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In Beijing, chairman of the Chinese negotiating team Zhou Nan (seated right)and leader of the British side, Sir Richard Evans, sign the draft agreement of the Sino-British Joint Declaration on September 26, 1984.
Opinion
Editorial
by SCMP Editorial
Editorial
by SCMP Editorial

Promises made in Sino-British Joint Declaration must continue to be kept

  • Landmark treaty ensures Hong Kong has high degree of autonomy, protection of rights and freedoms, and ongoing capitalist system

The signing of the draft Sino-British Joint Declaration, 35 years ago this week, is a landmark in Hong Kong’s history, providing for the city’s return to China in 1997. The passage of time has not dimmed interest in or controversy over this extraordinary legal document.

Beijing marked the anniversary by restating its position that the agreement it struck with Britain in 1984 only concerns the transition, and its obligations under the treaty were fulfilled when the Basic Law came into force. Britain, however, maintains it has a continuing responsibility to ensure China keeps the promises made in the treaty, which guaranteed Hong Kong’s way of life would remain unchanged for 50 years after the handover. The document has frequently been referred to amid ongoing anti-government protests in Hong Kong. United States President Donald Trump said this week that the world expected China to honour it.

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The precise legal status of the treaty is not as important as ensuring the promises it made are kept. The document was intended to offer reassurance to Hong Kong people. It provides that the city will have a high degree of autonomy, protection of rights and freedoms and maintain its capitalist system. It laid down the blueprint for the “one country, two systems” concept and its content is largely reflected in the Basic Law. But the significance of the treaty goes further. It was signed soon after the end of the Cultural Revolution. Beijing ‘s willingness to allow Hong Kong to have a separate system embracing capitalism was considered surprising. The promises it made were viewed as compelling evidence of Beijing’s broader commitment to economic reform and opening up.

China has accepted that the joint declaration, lodged with the United Nations, is binding. What it does not accept is that the treaty gives Britain the right to have a say in Hong Kong affairs after 1997. There is, however, clearly an international dimension to the document. If Hong Kong was to enjoy the special status provided under the one country, two systems concept, that had to be recognised by the international community. The way this was done was through the signing of the joint declaration.

Beijing’s critics use the treaty to challenge its handling of Hong Kong. But they should be aware of what it says and what it does not. Universal suffrage, for example, is not mentioned. The ultimate goal of universal suffrage was added to the Basic Law at a late stage of the drafting process.

The joint declaration was signed in a constructive, pragmatic spirit signalling a new direction for China and making important promises to Hong Kong. Whatever its legal significance, the treaty continues to have relevance and its promises must be kept.

This article appeared in the South China Morning Post print edition as: Promises made in joint declaration must continue to be kept
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