Sino-British Joint Declaration

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Sino-British Joint Declaration
Signed 19 December 1984
Parties  People's Republic of China
United Kingdom United Kingdom of Great Britain and Northern Ireland
Sino-British Joint Declaration
Traditional Chinese 中英聯合聲明
Simplified Chinese 中英联合声明
Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong
Traditional Chinese 中華人民共和國政府和大不列顛及北愛爾蘭聯合王國政府關於香港問題的聯合聲明
Simplified Chinese 中华人民共和国政府和大不列颠及北爱尔兰联合王国政府关于香港问题的联合声明

Lua error in package.lua at line 80: module 'strict' not found. Lua error in package.lua at line 80: module 'strict' not found. The Sino-British Joint Declaration, formally known as the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong, was signed by Prime Ministers Zhao Ziyang of the People's Republic of China (PRC) and Margaret Thatcher of the United Kingdom (UK) on behalf of their respective governments on 19 December 1984 in Beijing.[1]

The Declaration entered into force with the exchange of instruments of ratification on 27 May 1985, and was registered by the PRC and UK governments at the United Nations on 12 June 1985. In the Joint Declaration, the PRC Government stated that it had decided to resume the exercise of sovereignty over Hong Kong (including Hong Kong Island, Kowloon, and the New Territories) with effect from 1 July 1997, and the UK Government declared that it would hand over Hong Kong to the PRC with effect from 1 July 1997. The PRC Government also declared its basic policies regarding Hong Kong in the document.

In accordance with the "one country, two systems" principle agreed between the UK and the PRC, the socialist system of PRC would not be practised in the Hong Kong Special Administrative Region (HKSAR), and Hong Kong's previous capitalist system and its way of life would remain unchanged for a period of 50 years until 2047. The Joint Declaration provides that these basic policies should be stipulated in the Hong Kong Basic Law and that the socialist system and socialist policies shall not be practised in HKSAR.

Background

The background of the Sino-British Joint Declaration was the pending expiration of the lease of the New Territories on 1 July 1997.[2] The lease was negotiated between the UK and the Guangxu Emperor of China, and was for a period of 99 years starting from 1 July 1898 under the Second Convention of Peking. At the time of the lease signing, Hong Kong Island had already been ceded to the UK in perpetuity under the Treaty of Nanjing in 1842 after the First Opium War, and the southern part of the Kowloon Peninsula as well as the Stonecutters Island had also been ceded to the UK in perpetuity under the Convention of Beijing in 1860 after the Second Opium War.

In the early 1980s the territory and its business community grew concerned about the future of Hong Kong.[3] These concerns, regarding the status of property rights and contracts, were spurred by political uncertainty surrounding the scheduled reversion of the New Territories to the PRC.[4] In March 1979, the Governor of Hong Kong, Murray MacLehose, visited Peking. During this visit, informal talks about the future of Hong Kong began. Upon his return, MacLehose attempted to allay investors' worries about the scheduled reversion, but reiterated that the PRC asserted its intention to regain sovereignty over Hong Kong.[4] The first formal negotiations began with chairman Deng Xiaoping of the PRC during the visit of the Prime Minister of the United Kingdom, Margaret Thatcher, to China in September 1982.[4]

During the following discussions, where the Governor of Hong Kong took part in every round of formal talks as a member of the British delegation, it became clear that the continuation of British administration after 1997 would not be acceptable to China in any form.[5] The Chinese Government has consistently taken the view that the whole of Hong Kong should be Chinese territory, due to what they perceived as the inequality of historical treaties.[6] As a result, the two sides discussed possible measures besides continued British administration, and came up with the concept of Hong Kong as a Special Administration Region of the PRC. In April 1984, the two sides concluded the initial discussion of these matters, and arranged that Hong Kong would retain a high degree of autonomy under Chinese sovereignty with the preservation of the maintained lifestyle in Hong Kong.[5] By 18 September 1984, both sides had approved the English and Chinese texts of the documents and the associated Exchange of Memoranda.

Content of the Joint Declaration

Joint Declaration

The Sino-British Joint Declaration consists of eight paragraphs, three Annexes about the Basic Policies regarding Hong Kong, the Sino–British Joint Liaison Group and the Land Leases as well as the two Memoranda of the two sides. Each part has the same status, and “The whole makes up a formal international agreement, legally binding in all its parts. An international agreement of this kind is the highest form of commitment between two sovereign states.”[7] Within these declarations the Hong Kong Special Administrative Region shall be directly under the authority of the Central People's Government of the PRC and shall enjoy a high degree of autonomy except for foreign and defence affairs. It shall be allowed to have executive, legislative and independent judicial power, including that of final adjudication. The Basic Law explains that in addition to Chinese, English may also be used in organs of government and that apart from the national flag and national emblem of the PRC the HKSAR may use a regional flag and emblem of its own. It shall maintain the capitalist economic and trade systems previously practised in Hong Kong. The third paragraph lists the PRC's basic policies regarding Hong Kong:

  • National unity and territorial integrity shall be upheld and a Hong Kong Special Administrative Region (HKSAR) shall be established.[8]
  • "The [HKSAR] will be directly under the authority of the Central People’s Government of the [PRC and] will enjoy a high degree of autonomy, except in foreign and defence affairs." "[9]
  • "The [HKSAR] will be vested with executive, legislative and independent judicial power, including that of final adjudication. The laws currently in force in Hong Kong will remain basically unchanged." [10]
  • "The Government of the [HKSAR] will be composed of local inhabitants. The chief executive will be appointed by the Central People's Government on the basis of the results of elections or consultations to be held locally. Principal officials will be nominated by the chief executive of the [HKSAR] for appointment by the Central People's Government. Chinese and foreign nationals previously working in the public and police services in the government departments of Hong Kong may remain in employment. British and other foreign nationals may also be employed to serve as advisers or hold certain public posts in government departments of the [HKSAR]."[11]
  • "The current social and economic systems in Hong Kong will remain unchanged, and so will the life-style. Rights and freedoms, including those of the person, of speech, of the press, of assembly, of association, of travel, of movement, of correspondence, of strike, of choice of occupation, of academic research and of religious belief will be ensured by law in the [HKSAR]. Private property, ownership of enterprises, legitimate right of inheritance and foreign investment will be protected by law." [12]
  • "The [HKSAR] will retain the status of a free port and a separate customs territory. It can continue the free trade policy, including free movement of goods and capital." [13]
  • "The [HKSAR] will retain the status of an international financial centre" with free flow of capital and the Hong Kong dollar remaining freely convertible. The HKSAR may authorise designated banks to issue or continue to issue Hong Kong currency under statutory authority.[14]
  • It will have independent finances with its own budgets and final accounts, but reporting it to the Central People’s Government. Additionally, "the Central People’s Government will not levy taxes on [it]." [15]
  • "The HKSAR may establish mutually beneficial economic relations with the United Kingdom and other countries [...]" [16]
  • The name used for international relations will be ‘Hong Kong, China’. In doing so it may maintain and develop economic and cultural relations and agreements with states, regions and relevant international organisations on its own and it may issue travel documents for Hong Kong. International agreements to which the PRC is not a party but Hong Kong is may remain implemented in the HKSAR.
  • The government of the HKSAR is responsible for the maintenance of public order. Military forces sent by the Central People’s Government, stationed in HKSAR, for the purpose of defence shall not interfere in the internal affairs in the HKSAR.
  • Those basic policies will be stipulated in a Basic Law of the Hong Kong Special Administrative Region in the PRC by the National People’s Congress and will remain unchanged for 50 years.

The Government of the United Kingdom will be responsible for the administration of Hong Kong with the object of maintaining and preserving its economic prosperity and social stability until 30 June 1997 and the Government of the PRC will give its co-operation in this connection.

Furthermore, this declaration regulates the right of abode, those of passports and immigration. All Chinese nationals who were born or who have ordinarily resided in Hong Kong for a continuous period of seven years or more are qualified to obtain permanent identity cards. Those cardholders can also get a passport of the HKSAR, which is valid for all states and regions. But the entry into the HKSAR of persons from other parts of China shall continue to be regulated in accordance with the present practice.

The PRC's basic policies regarding Hong Kong (Annex I)

This Annex is called the Elaboration by the government of the People's Republic of China of its basic policies regarding Hong Kong. It is partly mentioned in the summary above and deals in detail with the way Hong Kong will work after 1 July 1997. The annexe consist of following sections: (1) Constitutional arrangements and government structure; (II) the laws; (III) the judicial system; (IV) the public service; (V) the financial system; (VI) the economic system and external economic relations; (VII) the monetary system, (VIII) shipping, (IX) civil aviation; (X) education; (XI) foreign affairs; (XII) defence, security and public order; (XIII) basic rights and freedoms; (XIV) right of abode, travel and immigration.

Sino-British Joint Liaison Group (Annex II)

Annex II set up the Sino-British Joint Liaison Group. That Group came into force at 1 July 1988 and continued its work until 1 January 2000. Its functions were

a) to conduct consultations on the implementation of the Joint Declaration
b) to discuss matters relating to the smooth transfer of government in 1997
c) to exchange information and conduct consultations on such subjects as may be agreed by the two sides.[17]

This Group was an organ for liaison and not of power, where each side could send up to 20 supporting staff members. It should meet at least once in each of the three locations (Beijing, London and Hong Kong) in each year. From 1 July 1988 onwards it was based in Hong Kong. It should also assist the HKSAR to maintain and develop economic and cultural relations and conclude agreements on these matters with states, regions and relevant international organisations and could therefore set up specialist sub-groups. Between 1985 and 2000 the Joint Liaison Group held 47 plenary meetings whereof 18 were held in Hong Kong, 15 in London and 14 in Beijing.

One of the main achievements had been to ensure the continuity of the independent judiciary in Hong Kong, including agreements in the areas of law of Merchant Shipping, Civil Aviation, Nuclear Material, Whale Fisheries, Submarine Telegraph, Outer Space and many others. Furthermore, it agreed to a network of bilateral agreements between Hong Kong and other countries. Within those agreements were reached on the continued application of about 200 international conventions to the HKSAR after 30 June 1997. Hong Kong should also continue to participate in various international organisations after the handover.

Land Leases (Annex III)

According to the Land Leases all leased lands, granted by the British Hong Kong Government, which extend beyond 30 June 1997 and all rights in relation to such leases shall continue to be recognised and protected under the law of the HKSAR for a period expiring not longer than 30 June 2047. Furthermore, a Land Commission shall be established with equal number of officials from the Government of the United Kingdom and the Government of the PRC which was dissolved on 30 June 1997. This commission was established in 1985 and met in Hong Kong for 35 formal meetings and agreed on 26 legal documents, within the granting of the land required for the new airport at Chek Lap Kok in 1994 .

United Kingdom Memorandum

In this memorandum the Government of the United Kingdom declared that all persons who hold British Dependent Territories citizenship (BDTCs) through an affiliation with Hong Kong would cease to be BDTCs on 1 July 1997. After the declartion, the Hong Kong Act, 1985 and the Hong Kong (British Nationality) Order, 1986 created the category British National (Overseas). BDTCs were allowed to apply for British National (Overseas) status until July 1997, but this status does not in of itself grant the right of abode anywhere, including the United Kingdom and Hong Kong. After the handover, most former BDTCs became citizens of the People's Republic of China. Any who were ineligible for PRC citizenship and who had not applied for BN(O) status automatically became British Overseas citizens.

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See also: British nationality law and Hong Kong and British nationality law

Chinese Memorandum

“Under the National Law of the PRC, all Hong Kong Chinese compatriots, whether they are holders of the 'British Dependent Territories Citizens' Passport’ or not, are Chinese nationals.” Those people who use travel documents issued by the Government of the United Kingdom are permitted to use them for the purpose of travelling to other states and regions, but they will not be entitled to British consular protection in the HKSAR and other parts of the PRC.

Commentaries

The signing of the Joint Declaration by the Conservative Party government of Margaret Thatcher was a cause of controversy in Britain at the time: some were surprised that the right wing Prime Minister would agree to such an arrangement with the Communist government of China represented by Deng Xiaoping. But, as stated in the notes of The Hong Kong Baptist University: “The alternative to acceptance of the present agreement is to have no agreement.”[18] Some[who?] were surprised that Hong Kong residents were not given full UK citizenship. The Joint Declaration would also have to have been signed by HM Queen Elizabeth II and the President of China, Li Xiannian.[citation needed]

However, many commentaries pointed out that Britain was in an extremely weak negotiating position. Hong Kong was not militarily defensible and received most of its water and food supply from Guangdong province in mainland China. It was therefore considered economically infeasible to divide Hong Kong, with Britain retaining control for Hong Kong Island and Kowloon while returning the New Territories to the PRC in 1997, if no agreements could be reached by then. As mortgages for property in Hong Kong were typically fifteen years, without reaching an agreement on the future of Hong Kong in the early 1980s, it was feared that the property market would collapse, causing a collapse of the general economy in Hong Kong. Constraints in the land lease in the New Terrorities were also pressing problems at that time. In fact, while negotiation concerning the future of Hong Kong had started in the late 1970s, the final timing of the Declaration was related to the land and property factors.

But on the other hand, Wu Bangguo, the chairman of the National People's Congress Standing Committee stated in a conference in Beijing 2007, that "Hong Kong had considerable autonomy only because the central government had chosen to authorize that autonomy".[19]

Aftermath

After signing of the declaration, the Sino-British Joint Liaison Group was set up according to the Annex II of the declaration.

The transfer of sovereignty of Hong Kong (referred to as the "return" or "handover" by the Chinese and British press respectively) occurred as scheduled on 1 July 1997. Since the return just a few things changed, such as the flag of Hong Kong, the Prince of Wales Building being renamed into the People's Liberation Army Building. Post boxes were repainted green, as per the practice in China. Street names have remained unchanged and the Royal Hong Kong Yacht Club has kept its "Royal" prefix, although the Hong Kong Jockey Club and other institutions have given up this title.[20]

After the Asian financial crisis in 1997 the Hong Kong measures were taken with the full co-operation of the Chinese government. This did not mean that the Chinese government dictated what to do and therefore still follows the points of the declaration.[21]

Despite the autonomy, the government of the Hong Kong Special Administrative Region sometimes sought the suggestions from the Chinese government. In 1999 the government of the HKSAR asked China's State Council to seek an interpretation of a provision in the Basic Law by the National People's Congress Standing Committee. The Chinese government said that a decision by the Hong Kong Court of Final Appeal would allow 1.6 million mainland immigrants to enter Hong Kong. As a result, the Chinese authorities obliged and the Hong Kong judgment was overturned.[clarification needed][22]

Pressures from the mainland government were also apparent, for example in 2000, after the election of pro-independence candidate Chen Shui-bian as Taiwan's president, a senior mainland official in Hong Kong warned journalists not to report those Taiwan independence news. Another senior official advised businessmen not to do business with pro-independence Taiwanese.[22]

With this and other changes,[22] ten years after the return, in 2007, The Guardian wrote that on the one hand, "nothing has changed since the handover to China 10 years ago",[23] but this was in comparison to the situation before the last governor Chris Patten had introduced democratic reforms three years before the handover. Now, The Guardian continued, a chance for democracy had been lost as Hong Kong had just begun to develop three vital elements for a western-style democracy (the rule of law, official accountability and a political class outside the one-party system) but the Sino–British deal had prevented any of these changes to continue.

The issue of democratic development in Hong Kong came to a head in late 2014, sparking the 2014 Hong Kong protests. Paragraph 3.4, specifically the verbiage "on the basis of the results of elections or consultations to be held locally" has been interpreted by protestors as promising Hong Kong direct representative democracy, including civil nominations. However, China's Standing Committee of the National People's Congress (NPCSC) announced its decision on the proposed electoral reform stating that all candidates for Chief Executive in Hong Kong would be selected by a nominating committee similar to the one that selected the fourth chief executive.[24] Against this backdrop, the British Foreign Affairs Select Committee was banned by China to enter Hong Kong on their planned visit in December as part of their inquiry into progress of the implementation of the Sino-British Joint Declaration. In an emergency parliamentary debate about the unprecedented ban, the chairman on the committee Richard Ottaway revealed that Chinese officials consider the Joint Declaration "now void and only covered the period from the signing in 1984 until the handover in 1997."[25]

See also

References

  1. ↑ Constitutional and Mainland Affairs Bureau, The Government of the HKSAR. "The Joint Declaration" and following pages, 1 July 2007.
  2. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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  5. ↑ 5.0 5.1 Lua error in package.lua at line 80: module 'strict' not found.
  6. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  7. ↑ Sino-British Joint Declaration, para. 19. Retrieved 8 August 2011
  8. ↑ The Joint Declaration Paragraph 3.1
  9. ↑ The Joint Declaration Paragraph 3.2
  10. ↑ The Joint Declaration Paragraph 3.3
  11. ↑ The Joint Declaration Paragraph 3.4
  12. ↑ The Joint Declaration Paragraph 3.5
  13. ↑ The Joint Declaration Paragraph 3.6
  14. ↑ The Joint Declaration Paragraph 3.7
  15. ↑ The Joint Declaration Paragraph 3.8
  16. ↑ The Joint Declaration Paragraph 3.9
  17. ↑ Constitutional and Mainland Affairs Bureau, The Government of the HKSAR. "The Joint Declaration and its Implementation, 1 July 2007.
  18. ↑ Sino-British Joint Declaration, para. 29. Retrieved 8 August 2011
  19. ↑ Keith Bradsher, 7 June 2007, "World Briefing. Asia: China Reminds Hong Kong Who's Boss", The New York Times, New York, online.
  20. ↑ A Battle Royal Rocks Imperial Yacht Club, Christian Science Monitor, 10 June 1996
  21. ↑ McLaren, Robin. "Hong Kong 1997–2007: a personal perspective", retrieved at 17 April 2010.
  22. ↑ 22.0 22.1 22.2 Ching, Frank. "The System Works – More or Less", 1 January 2006. Archived 14 April 2009 at the Wayback Machine
  23. ↑ Fenby, Jonathan, 1 July 2007, "Hong Kong's business as usual", The Guardian, London, online.
  24. ↑ Lua error in package.lua at line 80: module 'strict' not found. Section II.(1)
  25. ↑ Lua error in package.lua at line 80: module 'strict' not found.

External links

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