China formally declares that the CISG shall apply to Hong Kong

On 4 May 2022, the People's Republic of China has deposited the following declaration with the UN Secretary-General in his capacity as depositary of the 1980 Sales Convention (Art. 89 CISG):

"In accordance with the Basic Law of the Hong Kong Special Administrative Region of the People`s Republic of China ('the PRC'), the Government of the PRC decides that the Convention shall apply to the Hong Kong Special Administrative Region (hereinafter referred to as 'the HKSAR') of the PRC and declares that the declaration that the PRC is not bound by subparagraph (b) of paragraph (1) of article 1 of the Convention shall not apply to the HKSAR of the PRC." (Courtesy translation from the Chinese original; emphases added)

According to the declaration, the PR China's Art. 95 CISG reservation will not extend to the Hong Kong SAR, so that the Sales Convention will also apply in Hong Kong courts in accordance with Art. 1(1)(b) CISG. (In courts in mainland China, the Convention only applies in accordance with Art. 1(1)(a) CISG, but not in accordance with Art. 1(1)(b) CISG.)

The Depositary Notification does not specify the date from which onwards the Chinese declaration will have effect. If one assumes that the general "grace period" of Art. 97(3), sentence 2 CISG applies, the declaration will take effect on 1 December 2022.