Sino-British Joint Declaration
Encyclopedia
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 the Prime Ministers, Zhao Ziyang
and Margaret Thatcher
, of the People's Republic of China
(PRC) and the United Kingdom
(UK) governments on 19 December 1984 in Beijing
.
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 practiced 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.
, 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 late 1970s the territory and foreign investors were concerned about the future of Hong Kong. The main problem was about land lease in the New Territories which was set to expire in 1997. With the visit of the Governor of Hong Kong
, Murray MacLehose, in Peking in March 1979 the discussion about the future of Hong Kong began. An attempt was made to solve the question of land lease expiring in 1997. The first discussions begun with Chairman Deng Xiaoping
of the PRC during the visit of the Prime Minister of Great Britain, 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 what they perceived as the inequality of historical treaties. As a result the two sides discussed other effective measures than 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.
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 PRC declared that the basic policies regarding Hong Kong are as follows:
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 cooperation 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.
(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.
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 June 30, 1997. Hong Kong should also continue to participate in various international organisations after the handover.
in 1994 .
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.” Some 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
.
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 the UK 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 '80s, 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.
Some commentaries pointed out that the UK government had no interest in granting full UK citizenship to Hong Kong Chinese residents. In fact, the UK government changed its nationality laws just a few years before the signing of the Sino-British Joint Declaration to ensure that Hong Kong Chinese residents would not get the right to live in the UK in future.
But on the other hand, Wu Bangguo, the chairman of the Standing Committee of the National People’s Congress stated in a conference in Beijing 2007, that “Hong Kong had considerable autonomy only because the central government had chosen to authorize that autonomy”.
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 new flag of Hong Kong and the Prince of Wales building was renamed into the People’s Liberation Army building; the post boxes were repainted green, as it is the practice in China. But street names have remained unchanged and even the Royal Hong Kong Yacht Club
has kept its “Royal” prefix, whereas the Hong Kong Jockey Club
and other institutions have given up this expression.
After the Asian financial crisis in 1997 the Hong Kong measures were taken with the full cooperation of the Chinese government in good cooperation. This did not mean that the Chinese government dictated what to do and therefore still follows the points of the declaration.
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 Hong Kong’s 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.
One year later, 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.
Due to various interpretations of the Basic Law, especially Article 23, a situation arose whereby many members of the public as well as legislators felt that the government was simply pushing its bill through without public support. This led to a turnout of over half a million people, the biggest of its kind since the Tiananmen Square massacre in June 1989. In reaction this led to the shelve of the bill.
Ten years after the handover, in 2007, the Guardian, a London newspaper, said, that "nothing has changed since the handover to China 10 years ago".
Zhao Ziyang
Zhao Ziyang was a high-ranking politician in the People's Republic of China . He was the third Premier of the People's Republic of China from 1980 to 1987, and General Secretary of the Communist Party of China from 1987 to 1989....
and Margaret Thatcher
Margaret Thatcher
Margaret Hilda Thatcher, Baroness Thatcher, was Prime Minister of the United Kingdom from 1979 to 1990...
, of the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
(PRC) and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
(UK) governments on 19 December 1984 in Beijing
Beijing
Beijing , also known as Peking , is the capital of the People's Republic of China and one of the most populous cities in the world, with a population of 19,612,368 as of 2010. The city is the country's political, cultural, and educational center, and home to the headquarters for most of China's...
.
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
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
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
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
(including Hong Kong Island
Hong Kong Island
Hong Kong Island is an island in the southern part of the Hong Kong Special Administrative Region. It has a population of 1,289,500 and its population density is 16,390/km², as of 2008...
, Kowloon
Kowloon Peninsula
The Kowloon Peninsula is a peninsula that forms the southern part of the main landmass in the territory of Hong Kong. The Kowloon Peninsula and the area of New Kowloon are collectively known as Kowloon....
, and the New Territories
New Territories
New Territories is one of the three main regions of Hong Kong, alongside Hong Kong Island and the Kowloon Peninsula. It makes up 86.2% of Hong Kong's territory. Historically, it is the region described in The Convention for the Extension of Hong Kong Territory...
) 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
One country, two systems
"One country, two systems" is an idea originally proposed by Deng Xiaoping, then Paramount Leader of the People's Republic of China , for the reunification of China during the early 1980s...
" principle agreed between the UK and the PRC, the socialist system of PRC would not be practiced in the Hong Kong Special Administrative Region (HKSAR), and Hong Kong's previous capitalist
Capitalism
Capitalism is an economic system that became dominant in the Western world following the demise of feudalism. There is no consensus on the precise definition nor on how the term should be used as a historical category...
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
Hong Kong Basic Law
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, or simply Hong Kong Basic Law, serves as the constitutional document of the Hong Kong Special Administrative Region of the People's Republic of China...
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. 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 WarFirst Opium War
The First Anglo-Chinese War , known popularly as the First Opium War or simply the Opium War, was fought between the United Kingdom and the Qing Dynasty of China over their conflicting viewpoints on diplomatic relations, trade, and the administration of justice...
, 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
Second Opium War
The Second Opium War, the Second Anglo-Chinese War, the Second China War, the Arrow War, or the Anglo-French expedition to China, was a war pitting the British Empire and the Second French Empire against the Qing Dynasty of China, lasting from 1856 to 1860...
.
In the late 1970s the territory and foreign investors were concerned about the future of Hong Kong. The main problem was about land lease in the New Territories which was set to expire in 1997. With the visit of the Governor of Hong Kong
Governor of Hong Kong
The Governor of Hong Kong was the head of the government of Hong Kong during British rule from 1843 to 1997. The governor's roles were defined in the Hong Kong Letters Patent and Royal Instructions...
, Murray MacLehose, in Peking in March 1979 the discussion about the future of Hong Kong began. An attempt was made to solve the question of land lease expiring in 1997. The first discussions begun with Chairman Deng Xiaoping
Deng Xiaoping
Deng Xiaoping was a Chinese politician, statesman, and diplomat. As leader of the Communist Party of China, Deng was a reformer who led China towards a market economy...
of the PRC during the visit of the Prime Minister of Great Britain, 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 what they perceived as the inequality of historical treaties. As a result the two sides discussed other effective measures than 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.
Joint Declaration
The Sino-British Joint Declaration consist of eight paragraphs, three Annexes about the Basic Policies regarding Hong Kong, the Sino-British Joint Liaison GroupSino-British Joint Liaison Group
Sino-British Joint Liaison Group or simply Joint Liaision Group was a meeting group between the Governments of the United Kingdom of Great Britain and Northern Ireland and the People's Republic of China after signing of Sino-British Joint Declaration , a treaty for the transfer of sovereignty of...
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 PRC declared that the basic policies regarding Hong Kong are as follows:
- National unity and territorial integrity shall be upheld and a Hong Kong Special Administrative Region (HKSAR) shall be established.
- 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.
- It will be vested with executive, legislative and independent judicial power (including that of final adjudication) and the laws currently in force in Hong Kong will remain basically unchanged.
- The Government of the HKSAR will be composed of local inhabitants but the chief executive will be appointed by the Central People’s Government and he will nominate the principal officials. Furthermore the legislature of the HKSAR shall be constituted by elections.
- Not just the current social and economic system in Hong Kong will remain unchanged, also the life-style and 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 demonstration of choice of occupation, of academic research and of religious belief, inviolability of the home, the freedom to marry, the right to raise a family freely. Those will be ensured by law as well as the private property, ownership of enterprises, legitimate right of inheritance and foreign investment.
- The Hong Kong Special Administration Region 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.
- 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.
- 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.
- The HKSAR may establish mutually beneficial economic relations with the United Kingdom and other countries.
- 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 cooperation 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 annex 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.
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
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
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 June 30, 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 KokChek Lap Kok
Chek Lap Kok was an island in the western waters of Hong Kong. Together with the smaller Lam Chau, it was leveled and merged via land reclamation into the platform for the current Hong Kong International Airport, which opened for commercial operations in 1998...
in 1994 .
United Kingdom Memorandum
In this memorandum the Government of the United Kingdom declares that all persons in Hong Kong who hold British Dependent Territories citizenship (BDTCs) will be ceased to be BDTCs with effect from 1 July 1997. They can only eligible to retain an appropriate statues (without the right of abode in the United Kingdom) if the British passport was issued before 1 July 1997.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 PartyConservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
government of Margaret Thatcher
Margaret Thatcher
Margaret Hilda Thatcher, Baroness Thatcher, was Prime Minister of the United Kingdom from 1979 to 1990...
was a cause of controversy in Britain at the time: some were surprised that the right wing Prime Minister
Prime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
would agree to such an arrangement with the Communist
Communist Party of China
The Communist Party of China , also known as the Chinese Communist Party , is the founding and ruling political party of the People's Republic of China...
government of China represented by Deng Xiaoping
Deng Xiaoping
Deng Xiaoping was a Chinese politician, statesman, and diplomat. As leader of the Communist Party of China, Deng was a reformer who led China towards a market economy...
. 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.” Some 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
Elizabeth II of the United Kingdom
Elizabeth II is the constitutional monarch of 16 sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize,...
and the President of China, Li Xiannian
Li Xianniàn
Li Xiannian was President of the People's Republic of China between 1983 and 1988 and then chairman of the Chinese People's Political Consultative Conference until his death. He was an influential political figure throughout the PRC, having been a member of the Politburo of the Communist Party of...
.
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
Guangdong
Guangdong is a province on the South China Sea coast of the People's Republic of China. The province was previously often written with the alternative English name Kwangtung Province...
province in mainland China
Mainland China
Mainland China, the Chinese mainland or simply the mainland, is a geopolitical term that refers to the area under the jurisdiction of the People's Republic of China . According to the Taipei-based Mainland Affairs Council, the term excludes the PRC Special Administrative Regions of Hong Kong and...
. It was therefore considered economically infeasible to divide Hong Kong, with the UK 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 '80s, it was feared that the property market would collapse, causing a collapse of the general economy in Hong Kong
Economy of Hong Kong
As one of the world's leading international financial centres, Hong Kong has a major capitalist service economy characterised by low taxation and free trade, and the currency, Hong Kong dollar, is the ninth most traded currency in the world. Hong Kong has remained as the world's freest economy,...
. 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.
Some commentaries pointed out that the UK government had no interest in granting full UK citizenship to Hong Kong Chinese residents. In fact, the UK government changed its nationality laws just a few years before the signing of the Sino-British Joint Declaration to ensure that Hong Kong Chinese residents would not get the right to live in the UK in future.
But on the other hand, Wu Bangguo, the chairman of the Standing Committee of the National People’s Congress stated in a conference in Beijing 2007, that “Hong Kong had considerable autonomy only because the central government had chosen to authorize that autonomy”.
Aftermath
After signing of the declaration, the Sino-British Joint Liaison GroupSino-British Joint Liaison Group
Sino-British Joint Liaison Group or simply Joint Liaision Group was a meeting group between the Governments of the United Kingdom of Great Britain and Northern Ireland and the People's Republic of China after signing of Sino-British Joint Declaration , a treaty for the transfer of sovereignty of...
was set up according to the Annex II of the declaration.
The transfer of sovereignty of Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
(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 new flag of Hong Kong and the Prince of Wales building was renamed into the People’s Liberation Army building; the post boxes were repainted green, as it is the practice in China. But street names have remained unchanged and even the Royal Hong Kong Yacht Club
Royal Hong Kong Yacht Club
The Royal Hong Kong Yacht Club is a Hong Kong sports club for sailing and rowing.Founded as Hong Kong Corinthian Sailing Club in 1890 and became the Royal Hong Kong Yacht Club in 1894....
has kept its “Royal” prefix, whereas the Hong Kong Jockey Club
Hong Kong Jockey Club
The Hong Kong Jockey Club is one of the oldest institutions in Hong Kong, founded in 1884 to promote horse racing. It was granted Royal Charter and renamed to "The Royal Hong Kong Jockey Club" in 1959...
and other institutions have given up this expression.
After the Asian financial crisis in 1997 the Hong Kong measures were taken with the full cooperation of the Chinese government in good cooperation. This did not mean that the Chinese government dictated what to do and therefore still follows the points of the declaration.
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 Hong Kong’s 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.
One year later, in 2000, after the election of pro-independence candidate Chen Shui-bian
Chen Shui-bian
Chen Shui-bian is a former Taiwanese politician who was the 10th and 11th-term President of the Republic of China from 2000 to 2008. Chen, whose Democratic Progressive Party has traditionally been supportive of Taiwan independence, ended more than fifty years of Kuomintang rule in Taiwan...
as Taiwan’s president, a senior mainland official in Hong Kong warned journalists not to report those Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
independence news. Another senior official advised businessmen not to do business with pro-independence Taiwanese.
Due to various interpretations of the Basic Law, especially Article 23, a situation arose whereby many members of the public as well as legislators felt that the government was simply pushing its bill through without public support. This led to a turnout of over half a million people, the biggest of its kind since the Tiananmen Square massacre in June 1989. In reaction this led to the shelve of the bill.
Ten years after the handover, in 2007, the Guardian, a London newspaper, said, that "nothing has changed since the handover to China 10 years ago".
See also
- Transfer of sovereignty of Hong Kong
- History of Hong KongHistory of Hong KongHong Kong began as a coastal island geographically located off the southern coast of China. While pockets of settlements had taken place in the region with archaeological findings dating back thousands of years, regular written records were not made...
- Joint Declaration on the Question of MacauJoint Declaration on the Question of MacauThe Joint Declaration on the Question of Macau, or Sino-Portuguese Joint Declaration, was an important treaty between Portugal and the People's Republic of China over the status of Macau. The full name of the treaty is Joint Declaration of the Government of the People's Republic of China and the...
External links
- Text of the Sino-British Joint Declaration
- Introduction to the Joint Declaration
- Basic Law Drafting History Online — University of Hong Kong Libraries, Digital Initiatives