|Signed||19 December 1984|
|Effective||27 May 1985|
|Condition||Signatories to confirm|
|Signatories||Zhao Ziyang, Premier of the State Council|
Margaret Thatcher, Prime Minister
|Parties|| People's Republic of China|
United Kingdom of Great Britain and Northern Ireland
|Sino-British Joint Declaration|
|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|
Politics and government|
of Hong Kong
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|History of Hong Kong|
The Sino–British Joint Declaration is an international treaty signed between the People's Republic of China and the United Kingdom of Great Britain and Northern Ireland on 19 December 1984 in Beijing. The Declaration stipulates the sovereign and administrative arrangement of then-British Hong Kong after 1 July 1997, when the lease of the New Territories was set to expire according to the Convention for the Extension of Hong Kong Territory. The Joint Declaration is currently in force, as reiterated by the G7 powers. Critics allege that the People's Republic of China has disregarded provisions of the treaty.
The Declaration was signed by Premier Zhao Ziyang of the State Council of the People's Republic of China (PRC) and Prime Minister Margaret Thatcher of the United Kingdom of Great Britain and Northern Ireland (UK) on behalf of their respective governments. It 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 the perpetual British territories of Hong Kong Island and Kowloon, and the leased 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.
At the start of the Umbrella Revolution in 2014, a campaign against the perceived infringements in the HKSAR by mainland China, the British Foreign Office announced that Chinese officials now treat the Joint Declaration as "void".
The background of the Sino–British Joint Declaration was the pending expiration of the lease of the New Territories on 1 July 1997. 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. 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. In March 1979, the Governor of Hong Kong, Murray MacLehose, visited Beijing. 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. The first formal negotiations began with chairman Deng Xiaoping of the Central Military Commission during the visit of the Prime Minister of the United Kingdom, Margaret Thatcher, to China in September 1982.
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. The Chinese government has consistently taken the view that the whole of Hong Kong should be Chinese territory, due to them being acquired through the inequality of historical treaties. 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. By 18 September 1984, both sides had approved the English and Chinese texts of the documents and the associated Exchange of Memoranda.
The signing of the Joint Declaration caused some controversy in Britain because UK's Conservative Party Prime Minister Margaret Thatcher was agreeing with the China's Communist government represented by Deng Xiaoping. In the White Paper that contained the Joint Declaration, it was declared by Her Majesty's Government that "the alternative to acceptance of the present agreement is to have no agreement."
Some political analysts thought that there was an urgency to make an agreement because there were fears that without a treaty the economy in Hong Kong would collapse in the 1980s. Concerns about land ownership in the leased New Territories also added to the problem. Although discussions on the future of Hong Kong had started in the late 1970s, the final timing of the Joint Declaration was more affected by property and economic factors rather than geopolitical necessities.
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." 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:
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.
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.
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
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.
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.
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 declaration, 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.
"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.
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 and 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.
After the Asian financial crisis in 1997 the Hong Kong measures were taken with the full co-operation of the Central Chinese government. This did not mean that the Chinese government dictated what to do and therefore still follows the points of the declaration.
Despite this autonomy, the government of the Hong Kong Special Administrative Region sometimes sought interference from the Central Chinese government. For example, in 1999 the government of the HKSAR asked China's State Council to seek an interpretation by the National People's Congress Standing Committee on a provision in the Basic Law. The original decision reached by the Hong Kong Court of Final Appeal was seen as problematic by the HKSAR government as it would have allowed up to 1.6 million mainland immigrants to enter Hong Kong. The Chinese authorities obliged and the Hong Kong court's judgment was overturned, stopping the potential immigration.
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 the news. Another senior official advised businessmen not to do business with pro-independence Taiwanese.
With this and other changes, 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", but this was in comparison to the situation before the last governor Chris Patten had introduced democratic reforms three years before the handover. 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 according to Jonathan Fenby of The Guardian.[opinion]
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".
In 2014, against the backdrop of Umbrella Revolution, the British Foreign Affairs Select Committee was banned by China from entering 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."
In July 2017, when British Foreign Secretary Boris Johnson urged democratic progress in Hong Kong, China's foreign ministry spokesman Lu Kang said the legally binding Hong Kong handover treaty with Britain 'as a historical document, no longer has any practical significance,' and that 'It is not at all binding for the central government's management over Hong Kong. The UK has no sovereignty, no power to rule and no power to supervise Hong Kong after the handover.' In response the British Foreign office said: "It is a legally binding treaty, registered with the UN and continues to be in force. As a co-signatory, the UK government is committed to monitoring its implementation closely." Johnson restated Britain's commitment to Hong Kong is enshrined in the "treaty" that was "just as strong today" as it was 20 years ago. However, Chinese officials have warned against foreign interference and have accused British officials of harboring a colonial mindset.
In August 2019, US Vice-President Mike Pence urged China to respect Hong Kong laws amid Hong Kong protests and the China-US trade war. Chinese state media CCTV responded that the treaty is "a historical document", and has been "invalid and expired" for a long time. It claims that it is "shameful" and "ridiculous" for United States to "interfere with China's internal affairs" with such document.
|“||The G7 reaffirms the existence and importance of the Sino-British Joint Declaration of 1984 on Hong Kong and appeals for avoidance of violence.||”|
On 27 August 2019, the Ministry of Foreign Affairs (MFA) of the PRC officially announced that there is no country or organization in the world that can refer to the Declaration, or that has right to publish opinion about Hong Kong. In so doing, the MFA think that they have permanently denied Sino–British Joint Declaration, and ended the British ability to discuss this Declaration.
|“||Most obviously, the Chinese Communist Party is preventing the city’s government from acting with the autonomy that Beijing had promised it in a legally binding 1984 international treaty with Britain, under Hong Kong’s Basic Law, and in China’s diplomatic outreach to the United States and other nations.||”|
Foreign Secretary Jeremy Hunt on Tuesday warned that China would face serious consequences if it failed to honour the Sino-British Joint Declaration which was signed in 1984. [...] Beijing on Wednesday lodged a strong protest with London over Hunt’s warning and accused him of still harbouring “colonial illusions”.
The next day Hunt warned Beijing that the Sino-British Joint Declaration, signed in 1984 and setting out the terms for Hong Kong’s return to Chinese sovereignty, was “to be honoured ... and if it isn’t there will be serious consequences”. [...] Chinese foreign ministry spokesman Geng Shuang said Beijing had made “stern representations” over the comments, and accused Hunt of still harbouring “colonial illusions”.
Beijing has also accused the UK last week for a “colonial mindset” and interfering in Chinese domestic affairs after Foreign Secretary Jeremy Hunt urged China to uphold its end of the Joint Declaration.
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