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Raymond Tam argues that Britain has "no moral duty" towards its former colony Hong Kong. Photo: Dickson Lee

Update | Hong Kong minister says China alone pledged to keep city's way of life intact

Minister lambasted for claiming pledge to protect freedoms was not a matter for Britain

The constitutional affairs minister is under fire after claiming that Beijing alone promised to keep Hong Kong's way of life intact for 50 years, rather than forming part of its deal with Britain.

Arguing that Britain has "no moral duty" towards its former colony, Raymond Tam Chi-yuen gave his interpretation of the key concept in the 1984 Joint Declaration that paved the way for the 1997 handover and underpinned "one country, two systems".

The comments come amid an inquiry by British lawmakers into the implementation of the declaration which - against the backdrop of the Occupy protests and battle over political reform - infuriated Beijing and the Hong Kong government, who say the city's affairs are a domestic matter.

Taking questions in the Legislative Council yesterday, Tam reiterated earlier remarks by the Foreign Ministry that Britain had "no sovereignty over, no governance of, and no superintendence" over the city after 1997.

Democrat Albert Ho Chun-yan asked Tam: "If Hong Kong matters are all domestic affairs as you said, what did [Britain and China] sign the Joint Declaration for? Is the no-change-in-50-years part of the declaration?"

Ho was referring to Article 3 of the treaty, which states that certain basic policies of the People's Republic of China towards Hong Kong, including rights and freedoms for Hongkongers, "will remain unchanged for 50 years".

"That article is a declaration by the PRC, not a joint one with London," Tam said. "We have to look at the articles carefully."

Tam's reading of the treaty was "ridiculous", Democratic Party chairwoman Emily Lau Wai-hing said after the meeting.

"China and Britain signed the Joint Declaration to try to reassure the jittery Hong Kong people their lifestyles would be guaranteed for 50 years," Lau said. "If Beijing does not respect this treaty … how can other countries be confident that Beijing will not renounce other treaties?"

Professor Michael Davis, of the University of Hong Kong, said Tam's argument "erased the essential purpose of the treaty" and was "nonsense and has no basis in international law". It ignored the fact one article of the treaty stipulated London and Beijing "agreed to implement" all articles. It was "incredible" that "the autonomous government in Hong Kong wants to degrade the very basis for its autonomy".

Meanwhile, a long-awaited second round of consultation on political reform could be announced on January 7, Tam said.

On Wednesday, Tam added that the 1984 Sino-British Joint Declaration had finished its “historic mission” of returning Hong Kong’s sovereignty to China and ensuring the city’s stability in the “transitional period” before the 1997 handover.

In response to BBC Chinese’s request for comment on Tam’s remarks, the British Foreign Office said: “We believe that Hong Kong’s success is based on the Joint Declaration’s promise about the autonomy, rights and freedoms in Hong Kong.

“The Joint Declaration also manifested the promises and guarantees that Britain and China made, based on the principle of ‘one country, two systems’, about Hong Kong’s prosperity, stability and way of life.”

However, BBC Chinese did not specify whether the foreign office was asked to comment on Tam’s claim that Beijing alone promised to keep Hong Kong’s way of life intact for 50 years, rather than forming part of its deal with Britain.

This article appeared in the South China Morning Post print edition as: 'Beijing alone' made 50-year promise
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