Whether BITs between China and foreign countries are applicable to the investors from Hong Kong and Macao, will be directly related to protection of investors’rights and interests. In the relevant judicial practice,with the example of “Tza Yap Shum Case” and “Sanum Case”, judgment from a judiciary with jurisdiction has aroused great controversy in China’s academic circles. Its essence lies in whether BITs between China and foreign countries apply to the investors from Hong Kong and Macao or not, which is facing many theoretical difficulties. From the perspective of domestic law, first of all, it lacks uniform guidance standards in application of international treaties. Moreover, BITs do not have a clear provision to explain this issue in China. At the international level, it is also one of the reasons for the international investment arbitration tribunal to take the priority of international law and to ignore domestic law. The governments have declared to participate in the “the Belt and Road Initiatives”actively in Hong Kong and Macao, therefore, it is significant to clarify the points and positions in China’s BITs to coordinate the application.