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Sino-British Joint Declaration

April 26, 2023

The Sino-British Joint Declaration is a treaty between the United Kingdom and China signed in 1984 setting the conditions in which Hong Kong was transferred to Chinese control and for the governance of the territory after 1 July 1997.

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
The Great Hall of the People in Beijing, where the Joint Declaration was signed
ContextAgreement on the future of Hong Kong
DraftedJune–September 1984
Signed19 December 1984
LocationGreat Hall of the People, Beijing, People's Republic of China
Effective27 May 1985
ConditionExchange of ratifications
NegotiatorsBritish delegation led by Percy Craddock and Richard Evans, Chinese delegation led by Yao Guang and Zhou Nan
Signatories
Parties
Languages
Full text
Sino-British Joint Declaration at Wikisource
Sino–British Joint Declaration
Traditional Chinese中英聯合聲明
Simplified Chinese中英联合声明
Transcriptions
Standard Mandarin
Hanyu PinyinZhōng-Yīng Liánhé Shēngmíng
Wade–GilesChung1-Ying1 Lien2-ho2 Sheng1-ming2
Hakka
RomanizationZung1-Yin1 Lien2hap6 Sang1min2
Yue: Cantonese
Yale RomanizationJūng-yīng lyùhnhahp singmìhng
JyutpingZung1-Jing1 Lyun4hap6 Sing1ming4
IPA[tsʊ́ŋjɪ́ŋ ly̏ːnhɐ̀p ɕɪ́ŋmɪ̏ŋ]
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大不列顛及北愛爾蘭聯合王國政府和中華人民共和國政府關於香港問題的聯合聲明
Simplified Chinese大不列颠及北爱尔兰联合王国政府和中华人民共和国政府关于香港问题的联合声明
Transcriptions
Standard Mandarin
Hanyu PinyinZhōnghuá Rénmín Gònghéguó zhèngfŭ hé Dà Búlièdiàn jí Běi Ài'ěrlán Liánhé Wángguó zhèngfŭ guānyú Xiānggǎng Wèntí de Liánhé Shēngmíng
Hakka
RomanizationZung1fa2 Ngin2min2 Kiung4fo2get5(or gok5) zin4fu3 fo2 Tai4 But5liet6dien1 kip6 Bet5 Oi4li3(or ni3)lan2 Lien2hap6 Vong2get5(or gok5) zin4fu3 gan1yi1 Hiong1gong3 Mun4ti2 dit5(or e4) Lien2hap6 Sang1min2
Yue: Cantonese
Yale RomanizationJūngwàah Jàhnmàhn Guhngwòhgwok jing fú wòh daaih bāk liht dīn kahp bāk oi yíh làahn lyùhn hahp wòhng gwok jing fú gwāan yū heùng góng mahn taìh dīk lyùhn hahp sīng mìhng
JyutpingZung1waa4 Jan4man4 Gung6wo4gwok3 zing3fu2 wo4 Daai6 Bak1lit6din1 kap6 Bak1 Oi3ji5laan4 Lyun4hap6 Wong4gwok3 zing3fu2 gwaan1jyu1 Hoeng1gong2 Man6tai4 dik1 Lyun4hap6 Sing1ming4

Hong Kong had been a colony of the British Empire since 1842 after the First Opium War and its territory was expanded on two occasions; first in 1860 with the addition of Kowloon Peninsula and Stonecutters Island, and again in 1898 when Britain obtained a 99-year lease for the New Territories. The date of the handover in 1997 marked the end of this lease.

The Chinese government declared in the treaty its basic policies for governing Hong Kong after the transfer. A special administrative region would be established in the territory that would be self-governing with a high degree of autonomy, except in foreign affairs and defence. Hong Kong would maintain its existing governing and economic systems separate from that of mainland China under the principle of "one country, two systems". This blueprint would be elaborated on in the Hong Kong Basic Law (the post-handover regional constitution) and the central government's policies for the territory were to remain unchanged for a period of 50 years after 1997.

China has stated since 2014 that it considers the treaty to be spent with no further legal effect, while the United Kingdom maintains that the document remains binding in operation. Following China's 2020 imposition of national security legislation on Hong Kong and a 2021 National People's Congress decision to approve a rework of local election laws that reduces the number of regional legislature seats elected by the public, the UK has declared China as being in a "state of ongoing non-compliance" with the Joint Declaration.

Background

Main articles: British Hong Kong, History of Hong Kong, and China–United Kingdom relations

Phases of colonial expansion

See also: Treaty of Nanking, Convention of Peking, and Convention for the Extension of Hong Kong Territory
 
Britain acquired Hong Kong Island in 1842, Kowloon Peninsula in 1860, and leased the New Territories in 1898 for 99 years.

Hong Kong became a British colony in 1842 after the Qing dynasty's defeat in the First Opium War. The territory initially consisted only of Hong Kong Island and was expanded to include Kowloon Peninsula and Stonecutters Island in 1860 after another Qing loss in the Second Opium War.[1]

After this addition, the British government resisted calls by colonial officials and merchants for further expansion into China, deciding to cease territorial acquisitions in the area. However, as Germany, Japan, and Russia coerced China into granting concessions in the late 1890s, Britain considered another expansion of Hong Kong to bolster the colony's defence against attack from these other great powers.[2] When France obtained a lease for Guangzhouwan, only 210 miles away from Hong Kong,[3] Britain entered into negotiations with the Qing to acquire the New Territories as a compensatory concession. The British negotiator considered the 99-year lease term to be sufficiently suggestive that the ceded area would be a permanent cession,[4] which was granted rent-free.[5]

Potential lease renegotiations

Hong Kong Governor Frederick Lugard first proposed renegotiating the lease as a formal cession in 1909 in return for restoring Weihaiwei to China. Although the Colonial and Foreign Offices considered this, the plan was never brought to the Chinese government before Weihaiwei was transferred to the Republic of China in 1930. Alternate plans that involved offering China a substantial loan and settling land disputes on the Burmese border were suggested, but these ideas similarly did not progress past discussion. The start of the Second World War and ensuing Japanese occupation of Hong Kong stifled further debate on obtaining a cession.[6] The British government initially prepared for the possibility of having to relinquish Hong Kong after the war, but moved towards retaining the colony over the course of the conflict. Hong Kong returned to British control in 1945.[7][8]

In the immediate post-war period, the Nationalist government continued this dialogue with the British about the future of Hong Kong, which included discussions of a full retrocession and proposals of turning the colony into an international city. However, communist victory in the Chinese Civil War made a transfer of Hong Kong to the Nationalists an increasingly unlikely scenario, and the status quo was maintained.[9]

Coexistence with the People's Republic

Although communist troops marched up to the border with Hong Kong, they did not try to forcefully take the colony. Initial engagement between the colonial and new Chinese authorities were largely friendly and cooperative. While it was clear that the long-term goal of the communists was to absorb the territory, they chose to take no action on the issue in the near-term. The Chinese were content with the political status of the colony for the time being so long as no efforts were made to introduce democratic development in the territory; they were simply hostile to the idea of a potentially independent Hong Kong.[10] In 1972, China successfully petitioned the United Nations to remove Hong Kong from its list of non-self-governing territories, and declared that the colony was a "Chinese territory under British administration". The United Kingdom did not raise any objections to this and the local population did not think the move was significant, but the implication of this change was that Communist China alone would determine the territory's future, excluding the people of Hong Kong.[11]

Post-war Hong Kong experienced rapid economic growth through the 1950s as it industrialised into a manufacturing-based export economy.[12] This development continued through the following decades bolstered by a strong trading network, robust banking and financial systems, and an educated and growing workforce supplemented by continuing immigration from mainland China.[13] As the Cultural Revolution embroiled mainland China beginning in 1966, local communists in Hong Kong started a series of demonstrations against colonial rule that escalated into the 1967 Hong Kong riots.[14] However, the disturbances never gained local support and the subsequent restoration of public order conversely resulted in the colonial government achieving increased popularity among the territory's residents.[15] By the late 1970s, Hong Kong had become one of the largest trading ports and financial centers in the world.[16]

 
Urban Hong Kong in 1980

Approaching deadline

Local investors began expressing their concern in the mid-1970s over the long-term viability of continued real estate investment. The colonial government could not legally grant new land leases in the New Territories past 1997 and needed to resolve the uncertainty with the Chinese government.[17] During an official visit to Beijing in March 1979, Governor Murray MacLehose raised the issue with Vice Premier Deng Xiaoping. MacLehose suggested setting aside the 1997 date for land leases and replacing those contracts with ones that were valid for as long as British administration continued in the colony. Deng rejected this suggestion, but he informed the governor that while sovereignty over Hong Kong belonged to China, the territory held a special status that would continue to be respected.[18] MacLehose informed the public that further investment would be safe. Market reaction was optimistic; stock valuations rose and further investment in real estate boosted the value of Hong Kong's land to the highest in the world.[19]

Just before the start of formal negotiations with China over Hong Kong, Parliament enacted a major reform of British nationality law – the British Nationality Act 1981. Prior to the passage of this Act, all citizens of the British Empire (including Hongkongers) held a common nationality.[20] Citizens of the United Kingdom and Colonies (CUKCs) previously had the unrestricted right to enter and live in the UK until 1962,[21] although non-white immigration was systemically discouraged.[22] Immigration from the colonies and other Commonwealth countries was gradually restricted by Parliament from 1962 to 1971 amid decolonisation, when British citizens originating from outside of the British Islands first had immigration controls imposed on them when entering the UK.[23] The 1981 Act reclassified CUKCs into different nationality groups based on their ancestry and birthplace,[24] and the vast majority of British citizens in Hong Kong became British Dependent Territories citizens (BDTCs) with right of abode only in Hong Kong.[25] Only those reclassified as British citizens held an automatic right to live in the United Kingdom.[26]

Negotiations

Formal negotiations began in September 1982 with the arrival of British Prime Minister Margaret Thatcher and Hong Kong Governor Edward Youde in Beijing to meet with Chinese Premier Zhao Ziyang and paramount leader Deng Xiaoping.[27] In the initial phase of negotiations from October 1982 to June 1983, the main point of contention was the issue of sovereignty.[28][29]

The goals of the Chinese government were made clear from the beginning of the process.[30] China would resume both sovereignty and administration over Hong Kong in 1997.[31][32] It would do this by force if necessary,[28] but preferred to keep the territory's socioeconomic climate stable to maximize the economic benefits it could reap from the transfer.[33] Its proposed plan was to establish a special administrative region in the territory that would be governed by local residents and to maintain the existing structures of government and economy in place for as long as 50 years.[31] Constitutional arrangements had already been made to implement this plan and the Chinese would not accept anything less than a full reversion of Hong Kong.[29][31]

Sovereignty after 1997

During her first visit to Beijing, Thatcher asserted the continuing validity of British treaty rights for the sovereignty of Hong Kong.[30][34] The British began negotiations believing that they could secure an extension of the New Territories lease while retaining sovereignty of the ceded areas.[31] Although the UK had just successfully defended its hold on the Falkland Islands in a war against Argentina, Hong Kong's proximity to mainland China made a military defence of the territory impossible.[35] Thatcher later recounted that Deng had told her directly "I could walk in and take the whole lot this afternoon," to which she replied, "There is nothing I could do to stop you, but the eyes of the world would now know what China is like."[36]

 
 
British Prime Minister Margaret Thatcher and Chinese Premier Zhao Ziyang, signatories to the Joint Declaration

The Chinese pushed back against the assertion of sovereignty rights and insisted that it was not bound by the 19th-century unequal treaties that ceded Hong Kong to the UK.[30][37] Even if the two sides had agreed on the binding nature of the Treaty of Nanking and Convention of Peking, the vast majority of the colony's land still would have reverted to China at the conclusion of the New Territories lease.[38] Because most of the territory's industry was developed there, separating the leased area and returning only that part of the colony to China was economically and logistically infeasible.[34] Negotiations were stalled until Britain conceded that it would relinquish sovereignty over the entire territory.[28]

British attempt to extend administration

In the second phase of negotiations, the British attempted to negotiate an extension of their administration in Hong Kong past 1997 in exchange for their acknowledgement of Chinese sovereignty. This was again soundly rejected by the Chinese as unacceptable.[39] The continued stalled state of negotiations precipitated a drop in investor confidence, causing a sharp decline in local property values[37] that culminated with the crash of the Hong Kong dollar's value on Black Saturday in September 1983.[39]

The talks were entirely conducted without meaningful input from the people of Hong Kong.[40] Early in the process, British officials had used the analogy of a "three-legged stool" to describe a scenario where Hong Kong was party to the negotiations with Britain and China. The Chinese government dismissed this idea, claiming that it already represented the interests of the people of Hong Kong.[28][41] Local residents were apprehensive about the prospect of being handed over to Chinese rule and overwhelmingly preferred that Hong Kong remain a British territory;[28] contemporary opinion polls show that 85 per cent of residents favoured this option.[42] The Foreign Office rejected holding a general referendum on the future of the colony due to vehement opposition from the Chinese[43] and because it assumed that educating the public on the complexity of the issue would be too difficult.[44] Although the Unofficial Members of the Executive and Legislative Councils had repeatedly petitioned the British negotiators to insist on continued administration for as long as possible, they were ultimately unsuccessful.[45] By November 1983, the British accepted that they would have no further authority over Hong Kong after 1997.[46]

Nationality and the Joint Liaison Group

Negotiations in 1984 centred on nationality and the role of the Joint Liaison Group. British negotiators and Hong Kong Executive Council members wanted to ensure the continued status of Hongkongers as British Dependent Territories citizens (BDTCs) after the transfer of sovereignty, but the Chinese would not allow this and even demanded that further granting of BDTC status be halted immediately.[47] Although there were debates in the British Parliament on granting all residents British Overseas citizenship that could be transferred to children for up to two generations after 1997,[48] this was not implemented and the Joint Declaration instead provided for a new status to be created.[49] The Chinese initially wanted the Joint Liaison Group to act as an oversight committee during the transition period of administering Hong Kong up to the handover date.[50] At the insistence of Governor Youde and Executive Council members, the group was limited in its scope to be strictly advisory.[50][51]

A bilateral working group was created in June 1984 to draft the text of the treaty and its annexes. This was completed in three months,[52] and on 26 September 1984, a draft copy of the Joint Declaration was initialed by British Ambassador to China Richard Evans and Chinese Vice Foreign Minister Zhou Nan.[53] The final version was signed on 19 December 1984 by Prime Minister Thatcher and Premier Zhao in the Great Hall of the People in Beijing;[54] the treaty came into force when instruments of ratification were exchanged on 27 May 1985[55] and was registered at the United Nations by both governments on 12 June 1985.[56]

Content

The Joint Declaration consists of its main text, Annex I elaborating the Chinese government's basic policies for Hong Kong, Annex II concerning plans for the Sino–British Joint Liaison Group, Annex III explaining protections for land leases granted by the colonial government, and two memoranda from each party describing transitional nationality arrangements for local residents.[57][58]

Main text

In the main text of the treaty, the Chinese government declared its intention to resume the exercise of its sovereignty over the entire area of Hong Kong (including the ceded areas of Hong Kong Island and Kowloon Peninsula, as well as the leased New Territories) on 1 July 1997[59] and the British government agreed to transfer control of the territory on that date.[60] China stated its basic policies for administering the returned area; it would establish a special administrative region that would be autonomous in governing local affairs. The economic, social, governing, and legal systems would remain basically unchanged from as they existed under colonial administration. Hong Kong would remain a separate customs territory with free flow of capital. Civil and property rights would remain protected after the transfer of sovereignty.[61] During the transition period from the date the treaty came into force until 30 June 1997, the United Kingdom would continue to be responsible for administering Hong Kong with the objective of maintaining its economic prosperity and social stability.[62]

Annex I: Chinese basic policies for Hong Kong

The first annex of the treaty elaborates on the Chinese government's basic policies for Hong Kong. There are 14 policies listed in Annex I, providing a framework under which the post-handover government would be established.[63] This part of the Joint Declaration provides for economic and administrative continuity through the transfer of sovereignty.[64] Executive, legislative, and judicial powers would be devolved by the central government to the special administrative region, which is given a "high degree of autonomy" in exercising those powers in all areas except for defence and diplomatic affairs. The region retains the ability to maintain separate economic and cultural relations with foreign nations. Socialism as practised in mainland China would not be extended to Hong Kong and the territory's capitalist economy and the civil liberties of its residents (such as freedom of speech, assembly, and religion) would be protected and remain unchanged for 50 years.[65]

The territory would be allowed to maintain its separate financial markets; the Hong Kong dollar remains the regional currency.[66] In the areas of civil aviation and maritime shipping, Hong Kong would continue as a separate entity from the mainland.[67] Education and the maintenance of public order would be the regional government's responsibility.[68] Right of abode in Hong Kong and immigration matters remain separate from mainland China, and the region could issue its own passports.[69] All of these policies would be further detailed in the Hong Kong Basic Law, which would stipulate the framework in which the new special administrative region would function.[65]

Annex II: Sino-British Joint Liaison Group

The second annex of the treaty provided for the establishment of the Sino-British Joint Liaison Group, consisting of diplomats from both governments,[70] to facilitate ongoing dialogue for the implementation of the Joint Declaration and a smooth transfer of government.[71] This group was strictly intended to be a channel of close communication for both parties and did not have authority to supervise or participate in the administration of the territory.[72] The Joint Liaison Group was given two specific objectives during the period between its establishment and the transfer of sovereignty. In the first half of this period, it would consider actions necessary to maintain Hong Kong's status as a separate customs territory and ensure continuity of its international rights and obligations.[73] During the second half leading up to the handover, the Liaison Group would consider actions needed to ensure a successful transition in 1997 and assist the incoming regional government in developing relations and agreements with other countries and international organisations for economic and cultural purposes.[74] The mandate for this group ended on 1 January 2000.[75]

Annex III: Land leases

The third annex of the treaty dealt with the validity of land leases granted by the colonial Hong Kong government. All existing land lease contracts continue to be recognised by the post-handover SAR government.[76] All leases without options of renewal that expired before 30 June 1997 could be extended for periods lasting no later than 30 June 2047.[77] New leases granted by the colonial government after the treaty came into force could last no longer than the 2047 date[78] and were subject to a 50-hectare annual aggregate limit on the total amount of land the government could contract out for purposes other than for housing.[79] A Land Commission consisting of an equal number of representatives from the British and Chinese governments was established to oversee the implementation of this annex until the transfer of sovereignty in 1997.[80]

Memoranda on nationality

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

The memoranda attached to the end of the treaty contains transitional nationality arrangements for local residents, which included a stipulation that a new nationality would be created for Hongkongers that did not confer right of abode in the United Kingdom.[49] The Hong Kong Act 1985 created the British National (Overseas) status to fulfil this requirement.[81] All British Dependent Territories citizens (BDTCs) connected with Hong Kong who did not have a connection with a remaining British Dependent Territory would lose that status on the day of the transfer in 1997.[82] Ethnic Chinese Hongkongers became Chinese nationals and could only retain British nationality if they had registered as BN(O)s before the handover.[83] Although they were permitted to use British passports for international travel after the transfer, ethnic Chinese BN(O)s were explicitly restricted from accessing British consular protection within the Hong Kong SAR or any other part of Chinese territory.[84] Residents who were not ethnically Chinese, had not registered as BN(O)s, and would have been stateless on that date automatically became British Overseas citizens.[83]

Post-agreement

Contemporary reactions

The signing of the Joint Declaration caused some controversy in Britain because UK's Conservative Party Prime Minister Margaret Thatcher was agreeing with China's Communist government represented by Deng Xiaoping.[85] 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", a statement meant as a rebuttal to criticisms that the declaration had made too many concessions to China, and hinting at China's significant leverage during the negotiations.[85]

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.[85]

Initial period after 1997 transfer

See also: Handover of Hong Kong

In the immediate years following the transfer of sovereignty, Chinese oversight of Hong Kong was considered relatively benign and hands-off.[86][87] Although the Chinese had reversed the last British democratic reforms for Legislative Council elections,[88] general governance of the region was otherwise virtually unchanged.[89] While most organisations with royal patronage dropped this association prior to the handover, there was no strict requirement for renaming; the Royal Hong Kong Yacht Club and Royal Asiatic Society Hong Kong Branch maintain the "Royal" prefix in their names.[90] Colonial-era street names and postbox royal cyphers are not actively removed by the government and remain unchanged.[91]

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 followed the points of the declaration.[92]

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.[93]

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.[93]

With this and other changes,[93] 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.[94][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".[95]

Dispute over treaty's continued binding status

See also: Hong Kong–Mainland conflict

The Chinese and Hong Kong governments have stated since 2014 that they consider the Joint Declaration to have ceased any legal effect after the transfer of sovereignty, and that the central government's basic policies as elaborated in the document were a unilateral statement not actually binding. These statements are directly contradicted by the 50-year period of unchanged policies in Hong Kong that the central government committed to as part of the Joint Declaration.[96] Former LegCo president and Standing Committee member Rita Fan has asserted that Britain's supervisory responsibility over the Joint Declaration's implementation lapsed when the Sino-British Joint Liaison Group disbanded in 2000.[97]

The United Kingdom, United States, and G7 maintain that the Joint Declaration remains valid and in force.[98] The Foreign Office has labelled the Causeway Bay Books disappearances in 2015,[99] enactment of the Hong Kong national security law in 2020,[100] disqualification of opposition Legislative Council candidates in 2020,[101] and electoral reform in 2021 as serious breaches of the treaty.[102] Since 2021, the UK has considered China to be in a "state of ongoing non-compliance" with the Joint Declaration.[103]

China disregards accusations of Joint Declaration breaches as foreign interference and neocolonist tampering,[104][105] and considers Hong Kong matters to be part of its internal affairs.[106][107] Chinese foreign ministry spokespersons have repeatedly stated that the United Kingdom lacks supervisory authority over Hong Kong following the handover in 1997 and that the treaty is a historical document with no extant binding authority.[108][109][110] The central government's primary regional agency, the Hong Kong Liaison Office, declared in April 2020 that it was exempt from Basic Law restrictions on mainland government interference in local affairs.[111]

Following China's imposition of national security legislation on Hong Kong in 2020, the UK extended residence rights and created a new path to citizenship for Hong Kong residents with British National (Overseas) status.[112] The Chinese government derided this change as "gross interference"[106] and subsequently withdrew recognition of BN(O) passports as valid travel documents in 2021.[113] The United States enacted the Hong Kong Autonomy Act in response to the national security law,[114] and imposed economic sanctions on 34 individuals that the US State and Treasury Departments determined to have materially contributed to Joint Declaration breaches. The list of sanctioned persons includes Chief Executive Carrie Lam, principal officials of the Hong Kong government, and members of the Standing Committee of the National People's Congress.[115][116]

See also

References

Citations

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  90. ^ Crowell, Todd (10 June 1996). "A Battle Royal Rocks Imperial Yacht Club". The Christian Science Monitor. Retrieved 3 March 2022.
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  96. ^ Cheung 2015, p. 529.
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General and cited sources

Publications

  • Becker, Bert (2019). "French Kwang-Chow-Wan and British Hong Kong: Politics and Shipping, 1890s–1920s". In Fitcher, James R. (ed.). British and French Colonialism in Africa, Asia and the Middle East. Cambridge Imperial and Post-Colonial Studies. Springer. pp. 181–221. doi:10.1007/978-3-319-97964-9_9. ISBN 978-3-319-97963-2. S2CID 201357213.
  • Carroll, John (2007). A Concise History of Hong Kong. Rowman & Littlefield. ISBN 978-0-7425-3422-3.
  • Chan, Ming K. (2003). "Different Roads to Home: the retrocession of Hong Kong and Macau to Chinese sovereignty". Journal of Contemporary China. 12 (36): 493–518. doi:10.1080/10670560305473. S2CID 925886.
  • Cheng, Joseph Y.S. (July 1984). "The Future of Hong Kong: Surveys of the Hong Kong People's Attitudes". The Australian Journal of Chinese Affairs. 12 (12): 113–142. doi:10.2307/2158991. JSTOR 2158991. S2CID 156510817.
  • Cheung, Alvin Y.H. (2015). "Road to Nowhere: Hong Kong's Democratization and China's Obligations Under Public International Law". Brooklyn Journal of International Law. Brooklyn Law School. 40 (2): 465–545. doi:10.31228/osf.io/djbcz.
  • Chuang, Richard (1996). "The Chinese Military and Hong Kong". Asian Affairs: An American Review. 22 (4): 211–223. doi:10.1080/00927678.1996.9933711. JSTOR 30172258.
  • Evans, J. M. (1972). "Immigration Act 1971". The Modern Law Review. 35 (5): 508–524. doi:10.1111/j.1468-2230.1972.tb02363.x. JSTOR 1094478.
  • Hansen, Randall (1999). "The Politics of Citizenship in 1940s Britain: The British Nationality Act". Twentieth Century British History. 10 (1): 67–95. doi:10.1093/tcbh/10.1.67.
  • Harris, Peter (1986). "Hong Kong Confronts 1997: An Assessment of the Sino-British Agreement". Pacific Affairs. 59 (1): 45–68. doi:10.2307/2759003. JSTOR 2759003.
  • Hau, Milia (2021). "The Official Mind of British Post-Imperialism: Influencing Parliamentary Opinions during the Anglo-Chinese Negotiations on the Future of Hong Kong, 1982-84". The International History Review. 43 (6): 1198–1216. doi:10.1080/07075332.2021.1876135.
  • "Hong Kong: Future". Parliamentary Debates (Hansard). Vol. 452. United Kingdom: House of Lords. 21 May 1984. Retrieved 5 August 2021.
  • Johnson, Chalmers (September 1984). "The Mousetrapping of Hong Kong: A Game in Which Nobody Wins". Asian Survey. 24 (9): 887–909. doi:10.2307/2644075. JSTOR 2644075. S2CID 154160559.
  • Main Report (PDF). 1996 Population By-Census (Report). Census and Statistics Department. December 1996. (PDF) from the original on 13 October 2018. Retrieved 10 January 2019.
  • Roy, Sunil C. (1985). "The Hong Kong Agreement: An Assessment". China Report. 21 (2): 169–172. doi:10.1177/000944558502100205. S2CID 154486233.
  • So, Alvin Y. (April 1986). "The Economic Success of Hong Kong: Insights from a World-System Perspective". Sociological Perspectives. 29 (2): 241–258. doi:10.2307/1388960. JSTOR 1388960. S2CID 144799098.
  • Tam, Maria Wai-chu; Chan, Eugene Kin-keung; Choi Kwan, Janice Wing-kum; Leung, Gloria Chi-kin; Lo, Alexandra Dak-wai; Tang, Simon Shu-pui (2012). "Drafting and Promulgation of the Basic Law and Hong Kong's Reunification with the Motherland" (PDF). The Basic Law and Hong Kong – The 15th Anniversary of Reunification with the Motherland. Working Group on Overseas Community of the Basic Law Promotion Steering Committee. OCLC 884571397. Retrieved 5 August 2021.
  • Wesley-Smith, Peter (May 1997). "The Future of Hong Kong: Not What It Used to Be". Vanderbilt Journal of Transnational Law. 30 (3): 421–448.
  • Yui, Chim Lo (2020). "The Last Stand of Colonialism? The Unofficial Members of the Executive and Legislative Councils and the Sino-British Negotiations Over Hong Kong, 1982–1984". The Journal of Imperial and Commonwealth History. 48 (2): 370–394. doi:10.1080/03086534.2019.1689620. S2CID 211456201.

News articles

  • Breuninger, Kevin; Macias, Amanda (14 July 2020). "China vows retaliation after Trump slaps sanctions on it for interference in Hong Kong". CNBC. Retrieved 30 October 2021.
  • Burns, John F. (20 December 1984). "Hong Kong Accord Signed in Peking". The New York Times. Retrieved 5 August 2021.
  • Cheung, Gary (2 January 2010). "Deng kept his HK options open in 1979". South China Morning Post. Retrieved 7 August 2021.
  • Cheung, Gary (4 July 2019). "What is the Sino-British Joint Declaration?". South China Morning Post. from the original on 1 October 2019. Retrieved 1 October 2019.
  • "China says Sino-British Joint Declaration on Hong Kong no longer has meaning". Reuters. 30 June 2017. from the original on 2 July 2017. Retrieved 2 July 2017.
  • Connor, Neil (30 June 2017). "China says legally binding Hong Kong handover treaty with Britain has 'no practical significance'". The Daily Telegraph. from the original on 29 January 2018. Retrieved 5 April 2018.
  • Cooper, Charlie (1 July 2020). "UK triggers Hong Kong citizenship offer". Politico. Retrieved 29 October 2021.
  • Graham–Harrison, Emma; Kuo, Lily; Davidson, Helen (3 June 2020). "China accuses UK of gross interference over Hong Kong citizenship offer". The Guardian. Retrieved 29 October 2021.
  • Lau, Jessie (13 March 2021). "Less Democracy, More 'Patriots': Hong Kong's New Electoral System". The Diplomat. Retrieved 29 October 2021.
  • Lau, Stuart (27 August 2019). "US President Donald Trump says he believes China sincerely seeks a trade deal". South China Morning Post. Reuters. from the original on 26 August 2019. Retrieved 26 August 2019.
  • Phillips, Tom (30 June 2017). "China attacks Boris Johnson over 'incorrect' views on Hong Kong". The Guardian. from the original on 1 July 2017. Retrieved 1 July 2017.
  • Qin, Amy (1 June 2020). "China Offers Measured Response to Trump's Move on Hong Kong". The New York Times. Retrieved 29 October 2021.
  • Savage, Michael (13 March 2021). "Hong Kong: UK accuses China of breaching joint declaration". The Guardian. Retrieved 29 October 2021.
  • Sheridan, Michael (24 June 2007). "Revealed: the Hong Kong invasion plan". The Times. Retrieved 5 August 2021.
  • Tsoi, Grace (18 December 2014). "Does China Think the Sino-British Joint Declaration Is Void?". Foreign Policy. from the original on 2 December 2019. Retrieved 6 January 2020.
  • Wong, Natalie; Cheung, Gary; Sum, Lok-kei (17 April 2020). "Beijing's liaison office says it has right to handle Hong Kong affairs, as provided by constitution and Basic Law". South China Morning Post. Retrieved 30 October 2021.
  • Wren, Christopher S. (23 September 1982a). "Mrs. Thatcher Meets Zhao in Peking". The New York Times. Retrieved 5 August 2021.
  • Wren, Christopher S. (1 October 1982b). "China Calls Hong Kong Pacts Invalid". The New York Times. Retrieved 5 August 2021.
  • Wren, Christopher S. (17 July 1984a). "Hong Kong Stew: And Now a Dash of Democracy". The New York Times. Retrieved 5 August 2021.
  • Wren, Christopher S. (26 September 1984b). "Hong Kong Accord Initialed in China". The New York Times. Retrieved 5 August 2021.
  • Yan, Sophia (9 July 2019). "Hong Kong leader Carrie Lam declares extradition bill 'dead' – but stops short of withdrawing it". The Daily Telegraph. from the original on 22 September 2019. Retrieved 1 October 2019.

Legislation and treaty law

Further reading

  • Mark, Chi-kwan (2017). "To 'educate' Deng Xiaoping in capitalism: Thatcher's visit to China and the future of Hong Kong in 1982". Cold War History 17.2: 1–20. doi:10.1080/14682745.2015.1094058.
  • Tang, James T. H. (May 1994). "From empire defence to imperial retreat: Britain's postwar China policy and the decolonization of Hong Kong". Modern Asian Studies 28.02: 317–337. JSTOR 312889.

April 26, 2023
sino, british, joint, declaration, treaty, between, united, kingdom, china, signed, 1984, setting, conditions, which, hong, kong, transferred, chinese, control, governance, territory, after, july, 1997, joint, declaration, government, united, kingdom, great, b. The Sino British Joint Declaration is a treaty between the United Kingdom and China signed in 1984 setting the conditions in which Hong Kong was transferred to Chinese control and for the governance of the territory after 1 July 1997 Sino British Joint DeclarationJoint 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 KongThe Great Hall of the People in Beijing where the Joint Declaration was signedContextAgreement on the future of Hong KongDraftedJune September 1984Signed19 December 1984LocationGreat Hall of the People Beijing People s Republic of ChinaEffective27 May 1985ConditionExchange of ratificationsNegotiatorsBritish delegation led by Percy Craddock and Richard Evans Chinese delegation led by Yao Guang and Zhou NanSignatoriesMargaret Thatcher Prime Minister of the United Kingdom Zhao Ziyang Premier of the State Council of People s Republic of ChinaParties United Kingdom People s Republic of ChinaLanguagesEnglish ChineseFull textSino British Joint Declaration at WikisourceSino British Joint DeclarationTraditional Chinese中英聯合聲明Simplified Chinese中英联合声明TranscriptionsStandard MandarinHanyu PinyinZhōng Ying Lianhe ShengmingWade GilesChung1 Ying1 Lien2 ho2 Sheng1 ming2HakkaRomanizationZung1 Yin1 Lien2hap6 Sang1min2Yue CantoneseYale RomanizationJung ying lyuhnhahp singmihngJyutpingZung1 Jing1 Lyun4hap6 Sing1ming4IPA tsʊ ŋjɪ ŋ ly ːnhɐ p ɕɪ ŋmɪ ŋ 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 KongTraditional Chinese大不列顛及北愛爾蘭聯合王國政府和中華人民共和國政府關於香港問題的聯合聲明Simplified Chinese大不列颠及北爱尔兰联合王国政府和中华人民共和国政府关于香港问题的联合声明TranscriptionsStandard MandarinHanyu PinyinZhōnghua Renmin Gongheguo zhengfŭ he Da Buliedian ji Bei Ai erlan Lianhe Wangguo zhengfŭ guanyu Xianggǎng Wenti de Lianhe ShengmingHakkaRomanizationZung1fa2 Ngin2min2 Kiung4fo2get5 or gok5 zin4fu3 fo2 Tai4 But5liet6dien1 kip6 Bet5 Oi4li3 or ni3 lan2 Lien2hap6 Vong2get5 or gok5 zin4fu3 gan1yi1 Hiong1gong3 Mun4ti2 dit5 or e4 Lien2hap6 Sang1min2Yue CantoneseYale RomanizationJungwaah Jahnmahn Guhngwohgwok jing fu woh daaih bak liht din kahp bak oi yih laahn lyuhn hahp wohng gwok jing fu gwaan yu heung gong mahn taih dik lyuhn hahp sing mihngJyutpingZung1waa4 Jan4man4 Gung6wo4gwok3 zing3fu2 wo4 Daai6 Bak1lit6din1 kap6 Bak1 Oi3ji5laan4 Lyun4hap6 Wong4gwok3 zing3fu2 gwaan1jyu1 Hoeng1gong2 Man6tai4 dik1 Lyun4hap6 Sing1ming4Hong Kong had been a colony of the British Empire since 1842 after the First Opium War and its territory was expanded on two occasions first in 1860 with the addition of Kowloon Peninsula and Stonecutters Island and again in 1898 when Britain obtained a 99 year lease for the New Territories The date of the handover in 1997 marked the end of this lease The Chinese government declared in the treaty its basic policies for governing Hong Kong after the transfer A special administrative region would be established in the territory that would be self governing with a high degree of autonomy except in foreign affairs and defence Hong Kong would maintain its existing governing and economic systems separate from that of mainland China under the principle of one country two systems This blueprint would be elaborated on in the Hong Kong Basic Law the post handover regional constitution and the central government s policies for the territory were to remain unchanged for a period of 50 years after 1997 China has stated since 2014 that it considers the treaty to be spent with no further legal effect while the United Kingdom maintains that the document remains binding in operation Following China s 2020 imposition of national security legislation on Hong Kong and a 2021 National People s Congress decision to approve a rework of local election laws that reduces the number of regional legislature seats elected by the public the UK has declared China as being in a state of ongoing non compliance with the Joint Declaration Contents 1 Background 1 1 Phases of colonial expansion 1 2 Potential lease renegotiations 1 3 Coexistence with the People s Republic 1 4 Approaching deadline 2 Negotiations 2 1 Sovereignty after 1997 2 2 British attempt to extend administration 2 3 Nationality and the Joint Liaison Group 3 Content 3 1 Main text 3 2 Annex I Chinese basic policies for Hong Kong 3 3 Annex II Sino British Joint Liaison Group 3 4 Annex III Land leases 3 5 Memoranda on nationality 4 Post agreement 4 1 Contemporary reactions 4 2 Initial period after 1997 transfer 4 3 Dispute over treaty s continued binding status 5 See also 6 References 6 1 Citations 6 2 General and cited sources 6 2 1 Publications 6 2 2 News articles 6 2 3 Legislation and treaty law 7 Further readingBackground EditMain articles British Hong Kong History of Hong Kong and China United Kingdom relations Phases of colonial expansion Edit See also Treaty of Nanking Convention of Peking and Convention for the Extension of Hong Kong Territory Britain acquired Hong Kong Island in 1842 Kowloon Peninsula in 1860 and leased the New Territories in 1898 for 99 years Hong Kong became a British colony in 1842 after the Qing dynasty s defeat in the First Opium War The territory initially consisted only of Hong Kong Island and was expanded to include Kowloon Peninsula and Stonecutters Island in 1860 after another Qing loss in the Second Opium War 1 After this addition the British government resisted calls by colonial officials and merchants for further expansion into China deciding to cease territorial acquisitions in the area However as Germany Japan and Russia coerced China into granting concessions in the late 1890s Britain considered another expansion of Hong Kong to bolster the colony s defence against attack from these other great powers 2 When France obtained a lease for Guangzhouwan only 210 miles away from Hong Kong 3 Britain entered into negotiations with the Qing to acquire the New Territories as a compensatory concession The British negotiator considered the 99 year lease term to be sufficiently suggestive that the ceded area would be a permanent cession 4 which was granted rent free 5 Potential lease renegotiations Edit Hong Kong Governor Frederick Lugard first proposed renegotiating the lease as a formal cession in 1909 in return for restoring Weihaiwei to China Although the Colonial and Foreign Offices considered this the plan was never brought to the Chinese government before Weihaiwei was transferred to the Republic of China in 1930 Alternate plans that involved offering China a substantial loan and settling land disputes on the Burmese border were suggested but these ideas similarly did not progress past discussion The start of the Second World War and ensuing Japanese occupation of Hong Kong stifled further debate on obtaining a cession 6 The British government initially prepared for the possibility of having to relinquish Hong Kong after the war but moved towards retaining the colony over the course of the conflict Hong Kong returned to British control in 1945 7 8 In the immediate post war period the Nationalist government continued this dialogue with the British about the future of Hong Kong which included discussions of a full retrocession and proposals of turning the colony into an international city However communist victory in the Chinese Civil War made a transfer of Hong Kong to the Nationalists an increasingly unlikely scenario and the status quo was maintained 9 Coexistence with the People s Republic Edit Although communist troops marched up to the border with Hong Kong they did not try to forcefully take the colony Initial engagement between the colonial and new Chinese authorities were largely friendly and cooperative While it was clear that the long term goal of the communists was to absorb the territory they chose to take no action on the issue in the near term The Chinese were content with the political status of the colony for the time being so long as no efforts were made to introduce democratic development in the territory they were simply hostile to the idea of a potentially independent Hong Kong 10 In 1972 China successfully petitioned the United Nations to remove Hong Kong from its list of non self governing territories and declared that the colony was a Chinese territory under British administration The United Kingdom did not raise any objections to this and the local population did not think the move was significant but the implication of this change was that Communist China alone would determine the territory s future excluding the people of Hong Kong 11 Post war Hong Kong experienced rapid economic growth through the 1950s as it industrialised into a manufacturing based export economy 12 This development continued through the following decades bolstered by a strong trading network robust banking and financial systems and an educated and growing workforce supplemented by continuing immigration from mainland China 13 As the Cultural Revolution embroiled mainland China beginning in 1966 local communists in Hong Kong started a series of demonstrations against colonial rule that escalated into the 1967 Hong Kong riots 14 However the disturbances never gained local support and the subsequent restoration of public order conversely resulted in the colonial government achieving increased popularity among the territory s residents 15 By the late 1970s Hong Kong had become one of the largest trading ports and financial centers in the world 16 Urban Hong Kong in 1980 Approaching deadline Edit Local investors began expressing their concern in the mid 1970s over the long term viability of continued real estate investment The colonial government could not legally grant new land leases in the New Territories past 1997 and needed to resolve the uncertainty with the Chinese government 17 During an official visit to Beijing in March 1979 Governor Murray MacLehose raised the issue with Vice Premier Deng Xiaoping MacLehose suggested setting aside the 1997 date for land leases and replacing those contracts with ones that were valid for as long as British administration continued in the colony Deng rejected this suggestion but he informed the governor that while sovereignty over Hong Kong belonged to China the territory held a special status that would continue to be respected 18 MacLehose informed the public that further investment would be safe Market reaction was optimistic stock valuations rose and further investment in real estate boosted the value of Hong Kong s land to the highest in the world 19 Just before the start of formal negotiations with China over Hong Kong Parliament enacted a major reform of British nationality law the British Nationality Act 1981 Prior to the passage of this Act all citizens of the British Empire including Hongkongers held a common nationality 20 Citizens of the United Kingdom and Colonies CUKCs previously had the unrestricted right to enter and live in the UK until 1962 21 although non white immigration was systemically discouraged 22 Immigration from the colonies and other Commonwealth countries was gradually restricted by Parliament from 1962 to 1971 amid decolonisation when British citizens originating from outside of the British Islands first had immigration controls imposed on them when entering the UK 23 The 1981 Act reclassified CUKCs into different nationality groups based on their ancestry and birthplace 24 and the vast majority of British citizens in Hong Kong became British Dependent Territories citizens BDTCs with right of abode only in Hong Kong 25 Only those reclassified as British citizens held an automatic right to live in the United Kingdom 26 Negotiations EditFormal negotiations began in September 1982 with the arrival of British Prime Minister Margaret Thatcher and Hong Kong Governor Edward Youde in Beijing to meet with Chinese Premier Zhao Ziyang and paramount leader Deng Xiaoping 27 In the initial phase of negotiations from October 1982 to June 1983 the main point of contention was the issue of sovereignty 28 29 The goals of the Chinese government were made clear from the beginning of the process 30 China would resume both sovereignty and administration over Hong Kong in 1997 31 32 It would do this by force if necessary 28 but preferred to keep the territory s socioeconomic climate stable to maximize the economic benefits it could reap from the transfer 33 Its proposed plan was to establish a special administrative region in the territory that would be governed by local residents and to maintain the existing structures of government and economy in place for as long as 50 years 31 Constitutional arrangements had already been made to implement this plan and the Chinese would not accept anything less than a full reversion of Hong Kong 29 31 Sovereignty after 1997 Edit During her first visit to Beijing Thatcher asserted the continuing validity of British treaty rights for the sovereignty of Hong Kong 30 34 The British began negotiations believing that they could secure an extension of the New Territories lease while retaining sovereignty of the ceded areas 31 Although the UK had just successfully defended its hold on the Falkland Islands in a war against Argentina Hong Kong s proximity to mainland China made a military defence of the territory impossible 35 Thatcher later recounted that Deng had told her directly I could walk in and take the whole lot this afternoon to which she replied There is nothing I could do to stop you but the eyes of the world would now know what China is like 36 British Prime Minister Margaret Thatcher and Chinese Premier Zhao Ziyang signatories to the Joint Declaration The Chinese pushed back against the assertion of sovereignty rights and insisted that it was not bound by the 19th century unequal treaties that ceded Hong Kong to the UK 30 37 Even if the two sides had agreed on the binding nature of the Treaty of Nanking and Convention of Peking the vast majority of the colony s land still would have reverted to China at the conclusion of the New Territories lease 38 Because most of the territory s industry was developed there separating the leased area and returning only that part of the colony to China was economically and logistically infeasible 34 Negotiations were stalled until Britain conceded that it would relinquish sovereignty over the entire territory 28 British attempt to extend administration Edit In the second phase of negotiations the British attempted to negotiate an extension of their administration in Hong Kong past 1997 in exchange for their acknowledgement of Chinese sovereignty This was again soundly rejected by the Chinese as unacceptable 39 The continued stalled state of negotiations precipitated a drop in investor confidence causing a sharp decline in local property values 37 that culminated with the crash of the Hong Kong dollar s value on Black Saturday in September 1983 39 The talks were entirely conducted without meaningful input from the people of Hong Kong 40 Early in the process British officials had used the analogy of a three legged stool to describe a scenario where Hong Kong was party to the negotiations with Britain and China The Chinese government dismissed this idea claiming that it already represented the interests of the people of Hong Kong 28 41 Local residents were apprehensive about the prospect of being handed over to Chinese rule and overwhelmingly preferred that Hong Kong remain a British territory 28 contemporary opinion polls show that 85 per cent of residents favoured this option 42 The Foreign Office rejected holding a general referendum on the future of the colony due to vehement opposition from the Chinese 43 and because it assumed that educating the public on the complexity of the issue would be too difficult 44 Although the Unofficial Members of the Executive and Legislative Councils had repeatedly petitioned the British negotiators to insist on continued administration for as long as possible they were ultimately unsuccessful 45 By November 1983 the British accepted that they would have no further authority over Hong Kong after 1997 46 Nationality and the Joint Liaison Group Edit Negotiations in 1984 centred on nationality and the role of the Joint Liaison Group British negotiators and Hong Kong Executive Council members wanted to ensure the continued status of Hongkongers as British Dependent Territories citizens BDTCs after the transfer of sovereignty but the Chinese would not allow this and even demanded that further granting of BDTC status be halted immediately 47 Although there were debates in the British Parliament on granting all residents British Overseas citizenship that could be transferred to children for up to two generations after 1997 48 this was not implemented and the Joint Declaration instead provided for a new status to be created 49 The Chinese initially wanted the Joint Liaison Group to act as an oversight committee during the transition period of administering Hong Kong up to the handover date 50 At the insistence of Governor Youde and Executive Council members the group was limited in its scope to be strictly advisory 50 51 A bilateral working group was created in June 1984 to draft the text of the treaty and its annexes This was completed in three months 52 and on 26 September 1984 a draft copy of the Joint Declaration was initialed by British Ambassador to China Richard Evans and Chinese Vice Foreign Minister Zhou Nan 53 The final version was signed on 19 December 1984 by Prime Minister Thatcher and Premier Zhao in the Great Hall of the People in Beijing 54 the treaty came into force when instruments of ratification were exchanged on 27 May 1985 55 and was registered at the United Nations by both governments on 12 June 1985 56 Content EditThe Joint Declaration consists of its main text Annex I elaborating the Chinese government s basic policies for Hong Kong Annex II concerning plans for the Sino British Joint Liaison Group Annex III explaining protections for land leases granted by the colonial government and two memoranda from each party describing transitional nationality arrangements for local residents 57 58 Main text Edit In the main text of the treaty the Chinese government declared its intention to resume the exercise of its sovereignty over the entire area of Hong Kong including the ceded areas of Hong Kong Island and Kowloon Peninsula as well as the leased New Territories on 1 July 1997 59 and the British government agreed to transfer control of the territory on that date 60 China stated its basic policies for administering the returned area it would establish a special administrative region that would be autonomous in governing local affairs The economic social governing and legal systems would remain basically unchanged from as they existed under colonial administration Hong Kong would remain a separate customs territory with free flow of capital Civil and property rights would remain protected after the transfer of sovereignty 61 During the transition period from the date the treaty came into force until 30 June 1997 the United Kingdom would continue to be responsible for administering Hong Kong with the objective of maintaining its economic prosperity and social stability 62 Annex I Chinese basic policies for Hong Kong Edit The first annex of the treaty elaborates on the Chinese government s basic policies for Hong Kong There are 14 policies listed in Annex I providing a framework under which the post handover government would be established 63 This part of the Joint Declaration provides for economic and administrative continuity through the transfer of sovereignty 64 Executive legislative and judicial powers would be devolved by the central government to the special administrative region which is given a high degree of autonomy in exercising those powers in all areas except for defence and diplomatic affairs The region retains the ability to maintain separate economic and cultural relations with foreign nations Socialism as practised in mainland China would not be extended to Hong Kong and the territory s capitalist economy and the civil liberties of its residents such as freedom of speech assembly and religion would be protected and remain unchanged for 50 years 65 The territory would be allowed to maintain its separate financial markets the Hong Kong dollar remains the regional currency 66 In the areas of civil aviation and maritime shipping Hong Kong would continue as a separate entity from the mainland 67 Education and the maintenance of public order would be the regional government s responsibility 68 Right of abode in Hong Kong and immigration matters remain separate from mainland China and the region could issue its own passports 69 All of these policies would be further detailed in the Hong Kong Basic Law which would stipulate the framework in which the new special administrative region would function 65 Annex II Sino British Joint Liaison Group Edit The second annex of the treaty provided for the establishment of the Sino British Joint Liaison Group consisting of diplomats from both governments 70 to facilitate ongoing dialogue for the implementation of the Joint Declaration and a smooth transfer of government 71 This group was strictly intended to be a channel of close communication for both parties and did not have authority to supervise or participate in the administration of the territory 72 The Joint Liaison Group was given two specific objectives during the period between its establishment and the transfer of sovereignty In the first half of this period it would consider actions necessary to maintain Hong Kong s status as a separate customs territory and ensure continuity of its international rights and obligations 73 During the second half leading up to the handover the Liaison Group would consider actions needed to ensure a successful transition in 1997 and assist the incoming regional government in developing relations and agreements with other countries and international organisations for economic and cultural purposes 74 The mandate for this group ended on 1 January 2000 75 Annex III Land leases Edit The third annex of the treaty dealt with the validity of land leases granted by the colonial Hong Kong government All existing land lease contracts continue to be recognised by the post handover SAR government 76 All leases without options of renewal that expired before 30 June 1997 could be extended for periods lasting no later than 30 June 2047 77 New leases granted by the colonial government after the treaty came into force could last no longer than the 2047 date 78 and were subject to a 50 hectare annual aggregate limit on the total amount of land the government could contract out for purposes other than for housing 79 A Land Commission consisting of an equal number of representatives from the British and Chinese governments was established to oversee the implementation of this annex until the transfer of sovereignty in 1997 80 Memoranda on nationality Edit See also British nationality law and Hong Kong and Chinese nationality law The memoranda attached to the end of the treaty contains transitional nationality arrangements for local residents which included a stipulation that a new nationality would be created for Hongkongers that did not confer right of abode in the United Kingdom 49 The Hong Kong Act 1985 created the British National Overseas status to fulfil this requirement 81 All British Dependent Territories citizens BDTCs connected with Hong Kong who did not have a connection with a remaining British Dependent Territory would lose that status on the day of the transfer in 1997 82 Ethnic Chinese Hongkongers became Chinese nationals and could only retain British nationality if they had registered as BN O s before the handover 83 Although they were permitted to use British passports for international travel after the transfer ethnic Chinese BN O s were explicitly restricted from accessing British consular protection within the Hong Kong SAR or any other part of Chinese territory 84 Residents who were not ethnically Chinese had not registered as BN O s and would have been stateless on that date automatically became British Overseas citizens 83 Post agreement EditContemporary reactions Edit The signing of the Joint Declaration caused some controversy in Britain because UK s Conservative Party Prime Minister Margaret Thatcher was agreeing with China s Communist government represented by Deng Xiaoping 85 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 a statement meant as a rebuttal to criticisms that the declaration had made too many concessions to China and hinting at China s significant leverage during the negotiations 85 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 85 Initial period after 1997 transfer Edit See also Handover of Hong Kong In the immediate years following the transfer of sovereignty Chinese oversight of Hong Kong was considered relatively benign and hands off 86 87 Although the Chinese had reversed the last British democratic reforms for Legislative Council elections 88 general governance of the region was otherwise virtually unchanged 89 While most organisations with royal patronage dropped this association prior to the handover there was no strict requirement for renaming the Royal Hong Kong Yacht Club and Royal Asiatic Society Hong Kong Branch maintain the Royal prefix in their names 90 Colonial era street names and postbox royal cyphers are not actively removed by the government and remain unchanged 91 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 followed the points of the declaration 92 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 93 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 93 With this and other changes 93 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 94 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 95 Dispute over treaty s continued binding status Edit See also Hong Kong Mainland conflict The Chinese and Hong Kong governments have stated since 2014 that they consider the Joint Declaration to have ceased any legal effect after the transfer of sovereignty and that the central government s basic policies as elaborated in the document were a unilateral statement not actually binding These statements are directly contradicted by the 50 year period of unchanged policies in Hong Kong that the central government committed to as part of the Joint Declaration 96 Former LegCo president and Standing Committee member Rita Fan has asserted that Britain s supervisory responsibility over the Joint Declaration s implementation lapsed when the Sino British Joint Liaison Group disbanded in 2000 97 The United Kingdom United States and G7 maintain that the Joint Declaration remains valid and in force 98 The Foreign Office has labelled the Causeway Bay Books disappearances in 2015 99 enactment of the Hong Kong national security law in 2020 100 disqualification of opposition Legislative Council candidates in 2020 101 and electoral reform in 2021 as serious breaches of the treaty 102 Since 2021 the UK has considered China to be in a state of ongoing non compliance with the Joint Declaration 103 China disregards accusations of Joint Declaration breaches as foreign interference and neocolonist tampering 104 105 and considers Hong Kong matters to be part of its internal affairs 106 107 Chinese foreign ministry spokespersons have repeatedly stated that the United Kingdom lacks supervisory authority over Hong Kong following the handover in 1997 and that the treaty is a historical document with no extant binding authority 108 109 110 The central government s primary regional agency the Hong Kong Liaison Office declared in April 2020 that it was exempt from Basic Law restrictions on mainland government interference in local affairs 111 Following China s imposition of national security legislation on Hong Kong in 2020 the UK extended residence rights and created a new path to citizenship for Hong Kong residents with British National Overseas status 112 The Chinese government derided this change as gross interference 106 and subsequently withdrew recognition of BN O passports as valid travel documents in 2021 113 The United States enacted the Hong Kong Autonomy Act in response to the national security law 114 and imposed economic sanctions on 34 individuals that the US State and Treasury Departments determined to have materially contributed to Joint Declaration breaches The list of sanctioned persons includes Chief Executive Carrie Lam principal officials of the Hong Kong government and members of the Standing Committee of the National People s Congress 115 116 See also EditJoint Declaration on the Question of MacauReferences EditCitations Edit Carroll 2007 pp 16 21 24 Carroll 2007 pp 67 69 Becker 2019 p 182 Becker 2019 pp 191 192 Carroll 2007 p 69 Wesley Smith 1997 pp 423 424 Wesley Smith 1997 p 425 Carroll 2007 pp 127 129 Wesley Smith 1997 pp 427 429 435 Wesley Smith 1997 pp 436 441 Carroll 2007 pp 176 177 Carroll 2007 pp 143 144 Carroll 2007 pp 162 163 Carroll 2007 pp 150 153 Carroll 2007 pp 156 158 So 1986 p 241 Carroll 2007 p 177 Cheung 2010 Carroll 2007 pp 177 178 Hansen 1999 p 78 Hansen 1999 p 71 Hansen 1999 p 90 Evans 1972 British Nationality Act 1981 1996 Population By Census p 31 British Nationality Act 1981 s 11 Wren 1982a a b c d e Carroll 2007 p 180 a b Harris 1986 p 48 a b c Wren 1982b a b c d Johnson 1984 p 898 Chuang 1996 p 211 Carroll 2007 p 179 a b Chan 2003 p 500 Roy 1985 p 169 Sheridan 2007 a b Carroll 2007 p 178 Johnson 1984 p 896 a b Johnson 1984 pp 898 899 Johnson 1984 p 900 Wren 1984a Cheng 1984 p 117 Johnson 1984 p 902 Hau 2021 p 8 Yui 2020 pp 374 376 Johnson 1984 p 899 Yui 2020 pp 376 377 Lord Geddes Hong Kong Future col 112 115 a b Sino British Joint Declaration United Kingdom Memorandum a b Carroll 2007 p 181 Yui 2020 p 377 Tam et al 2012 p 13 Wren 1984b Burns 1984 No 50150 The London Gazette 12 June 1985 p 8075 The Joint Declaration Constitutional and Mainland Affairs Bureau Retrieved 29 October 2021 The Joint Declaration and Its Implementation Constitutional and Mainland Affairs Bureau 1 July 2007 Retrieved 4 August 2021 Sino British Joint Declaration Sino British Joint Declaration s 1 Sino British Joint Declaration s 2 Sino British Joint Declaration s 3 Sino British Joint Declaration s 4 Sino British Joint Declaration Annex I Sino British Joint Declaration Annex I art I VI a b Sino British Joint Declaration Annex I art I Sino British Joint Declaration Annex I art VII Sino British Joint Declaration Annex I art VIII IX Sino British Joint Declaration Annex I art X XII Sino British Joint Declaration Annex I art XIII Sino British Joint Declaration Annex II s 7 Sino British Joint Declaration Annex II s 1 Sino British Joint Declaration Annex II s 6 Sino British Joint Declaration Annex II s 4 Sino British Joint Declaration Annex II s 5 Sino British Joint Declaration Annex II s 8 Sino British Joint Declaration Annex III s 1 Sino British Joint Declaration Annex III s 2 Sino British Joint Declaration Annex III s 3 Sino British Joint Declaration Annex III s 4 Sino British Joint Declaration Annex III s 7 Hong Kong Act 1985 The Hong Kong British Nationality Order 1986 ss 3 4 a b British National Overseas and British Dependent Territories Citizens PDF Archived PDF from the original on 11 December 2018 Retrieved 8 January 2019 Sino British Joint Declaration Chinese Memorandum a b c Sino British Joint Declaration Hong Kong Baptist University p 29 Archived from the original on 8 December 2003 Retrieved 8 August 2011 Bamber David 23 July 2000 Hong Kong smugglers rely on UK passports The Daily Telegraph Archived from the original on 10 December 2018 Retrieved 19 July 2021 Hillman Jeremy 5 July 2000 Hong Kong Gateway to the West BBC News Archived from the original on 27 November 2020 Retrieved 19 July 2021 Carroll 2007 p 200 Fenby Jonathan 1 July 2007 Hong Kong s business as usual The Guardian Retrieved 3 March 2022 Crowell Todd 10 June 1996 A Battle Royal Rocks Imperial Yacht Club The Christian Science Monitor Retrieved 3 March 2022 Cheng Kris 20 April 2018 Colonial street names and royal cyphers on postboxes will not be removed says Hong Kong gov t Hong Kong Free Press Retrieved 3 March 2022 McLaren Robin Hong Kong 1997 2007 a personal perspective Archived 24 June 2011 at the Wayback Machine retrieved at 17 April 2010 a b c Ching Frank The System Works More or Less 1 January 2006 Archived 14 April 2009 at the Wayback Machine Hong Kong s business as usual The Guardian 1 July 2007 Archived from the original on 6 March 2016 Retrieved 13 December 2016 Keith Bradsher 7 June 2007 World Briefing Asia China Reminds Hong Kong Who s Boss Archived 4 March 2016 at the Wayback Machine The New York Times New York online Cheung 2015 p 529 Tsoi 2014 Lau 2019 The Six monthly Report on Hong Kong 1 July to 31 December 2015 PDF Report 11 February 2016 p 3 Retrieved 29 October 2021 National security legislation in Hong Kong Foreign Secretary s statement in Parliament Press release Foreign and Commonwealth Office 1 July 2020 Retrieved 29 October 2021 Foreign Secretary declares breach of Sino British Joint Declaration Press release Foreign and Commonwealth Office 12 November 2020 Lau 2021 Savage 2021 Cheung 2019 Yan 2019 a b Graham Harrison Kuo amp Davidson 2020 Qin 2020 Connor 2017 Phillips 2017 China says Sino British Joint Declaration on Hong Kong no longer has meaning Reuters Wong Cheung amp Sum 2020 Cooper 2020 HKSAR Government follows up on China s countermeasures against British Government s handling of issues related to British National Overseas passport Press release Government of Hong Kong 29 January 2021 Archived from the original on 9 February 2021 Retrieved 8 February 2021 Breuninger amp Macias 2020 Identification of Foreign Persons Involved in the Erosion of the Obligations of China Under the Joint Declaration or the Basic Law Press release United States Department of State 14 October 2020 Archived from the original on 15 October 2020 Retrieved 30 October 2021 Update to Report on Identification of Foreign Persons Involved in the Erosion of the Obligations of China Under the Joint Declaration or the Basic Law Press release United States Department of State 16 March 2021 Retrieved 30 October 2021 General and cited sources Edit Publications Edit Becker Bert 2019 French Kwang Chow Wan and British Hong Kong Politics and Shipping 1890s 1920s In Fitcher James R ed British and French Colonialism in Africa Asia and the Middle East Cambridge Imperial and Post Colonial Studies Springer pp 181 221 doi 10 1007 978 3 319 97964 9 9 ISBN 978 3 319 97963 2 S2CID 201357213 Carroll John 2007 A Concise History of Hong Kong Rowman amp Littlefield ISBN 978 0 7425 3422 3 Chan Ming K 2003 Different Roads to Home the retrocession of Hong Kong and Macau to Chinese sovereignty Journal of Contemporary China 12 36 493 518 doi 10 1080 10670560305473 S2CID 925886 Cheng Joseph Y S July 1984 The Future of Hong Kong Surveys of the Hong Kong People s Attitudes The Australian Journal of Chinese Affairs 12 12 113 142 doi 10 2307 2158991 JSTOR 2158991 S2CID 156510817 Cheung Alvin Y H 2015 Road to Nowhere Hong Kong s Democratization and China s Obligations Under Public International Law Brooklyn Journal of International Law Brooklyn Law School 40 2 465 545 doi 10 31228 osf io djbcz Chuang Richard 1996 The Chinese Military and Hong Kong Asian Affairs An American Review 22 4 211 223 doi 10 1080 00927678 1996 9933711 JSTOR 30172258 Evans J M 1972 Immigration Act 1971 The Modern Law Review 35 5 508 524 doi 10 1111 j 1468 2230 1972 tb02363 x JSTOR 1094478 Hansen Randall 1999 The Politics of Citizenship in 1940s Britain The British Nationality Act Twentieth Century British History 10 1 67 95 doi 10 1093 tcbh 10 1 67 Harris Peter 1986 Hong Kong Confronts 1997 An Assessment of the Sino British Agreement Pacific Affairs 59 1 45 68 doi 10 2307 2759003 JSTOR 2759003 Hau Milia 2021 The Official Mind of British Post Imperialism Influencing Parliamentary Opinions during the Anglo Chinese Negotiations on the Future of Hong Kong 1982 84 The International History Review 43 6 1198 1216 doi 10 1080 07075332 2021 1876135 Hong Kong Future Parliamentary Debates Hansard Vol 452 United Kingdom House of Lords 21 May 1984 Retrieved 5 August 2021 Johnson Chalmers September 1984 The Mousetrapping of Hong Kong A Game in Which Nobody Wins Asian Survey 24 9 887 909 doi 10 2307 2644075 JSTOR 2644075 S2CID 154160559 Main Report PDF 1996 Population By Census Report Census and Statistics Department December 1996 Archived PDF from the original on 13 October 2018 Retrieved 10 January 2019 Roy Sunil C 1985 The Hong Kong Agreement An Assessment China Report 21 2 169 172 doi 10 1177 000944558502100205 S2CID 154486233 So Alvin Y April 1986 The Economic Success of Hong Kong Insights from a World System Perspective Sociological Perspectives 29 2 241 258 doi 10 2307 1388960 JSTOR 1388960 S2CID 144799098 Tam Maria Wai chu Chan Eugene Kin keung Choi Kwan Janice Wing kum Leung Gloria Chi kin Lo Alexandra Dak wai Tang Simon Shu pui 2012 Drafting and Promulgation of the Basic Law and Hong Kong s Reunification with the Motherland PDF The Basic Law and Hong Kong The 15th Anniversary of Reunification with the Motherland Working Group on Overseas Community of the Basic Law Promotion Steering Committee OCLC 884571397 Retrieved 5 August 2021 Wesley Smith Peter May 1997 The Future of Hong Kong Not What It Used to Be Vanderbilt Journal of Transnational Law 30 3 421 448 Yui Chim Lo 2020 The Last Stand of Colonialism The Unofficial Members of the Executive and Legislative Councils and the Sino British Negotiations Over Hong Kong 1982 1984 The Journal of Imperial and Commonwealth History 48 2 370 394 doi 10 1080 03086534 2019 1689620 S2CID 211456201 News articles Edit Breuninger Kevin Macias Amanda 14 July 2020 China vows retaliation after Trump slaps sanctions on it for interference in Hong Kong CNBC Retrieved 30 October 2021 Burns John F 20 December 1984 Hong Kong Accord Signed in Peking The New York Times Retrieved 5 August 2021 Cheung Gary 2 January 2010 Deng kept his HK options open in 1979 South China Morning Post Retrieved 7 August 2021 Cheung Gary 4 July 2019 What is the Sino British Joint Declaration South China Morning Post Archived from the original on 1 October 2019 Retrieved 1 October 2019 China says Sino British Joint Declaration on Hong Kong no longer has meaning Reuters 30 June 2017 Archived from the original on 2 July 2017 Retrieved 2 July 2017 Connor Neil 30 June 2017 China says legally binding Hong Kong handover treaty with Britain has no practical significance The Daily Telegraph Archived from the original on 29 January 2018 Retrieved 5 April 2018 Cooper Charlie 1 July 2020 UK triggers Hong Kong citizenship offer Politico Retrieved 29 October 2021 Graham Harrison Emma Kuo Lily Davidson Helen 3 June 2020 China accuses UK of gross interference over Hong Kong citizenship offer The Guardian Retrieved 29 October 2021 Lau Jessie 13 March 2021 Less Democracy More Patriots Hong Kong s New Electoral System The Diplomat Retrieved 29 October 2021 Lau Stuart 27 August 2019 US President Donald Trump says he believes China sincerely seeks a trade deal South China Morning Post Reuters Archived from the original on 26 August 2019 Retrieved 26 August 2019 Phillips Tom 30 June 2017 China attacks Boris Johnson over incorrect views on Hong Kong The Guardian Archived from the original on 1 July 2017 Retrieved 1 July 2017 Qin Amy 1 June 2020 China Offers Measured Response to Trump s Move on Hong Kong The New York Times Retrieved 29 October 2021 Savage Michael 13 March 2021 Hong Kong UK accuses China of breaching joint declaration The Guardian Retrieved 29 October 2021 Sheridan Michael 24 June 2007 Revealed the Hong Kong invasion plan The Times Retrieved 5 August 2021 Tsoi Grace 18 December 2014 Does China Think the Sino British Joint Declaration Is Void Foreign Policy Archived from the original on 2 December 2019 Retrieved 6 January 2020 Wong Natalie Cheung Gary Sum Lok kei 17 April 2020 Beijing s liaison office says it has right to handle Hong Kong affairs as provided by constitution and Basic Law South China Morning Post Retrieved 30 October 2021 Wren Christopher S 23 September 1982a Mrs Thatcher Meets Zhao in Peking The New York Times Retrieved 5 August 2021 Wren Christopher S 1 October 1982b China Calls Hong Kong Pacts Invalid The New York Times Retrieved 5 August 2021 Wren Christopher S 17 July 1984a Hong Kong Stew And Now a Dash of Democracy The New York Times Retrieved 5 August 2021 Wren Christopher S 26 September 1984b Hong Kong Accord Initialed in China The New York Times Retrieved 5 August 2021 Yan Sophia 9 July 2019 Hong Kong leader Carrie Lam declares extradition bill dead but stops short of withdrawing it The Daily Telegraph Archived from the original on 22 September 2019 Retrieved 1 October 2019 Legislation and treaty law Edit British Nationality Act 1981 legislation gov uk The National Archives 1981 c 61 Hong Kong Act 1985 legislation gov uk The National Archives 1985 c 15 Sino British Joint Declaration Instrument A301 The Hong Kong British Nationality Order 1986 legislation gov uk The National Archives SI 1986 948Further reading EditMark Chi kwan 2017 To educate Deng Xiaoping in capitalism Thatcher s visit to China and the future of Hong Kong in 1982 Cold War History 17 2 1 20 doi 10 1080 14682745 2015 1094058 Tang James T H May 1994 From empire defence to imperial retreat Britain s postwar China policy and the decolonization of Hong Kong Modern Asian Studies 28 02 317 337 JSTOR 312889 Portals Hong Kong United Kingdom China Retrieved from https en wikipedia org w index php title Sino British Joint Declaration amp oldid 1150038951, wikipedia, wiki, book, books, library,

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