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Hong Kong Basic Law
OpinionLetters

Why does China take a hard line on Hong Kong? To spell out post-1997 status and quash false hopes

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The State Council’s 2014 white paper on Hong Kong reasserted Chinese sovereignty over Hong Kong and is consistent with China’s past commitment. It is an attempt to clarify the misunderstanding that the Sino-British Joint Declaration is a constitutional basis for present-day Hong Kong. Photo: Nora Tam
Letters
I refer to Professor Michael C. Davis’ opinion piece on August 16, asking: “China’s hard line on Hong Kong only undermines confidence in the city. So why do it?

The answer is obvious. A correct understanding of the legal and constitutional basis for the city’s present political existence is essential to build and maintain confidence. Conversely, constant misrepresentation of the issue only adds to the confusion and creates false expectations and unrealistic demands that ultimately undermine confidence in the stability of the present system. As a professor of law, Mr Michael Davis should have no dispute with this.

The relationship of the Sino-British Joint Declaration to Chinese policy towards post-1997 Hong Kong needs to be clarified. It is only a matter of “right and wrong”, not a matter of “hard and soft”.
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There is no dispute that the Joint Declaration is an international treaty and binding on both sides. The issue is whether the obligations under the treaty have been already fulfilled by both sides, and whether the Joint Declaration forms the legal and constitutional basis of post-1997 Hong Kong.

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