¹

When the Hong Kong Special Administrative Region ("HKSAR") adopts a measure of "expropriation" under Article 11 (Expropriation) of the Investment Agreement, the HKSAR shall be considered as having fulfilled its obligation of providing "real value" compensation for the expropriated investment under paragraphs 1 and 2 of Article 11 (Expropriation) if compensation equivalent to the real value of the expropriated investment at the time is provided to the Mainland investor in accordance with Article 105 of the Basic Law of the HKSAR of the People's Republic of China.

²

The Mainland and Hong Kong have established the mediation mechanism in accordance with sub-paragraph 1(v) of Article 19 (Dispute Settlement between a Hong Kong Investor and the Mainland) and sub-paragraph 1(iv) of Article 20 (Dispute Settlement between a Mainland Investor and Hong Kong) of the Investment Agreement.