community, the European Community and the European Atomic Energy Community shall each have legal personality in the Hong Kong Special Administrative Region of the Peoples Republic of China.Accordingly, the European Communities shall have the capacity to conclude contracts, to acquire and dispose of immovable and movable property as necessary for the effective fulfillment of their duties, in accordance with the procedural and administrative requirements imposed by the law of the Hong Kong Special Administrative Region of the Peoples Republic of China and by any other law of the Peoples Republic of China, and to conduct legal proceedings, and shall be represented for that purpose by the Commission.His Excellency Mr. Qian Qichen Vice Premier of the State Council and Foreign Minister of the Peoples Republic of ChinaE2712001 年第 30 期憲報第 5 號特別副刊S. S. NO. 5 TO GAZETTE NO. 30/20014.The Office, its Head and members accredited by the Commission of the European Communities who are nationals of the Member States of the European Communities but not in their capacity as the permanent residents of the Hong Kong Special Administrative Region, as well as the members of their families forming part of their respective households, shall enjoy consular privileges and immunities as correspond to those enjoyed by consular posts, Heads and members of consular posts in accordance with the provisions of the Vienna Convention on Consular Relations of 24 April 1963.They will, consistent with the Basic Law of the Hong Kong Special Administrative Region of the Peoples Republic of China and the other national laws of China applicable in the Hong Kong Special Administrative Region in accordance with the Basic Law, enjoy such rights and consular privileges and immunities as are necessary for the effective fulfillment of their duties.5.The laissez-passer issued by the European Communities to officials and other servants of its institutions shall be recognized as a valid travel document.6.The Government of the Peoples Republic of China, and the Government of the Hong Kong Special Administrative Region of the Peoples Republic of China, shall accord necessary assistance and facilities to the Office for the fulfillment of its duties.7.Any difference between the two parties concerning the interpretation or application of this exchange of letters shall be handled through negotiations and consultations on the basis of equality and mutual benefit and in a friendly and cooperative spirit.8.The Government of the Peoples Republic of China agrees to the maintenance of the diplomatic privileges and immunities enjoyed by Mr. Etienne Reuter, Head of the Office, until the termination of his term in office.If the above points receive Your Excellencys confirmation in a letter of reply, this letter and the letter of reply shall form an agreement between the Commission of the European Communities and the Government of the Peoples Republic of China, which shall enter into force on the date of 1 July 1997.2001 年第 30 期憲報第 5 號特別副刊E272S. S. NO. 5 TO GAZETTE NO. 30/2001I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.Leon Brittan Vice President of the European CommissionBrussels, 25 June 1997E2732001 年第 30 期憲報第 5 號特別副刊S. S. NO. 5 TO GAZETTE NO. 30/2001歐洲共同體委員會副主席利昂布里坦爵士閣下：我榮幸地收到你一九九七年六月二十五日的來函，內容如下：“一、中華人民共和國政府同意歐洲共同體委員會在中華人民共和國香港特別行 政區保留辦事處。二、中華人民共和國政府注意到辦事處兼管歐洲共同體委員會在澳門的