Hong Kong's Transition to Chinese Rule

The Limits of Autonomy

Ralf Horlemann

• Publisher: Routledge
• Year: 2003
• Print ISBN:
  9780415296816
• eBook ISBN:
  9781134434107
• Topic: History
• Subtopic: 20th Century History
• Index: History

Following the return of Hong Kong to Chinese sovereignty, it appears that the 'high degree of autonomy' promised to Hong Kong is limited in many ways. China's reservations about the development of democracy in Hong Kong lies at the heart of the problem. The conceptual inadequacies set out in the Basic Law, Hong Kong's mini-constitution, show a correlation between a lack of democracy and a loss of autonomy. This book argues that genuine autonomy from the central government in Beijing is impossible without a democratic system in Hong Kong. Developments since the handover have, however, demonstrated that democratic trends have been halted and even reversed and that democracy is not likely to be established in Hong Kong in the near future.

ANNEX 1

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 Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China have reviewed with satisfaction the friendly relations existing between the twoGovernments and peoples in recent years and agreed that a proper negotiated settlement of the question of Hong Kong, which is left over from the past, is conducive to the maintenance of the prosperity and stability of Hong Kong and to the further strengthening and development of the relations between the two countries on a new basis. To this end, they have, after talks between the delegations of the two Governments, agreed to declare as follows:

1. The Government of the People’s Republic of China declares that to recover the Hong Kong area (including Hong Kong Island, Kowloon and the New Territories, hereinafter referred to as Hong Kong) is the common aspiration of the entire Chinese people, and that it has decided to resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997.
2. The Government of the United Kingdom declares that it will restore Hong Kong to the People’s Republic of China with effect from 1 July 1997.
3. The Government of the People’s Republic of China declares that the basic policies of the People’s Republic of China regarding Hong Kong are as follows:
   (1) Upholding national unity and territorial integrity and taking account of the history of Hong Kong and its realities, the People’s Republic of China has decided to establish, in accordance with the provisions of Article 31 of the Constitution of the People’s Republic of China, a Hong Kong Special Administrative Region upon resuming the exercise of sovereignty over Hong Kong.
   (2) The Hong Kong Special Administrative Region will be directly under the authority of the Central People’s Government of the People’s Republic of China. The Hong Kong Special Administrative Region will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People’s Government.
   (3) The Hong Kong Special Administrative Region will be vested with executive, legislative and independent judicial power, including that of final adjudication. The laws currently in force in Hong Kong will remain basically unchanged.
   (4) The Government of the Hong Kong Special Administrative Region will be composed of local inhabitants. The chief executive will be appointed by the Central People’s Government on the basis of the results of elections or consultations to be held locally. Principal officials will be nominated by the chief executive of the Hong Kong Special Administrative Region for appointment by the Central People’s Government. Chinese and foreign nationals previously working in the public and police services in the government departments of Hong Kong may remain in employment. British and other foreign nationals may also be employed to serve as advisers or hold certain public posts in government departments of the Hong Kong Special Administrative Region.
   (5) The current social and economic systems in Hong Kong will remain unchanged, and so will the life-style. Rights and freedoms, including those of the person, of speech, of the press, of assembly, of association, of travel, of movement, of correspondence, of strike, of choice of occupation, of academic research and of religious belief will be ensured by law in the Hong Kong Special Administrative Region. Private property, ownership of enterprises, legitimate right of inheritance and foreign investment will be protected by law.
   (6) The Hong Kong Special Administrative Region will retain the status of a free port and a separate customs territory.
   (7) The Hong Kong Special Administrative Region will retain the status of an international financial centre, and its markets for foreign exchange, gold, securities and futures will continue. There will be free flow of capital. The Hong Kong dollar will continue to circulate and remain freely convertible.
   (8) The Hong Kong Special Administrative Region will have independent finances. The Central People’s Government will not levy taxes on the Hong Kong Special Administrative Region.
   (9) The Hong Kong Special Administrative Region may establish mutually beneficial economic relations with the United Kingdom and other countries, whose economic interests in Hong Kong will be given due regard.
   (10) Using the name of ‘Hong Kong, China’, the Hong Kong Special Administrative Region may on its own maintain and develop economic and cultural relations and conclude relevant agreements with states, regions and relevant international organisations. The Government of the Hong Kong Special Administrative Region may on its own issue travel documents for entry into and exit from Hong Kong.
   (11) The maintenance of public order in the Hong Kong Special Administrative Region will be the responsibility of the Government of the Hong Kong Special Administrative Region.
   (12) The above-stated basic policies of the People’s Republic of China regarding Hong Kong and the elaboration of them in Annex I to this Joint Declaration will be stipulated, in a Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, by the National People’s Congress of the People’s Republic of China, and they will remain unchanged for 50 years.
4. he Government of the United Kingdom and the Government of the People’s Republic of China declare that, during the transitional period between the date of the entry into force of this Joint Declaration and 30 June 1997, 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; and that the Government of the People’s Republic of China will give its cooperation in this connection.
5. The Government of the United Kingdom and the Government of the People’s Republic of China declare that, in order to ensure a smooth transfer of government in 1997, and with a view to the effective implementation of this Joint Declaration, a Sino-British Joint Liaison Group will be set up when this Joint Declaration enters into force; and that it will be established and will function in accordance with the provisions of Annex II to this Joint Declaration.
6. The Government of the United Kingdom and the Government of the People’s Republic of China declare that land leases in Hong Kong and other related matters will be dealt with in accordance with the provisions of Annex III to this Joint Declaration.
7. The Government of the United Kingdom and the Government of the People’s Republic of China agree to implement the preceding declarations and the Annexes to this Joint Declaration.
8. This Joint Declaration is subject to ratification and shall enter into force on the date of the exchange of instruments of ratification, which shall take place in Beijing before 30 June 1985. This Joint Declaration and its Annexes shall be equally binding.

Done in duplicate at Beijing on 19 December 1984 in the English and Chinese languages, both texts being equally authentic.

(Signed)	(Signed)
For the Government of the United Kingdom of Great Britain and Northern Ireland	For the Government of the People’s Republic of China

Annex I

2 Elaboration by the Government of the People’s Republic of China of the Basic Policies regarding Hong Kong

The Government of the People’s Republic of China elaborates the basic policies of the People’s Republic of China regarding Hong Kong as set out in paragraph 3 of 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 as follows:

I.	Constitution
II.	Legal System
III.	Judicial System
IV.	Public Service
V.	Finance
VI.	Economic System
VII.	Monetary System
VIII.	Shipping
IX.	Civil Aviation
X.	Education
XI.	Foreign Affairs
XII.	Education
XIII.	Basic Rights and Freedom
XIV.	Right of Abode, Travel, Immigration

I. Constitution

Establishment of the Hong Kong S.A.R. The Basic Law

The Constitution of the People’s Republic of China stipulates in Article 31 that the state may establish special administrative regions when necessary. The systems to be instituted in special administrative regions shall be prescribed by laws enacted by the National People’s Congress in the light of the specific conditions. In accordance with this Article, the People’s Republic of China shall, upon the resumption of the exercise of sovereignty over Hong Kong on 1 July 1997, establish the Hong Kong Special Administrative Region of the People’s Republic of China. The National People’s Congress of the People’s Republic of China shall enact and promulgate a Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (hereinafter referred to as the Basic Law) in accordance with the Constitution of the People’s Republic of China, stipulating that after the establishment of the Hong Kong Special Administrative Region the socialist system and socialist policies shall not be practised in the Hong Kong Special Administrative Region and that Hong Kong’s previous capitalist system and life-style shall remain unchanged for 50 years.

The Hong Kong Special Administrative Region shall be directly under the authority of the Central People’s Government of the People’s Republic of China and shall enjoy a high degree of autonomy. Except for foreign and defence affairs which are the responsibilities of the Central People’s Government, the Hong Kong Special Administrative Region shall be vested with executive, legislative and independent judicial power, including that of final adjudication. The Central People’s Government shall authorise the Hong Kong Special Administrative Region to conduct on its own those external affairs specified in Section XI of this Annex.

Chief Executive. Principal Officials. The Legislature

The government and legislature of the Hong Kong Special Administrative Region shall be composed of local inhabitants. The chief executive of the Hong Kong Special Administrative Region shall be selected by election or through consultations held locally and be appointed by the Central People’s Government. Principal officials (equivalent to Secretaries) shall be nominated by the chief executive of the Hong Kong Special Administrative Region and appointed by the Central People’s Government. The legislature of the Hong Kong Special Administrative Region shall be constituted by elections. The executive authorities shall abide by the law and shall be accountable to the legislature.

Language

In addition to Chinese, English may also be used in organs of government and in the courts in the Hong Kong Special Administrative Region.

Regional flag and emblem

Apart from displaying the national flag and national emblem of the People’s Republic of China, the Hong Kong Special Administrative Region may use a regional flag and emblem of its own.

II. Legal System

Laws previously in force

After the establishment of the Hong Kong Special Administrative Region, the laws previously in force in Hong Kong (i.e. the common law, rules of equity, ordinances, subordinate legislation and customary law) shall be maintained, save for any that contravene the Basic Law and subject to any amendment by the Hong Kong Special Administrative Region legislature.

Legislative power

The legislative power of the Hon...

Table of contents

• Cover
• Half Title
• English-language Series of the Institute of Asian Affairs, Hamburg
• Full Title
• Copyright
• Contents
• List of Tables
• Preface
• Acknowledgements
• Abbreviations
• Hong Kong as a British Colony
• From the Joint Declaration to the Basic Law (1984-1989)
• Tiananmen and the Consequences (1989-1992)
• Patten's Reforms and China's Reaction (1992-1997)
• The Hong Kong Special Administrative Region of China
• The Hong Kong SAR Four Years after the Handover
• The need for political reforms
• Bibliography
• Annex 1 Sino-British Joint Declaration 1984
• Annex 2 Basic Law of the Hong Kong Special Administrative Region and Related NPC Decisions
• Annex 3 Exchange of Letters between the British and Chinese Sides in 1990
• Annex 4 Participation of the Hong Kong SAR in International Organisations and Bodies
• Annex 5 Members of the Hong Kong SAR Government 2001
• Annex 6 Members of the Executive Council 2001
• Annex 7 The Work of the Legislative Council 1984-2001
• Annex 8 Members of the Legislative Council 2000-2001
• Annex 9 The Composition of the Legislative Council 1984-2004
• Annex 10 Legislative Council Elections in 1998 and 2000
• Annex 11 Reunification Ordinance 1997
• Annex 12 Rules for Members of the Selection Committee
• Annex 13 Rules of Procedure of the HKSAR Legislative Council
• Index