ICSID仲裁庭对谢业深诉秘鲁政府案行使管辖权的决定表明,我国中央政府缔结的中外BITs对香港特区的适用问题,存在两种截然相反的看法和实践上的重大争议。本文建议,我国政府应以此案为借鉴,对中外BITs的适用范围问题慎重考虑,采取诸如修订中外BITs、以通知方式限制ICSID管辖权等国际法层面上的措施来澄清问题,及早设防,以免授人以柄。 The ICSID arbitration tribunal’s decision on Hsieh’s deep jurisdiction over the Peruvian government case shows that there are two diametrically opposed opinions and substantive controversies concerning the application of the BITs to Hong Kong SAR concluded by the Central Government of our country. This paper suggests that our government should draw lessons from this case and carefully consider the scope of application of BITs both at home and abroad and clarify the issue by international measures such as revision of Chinese and foreign BITs and limitation of ICSID jurisdiction by means of notification, People handle.