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Basic Law Institute chairman Alan Hoo calls for the UK to declassify records of the Sino-British Joint Liaison Group from the 1980s and '90s. Photo: David Wong

Britain 'must disclose deals made with China before the handover of Hong Kong'

Basic Law Institute chairman Alan Hoo says this is particularly important for issues such as political reform and right of abode

Britain has been called upon to "come clean" on agreements it struck with China before the handover on controversial issues such as universal suffrage and right of abode.

Basic Law Institute chairman Alan Hoo SC, said the British government had been criticising China for adopting positions on matters which were the subject of agreements between the two countries in the 1980s and '90s.

Britain had provided the blueprint for the city's political system, including contentious elements such as functional constituencies and gradual democratic reform, he added.

"It is pretty appalling if the British government does not come clean on the suggestions on political development it made based on 150 years of experience in governing Hong Kong, which China largely accepted," said Hoo.

He renewed a call for the UK to declassify records of the Sino-British Joint Liaison Group from that period, which he said would reveal the positions of both sides. "They should set the record straight," he said.

His comments were made as the House of Commons Foreign Affairs Committee continued its inquiry into whether China had breached the 1984 Sino-British Joint Declaration, which laid the foundations for the handover.

Hoo said there was no basis in international law for the parliamentary committee to come to Hong Kong to take evidence on how "one country, two systems" was working.

"They wanted a roadshow in Hong Kong during Occupy Central. It would have been politicians coming here to grandstand on universal suffrage. It was a recipe for disaster," he added.

The trip did not go ahead because China refused permission for the delegation to enter Hong Kong.

There has been much debate about the status of the Joint Declaration, which was signed 30 years ago last week.

Constitutional affairs minister Raymond Tam Chi-yuen stated in the Legislative Council earlier this month that Beijing alone promised to keep Hong Kong's way of life intact for 50 years and that Britain had "no moral duty" towards its former colony.

Hoo said the Joint Declaration placed responsibilities on both Britain and China. But the declaration was "spent" when the Basic Law, which adopted its terms, came into effect on July 1, 1997.

Britain's duty was to ensure that China's basic policies on Hong Kong, set out in the declaration, were faithfully implemented in the Basic Law, which it did when the country's parliament debated the final draft of the mini-constitution in 1989, said Hoo.

Britain also had a responsibility to tell Hong Kong people what the legislative intent was behind each and every article of the Basic Law, "especially when it comes from a Joint Declaration or JLG agreement", he added. Hoo also said Britain had a monitoring role in ensuring that basic policies continued for 50 years.

A spokesperson for the Foreign and Commonwealth Office said a recent change of policy meant the British government was now looking at files over 20 years old with a view to releasing them, including files on Hong Kong.

"However, the Joint Declaration states that proceedings of the Joint Liaison Group shall remain confidential unless otherwise agreed," the Foreign Office spokesperson said.

"The UK government remains fully committed to the Sino-British Joint Declaration. We believe that Hong Kong's success is underpinned by its autonomy, rights and freedoms, guaranteed by the Joint Declaration, which enshrined the commitment of the governments of the United Kingdom and the People's Republic of China to Hong Kong's prosperity, stability and way of life, in accordance with the 'one country, two systems' principle."

Hoo said some JLG records, such as those concerning right of abode, had already effectively been declassified because they had been turned into legislation. The records should therefore be released to provide a complete picture, he added.

This article appeared in the South China Morning Post print edition as: U.K. urged to disclose China deals
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