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
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
WHOLE DOCUMENT
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 two Governments
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 con-
ducive 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 organizations. 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. The 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.
For the For the
Government of the United Kingdom Government of the
of Great Britain and Northern Ireland People's Republic of China
Margrate Thatcher Zhao Ziyang
ANNEX I: ELABORATION BY THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA OF ITS 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.
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.
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.
In addition to Chinese, English may also be used in organs of government
and in the courts in the Hong Kong Special Administrative Region.
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.
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. The
legislative power of the Hong Kong Special Administrative Region shall be
vested in the Legislature of the Hong Kong Special Administrative Region.
The legislature may on its own authority enact laws in accordance with the
provisions of the Basic Law and legal procedures, and report them to the
Standing Committee of the National People's Congress for the record. Laws
enacted by the legislature which are in accordance with the Basic Law and
legal procedures shall be regarded as valid.
The laws of the Hong Kong Special Administrative Region shall be the Basic
Law, and the laws previously in force in Hong Kong and laws enacted by the
Hong Kong Special Administrative Region legislature as above.
III.
After the establishment of the Hong Kong Special Administrative Region,
the judicial system previously practised in Hong Kong shall be maintained
except for those changes consequent upon the vesting in the courts of the
Hong Kong Special Administrative Region of the power of final
adjudication.
Judicial power in the Hong Kong Special Administrative Region shall be
vested in the courts of the Hong Kong Special Administrative Region. The
courts shall exercise judicial power independently and free from any
interference. Members of the judiciary shall be immune from legal action
in respect of their judicial functions. The courts shall decide cases in
accordance with the laws of the Hong Kong Special Administrative Region
and may refer to precedents in other common law jurisdictions. Judges of
the Hong Kong Special Administrative Region courts shall be appointed by
the chief executive of the Hong Kong Special Administrative Region acting
in accordance with the recommendation of an independent commission
composed of local judges, persons from the legal profession and other
eminent persons. Judges shall be chosen by reference to their judicial
qualities and may be recruited from other common law jurisdictions. A
judge may only be removed for inability to discharge the functions of his
office, or for misbehaviour, by the chief executive of the Hong Kong
Special Administrative Region acting in accordance with the recommendation
of a tribunal appointed by the chief judge of the court of final appeal,
consisting of not fewer than three local judges. Additionally, the
appointment or removal of principal judges (i. e. those of the highest
rank) shall be made by the chief executive with the endorsement of the
Hong Kong Special Administrative Region legislature and reported to the
Standing Committee of the National People's Congress for the record. The
system of appointment and removal of judicial officers other than judges
shall be maintained.
The power of final judgment of the Hong Kong Special Administrative Region
shall be vested in the court of final appeal in the Hong Kong Special
Administrative Region, which may as required invite judges from other
common law jurisdictions to sit on the court of final appeal.
A prosecuting authority of the Hong Kong Special Administrative Region
shall control criminal prosecutions free from any interference.
On the basis of the system previously operating in Hong Kong, the Hong
Kong Special Administrative Region Government shall on its own make
provision for local lawyers and lawyers from outside the Hong Kong Special
Administrative Region to work and practise in the Hong Kong Special
Administrative Region.
The Central People's Government shall assist or authorise the Hong Kong
Special Administrative Region Government to make appropriate arrangements
for reciprocal juridical assistance with foreign states.
IV.
After the establishment of the Hong Kong Special Administrative Region,
public servants previously serving in Hong Kong in all government
department, including the police department, and members of the judiciary
may all remain in employment and continue their service with pay,
allowances, benefits and conditions of service no less favourable than
before. The Hong Kong Special Administrative Region government shall pay
to such persons who retire or complete their contracts, as well as to
those who have retired before 1 July 1997, or to their dependants, all
pensions, gratuities, allowances and benefits due to them on terms no less
favourable than before, and irrespective of their nationality or place of
residence.
The Hong Kong Special Administrative Region Government may employ British
and other foreign nationals previously serving in the public service in
Hong Kong, and may recruit British and other foreign nationals holding
permanent identity cards of the Hong Kong Special Administrative Region to
serve as public servants at all levels, except as heads of major
government departments (corresponding to branches or departments at
Secretary level) including the police department, and as deputy heads of
some of those departments. The Hong Kong Special Administrative Region
Government may also employ British and other foreign nationals as advisers
to government departments and, when there is a need, may recruit qualified
candidates from outside the Hong Kong Special Administrative Region to
professional and technical posts in government departments, The above
shall be employed only in their individual capacities and, like other
public servants, shall be responsible to the Hong Kong Special
Administrative Region Government.
The appointment and promotion of public servants shall be on the basis of
qualifications, experience and ability. Hong Kong's previous system of
recruitment, employment, assessment, discipline, training and management
for the public service (including special bodies for appointment, pay and
conditions of service) shall, save for any provisions providing privileged
treatment for foreign nationals, be maintained.
V.
The Hong Kong Special Administrative Region shall deal on its own with
financial matters, including disposing of its financial resources and
drawing up its budgets and its final accounts. The Hong Kong Special
Administrative Region shall report its budgets and final accounts to the
Central People's Government for the record. The Central People's
Government shall not levy taxes on the Hong Kong Special Administrative
Region. The Hong Kong Special Administrative Region shall use its
financial revenues exclusively for its own purposes and they shall not be
handed over to the Central People's Government. The systems by which
taxation and public expenditure must be approved by the legislature, and
by which there is accountability to the legislature for all public
expenditure, and the system for auditing public accounts shall be
maintained.
VI.
The Hong Kong Special Administrative Region shall maintain the capitalist
economic and trade systems previously practised in Hong Kong. The Hong
Kong Special Administrative Region Government shall decide its economic
and trade policies on its own. Rights concerning the ownership of
property, including those relating to acquisition, use, disposal,
inheritance and compensation for lawful deprivation (corresponding to the
real value of the property concerned, freely convertible and paid without
undue delay) shall continue to be protected by law.
The Hong Kong Special Administrative Region shall retain the status of a
free port and continue a free trade policy, including the free movement of
goods and capital. The Hong Kong Special Administrative Region may on its
own maintain and develop economic and trade relations with all states and
regions.
The Hong Kong Special Administrative Region shall be a separate customs
territory. It may participate in relevant international organisations and
international trade agreements (including preferential trade
arrangements), such as the General Agreement on Tariffs and Trade and
arrangements regarding international trade in textiles. Export quotas,
tariff preferences and other similar arrangements obtained by the Hong
Kong Special Administrative Region shall be enjoyed exclusively by the
Hong Kong Special Administrative Region. The Hong Kong Special
Administrative Region shall have authority to issue its own certificates
of origin for products manufactured locally, in accordance with prevailing
rules of origin.
The Hong Kong Special Administrative Region may, as necessary, establish
official and semi-official economic and trade missions in foreign
countries, reporting the establishment of such missions to the Central
People's Government for the record.
VII.
The Hong Kong Special Administrative Region shall retain the status of an
international financial centre. The monetary and financial systems
previously practised in Hong Kong, including the systems of regulation and
supervision of deposit taking institutions and financial markets, shall be
maintained.
The Hong Kong Special Administrative Region Government may decide its
monetary and financial policies on its own. It shall safeguard the free
operation of financial business and the free flow of capital within, into
and out of the Hong Kong Special Administrative Region. No exchange
control policy shall be applied in the Hong Kong Special Administrative
Region. Markets for foreign exchange, gold, securities and futures shall
continue.
The Hong Kong dollar, as the local legal tender, shall continue to
circulate and remain freely convertible. The authority to issue Hong Kong
currency shall be vested in the Hong Kong Special Administrative Region
Government. The Hong Kong Special Administrative Region Government may
authorise designated banks to issue or continue to issue Hong Kong
currency under statutory authority, after satisfying itself that any issue
of currency will be soundly based and that the arrangements for such issue
are consistent with the object of maintaining the stability of the
currency. Hong Kong currency bearing references inappropriate to the
status of Hong Kong as a Special Administrative Region of the People's
Republic of China shall be progressively replaced and withdrawn from
circulation.
The Exchange Fund shall be managed and controlled by the Hong Kong Special
Administrative Region Government, primarily for regulating the exchange
value of the Hong Kong dollar.
VIII.
The Hong Kong Special Administrative Region shall maintain Hong Kong's
previous systems of shipping management and shipping regulation, including
the system for regulating conditions of seamen. The specific functions and
responsibilities of the Hong Kong Special Administrative Region Government
in the field of shipping shall be defined by the Hong Kong Special
Administrative Region Government on its own. Private shipping businesses
and shipping-related businesses and private container terminals in Hong
Kong may continue to operate freely.
The Hong Kong Special Administrative Region shall be authorised by the
Central People's Government to continue to maintain a shipping register
and issue related certificates under its own legislation in the name of
"Hong Kong, China".
With the exception of foreign warships, access for which requires the
permission of the Central People's Government, ships shall enjoy access to
the ports of the Hong Kong Special Administrative Region in accordance
with the laws of the Hong Kong Special Administrative Region.
IX.
The Hong Kong Special Administrative Region shall maintain the status of
Hong Kong as a centre of international and regional aviation. Airlines
incorporated and having their principal place of business in Hong Kong and
civil aviation related businesses may continue to operate. The Hong Kong
Special Administrative Region shall continue the previous system of civil
aviation management in Hong Kong, and keep its own aircraft register in
accordance with provisions laid down by the Central People's Government
concerning nationality marks and registration marks of aircraft. The Hong
Kong Special Administrative Region shall be responsible on its own for
matters of routine business and technical management of civil aviation,
including the management of airports, the provision of air traffic
services within the flight information region of the Hong Kong Special
Administrative Region, and the discharge of other responsibilities
allocated under the regional air navigation procedures of the
International Civil Aviation Organisation.
The Central People's Government shall, in consultation with the Hong Kong
Special Administrative Region Government, make arrangements providing for
air services between the Hong Kong Special Administrative Region and other
parts of the People's Republic of China for airlines incorporated and
having their principal place of business in the Hong Kong Special
Administrative Region and other airlines of the People's Republic of
China. All Air Service Agreements providing for air services between other
parts of the People's Republic of China and other states and regions with
stops at the Hong Kong Special Administrative Region and air services
between the Hong Kong Special Administrative Region and other states and
regions with stops at other parts of the People's Republic of China shall
be concluded by the Central People's Government. For this purpose, the
Central People's Government shall take account of the special conditions
and economic interests of the Hong Kong Special Administrative Region and
consult the Hong Kong Special Administrative Region Government.
Representatives of the Hong Kong Special Administrative Region Government
may participate as members of delegations of the Government of the
People's Republic of China in air service consultations with foreign
governments concerning arrangements for such services. Acting under
specific authorisations from the Central People's Government, the Hong
Kong Special Administrative Region Government may:
-renew or amend Air Service Agreements and arrangements previously in
force; in principle, all such Agreements and arrangements may be renewed
or amended with the rights contained in such previous Agreements and
arrangements being as far as possible maintained;
-negotiate and conclude new Air Service Agreements providing routes for
airlines incorporated and having their principal place of business in the
Hong Kong Special Administrative Region and rights for over flights and
technical stops; and
-negotiate and conclude provisional arrangements
where no Air Service Agreement with a foreign state or other region is in
force.
All scheduled air services to, from or through the Hong Kong Special
Administrative Region which do not operate to, from or through the
mainland
of China shall be regulated by Air Service Agreements or provisional
arrangements referred to in this paragraph. The Central People's
Government shall give the Hong Kong Special Administrative Region
Government the authority to:
-negotiate and conclude with other authorities all arrangements
concerning the implementation of the above Air Service Agreements and
provisional arrangements; -issue licences to airlines incorporated and
having their principal place of business in the Hong Kong Special
Administrative Region;
-designate such airlines under the above Air Service Agreements and
provisional arrangements; and
-issue permits to foreign airlines for services other than those to, from
or through the mainland of China.
X
The Hong Kong Special Administrative Region shall maintain the educational
system previously practised in Hong Kong. The Hong Kong Special
Administrative Region Government shall on its own decide policies in the
fields of culture, education, science and technology, including policies
regarding the educational system and its administration, the language of
instruction, the allocation of funds, the examination system, the system
of academic awards and the recognition of educational and technological
qualifications. Institutions of all kinds, including those run by
religious and community organisations, may retain their autonomy. They may
continue to recruit staff and use teaching materials from outside the Hong
Kong Special Administrative Region. Students shall enjoy freedom of choice
of education and freedom to pursue their education outside the Hong Kong
Special Administrative Region.
XI
Subject to the principle that foreign affairs are the responsibility of
the Central People's Government, representatives of the Hong Kong Special
Administrative Region Government may participate, as members of
delegations of the Government of the People's Republic of China, in
negotiations at the diplomatic level directly affecting the Hong Kong
Special Administrative Region conducted by the Central People's
Government. The Hong Kong Special Administrative Region may on its own,
using the name "Hong Kong, China", maintain and develop relations and
conclude and implement agreements with states, regions and relevant
international organisations in the appropriate fields, including the
economic, trade, financial and monetary, shipping, communications,
touristic, cultural and sporting fields. Representatives of the Hong Kong
Special Administrative Region Government may participate, as members of
delegations of the Government of the People's Republic of China, in
international organisations or conferences in appropriate fields limited
to states and affecting the Hong Kong Special Administrative Region, or
may attend in such other capacity as may be permitted by the Central
People's Government and the organisation or conference concerned, and may
express their views in the name of "Hong Kong, China". The Hong Kong
Special Administrative Region may, using the name "Hong Kong, China",
participate in international organisations and conferences not limited to
states.
The application to the Hong Kong Special Administrative Region of
international agreements to which the People's Republic of China is or
becomes a party shall be decided by the Central People's Government, in
accordance with the circumstances and needs of the Hong Kong Special
Administrative Region, and after seeking the views of the Hong Kong
Special Administrative Region government. International agreements to
which the People's Republic of China is not a party but which are
implemented in Hong Kong may remain implemented in the Hong Kong Special
Administrative Region. The Central People's Government shall, as
necessary, authorise or assist the Hong Kong Special Administrative Region
Government to make appropriate arrangements for the application to the
Hong Kong Special Administrative Region of other relevant international
agreements. The Central People's Government shall take the necessary steps
to ensure that the Hong Kong Special Administrative Region shall continue
to retain its status in an appropriate capacity in those international
organisations of which the People's Republic of China is a member and in
which Hong Kong participates in one capacity or another. The Central
People's Government shall, where necessary, facilitate the continued
participation of the Hong Kong Special Administrative Region in an
appropriate capacity in those international organisations in which Hong
Kong is a participant in one capacity or another, but of which the
People's Republic of China is not a member. Foreign consular and other
official or semi-official missions may be established in the Hong Kong
Special Administrative Region with the approval of the Central people's
Government. Consular and other official missions established in Hong Kong
by states which have established formal diplomatic relations with the
People's Republic of China may be maintained. According to the
circumstances of each case, consular and other official missions of states
having no formal diplomatic relations with the People's Republic of China
may either be maintained or changed to semi-official missions. States not
recognised by the People's Republic of China can only establish
non-governmental institutions.
The United Kingdom may establish a Consulate-General in the Hong Kong
Special Administrative Region.
XII
The maintenance of public order in the Hong Kong Special Administrative
Region shall be the responsibility of the Hong Kong Special Administrative
Region Government. Military forces sent by the Central People's Government
to be stationed in the Hong Kong Special Administrative Region for the
purpose of defence shall not interfere in the internal affairs of the Hong
Kong Special Administrative Region. Expenditure for these military forces
shall be borne by the Central People's Government.
XIII
The Hong Kong Special Administrative Region Government shall protect the
rights and freedoms of inhabitants and other persons in the Hong Kong
Special Administrative Region according to law. The Hong Kong Special
Administrative Region Government shall maintain the rights and freedoms as
provided for by the laws previously in force in Hong Kong, including
freedom of the person, of speech, of the press, of assembly, of
association, to form and join trade unions, of correspondence, of travel,
of movement, of strike, of demonstration, of choice of occupation, of
academic research, of belief, inviolability of the home, the freedom to
marry and the right to raise a family freely. Every person shall have the
right to confidential legal advice, access to the courts, representation
in the courts by lawyers of his choice, and to obtain judicial remedies.
Every person shall have the right to challenge the actions of the
executive in the courts.
Religious organisations and believers may maintain their relations with
religious organisations and believers elsewhere, and schools, hospitals
and welfare institutions run by religious organisations may be continued.
The relationship between religious organisations in the Hong Kong Special
Administrative Region and those in other parts of the People's Republic of
China shall be based on the principles of non-subordination,
non-interference and mutual respect.
The provisions of the International Covenant on Civil and Political Rights
and the International Covenant on Economic, Social and Cultural Rights as
applied to Hong Kong shall remain in force.
XIV
The following categories of persons shall have the right of abode in the
Hong Kong Special Administrative Region and, in accordance with the law of
the Hong Kong Special Administrative Region, be qualified to obtain
permanent identity cards issued by the Hong Kong Special Administrative
Region Government, which state their right of abode: -all Chinese
nationals who were born or who have ordinarily resided in Hong Kong before
or after the establishment of the Hong Kong Special Administrative Region
for a continuous period of 7 years or more, and persons of Chinese
nationality born outside Hong Kong of such Chinese nationals;
-all other persons who have ordinarily resided in Hong Kong before or
after the establishment of the Hong Kong Special Administrative Region for
a continuous period of 7 years or more and who have taken Hong Kong as
their place of permanent residence before or after the establishment of
the Hong Kong Special Administrative Region, and persons under 21 years of
age who were born of such persons in Hong Kong before or after the
establishment of the Hong Kong Special Administrative Region;
-any other persons who had the right of abode only in Hong Kong before
the establishment of the Hong Kong Special Administrative Region.
The Central People's Government shall authorise the Hong Kong Special
Administrative Region Government to issue, in accordance with the law,
passports of the Hong Kong Special Administrative Region of the People's
Republic of China to all Chinese nationals who hold permanent identity
cards of the Hong Kong Special Administrative Region, and travel documents
of the Hong Kong Special Administrative Region of the People's Republic of
China to all other persons lawfully residing in the Hong Kong Special
Administrative Region. The above passports and documents shall be valid
for all states and regions and shall record the holder's right to return
to the Hong Kong Special Administrative Region. For the purpose of
travelling to and from the Hong Kong Special Administrative Region,
residents of the Hong Kong Special Administrative Region may use travel
documents issued by the Hong Kong Special Administrative Region
Government, or by other competent authorities of the People's Republic of
China, or of other states. Holders of permanent identity cards of the Hong
Kong Special Administrative Region may have this fact stated in their
travel documents as evidence that the holders have the right of abode in
the Hong Kong Special Administrative Region.
Entry into the Hong Kong Special Administrative Region of persons from
other parts of China shall continue to be regulated in accordance with the
present practice. The Hong Kong Special Administrative Region Government
may apply immigration controls on entry, stay in and departure from the
Hong Kong Special Administrative Region by persons from foreign states and
regions.
Unless restrained by law, holders of valid travel documents shall be free
to leave the Hong Kong Special Administrative Region without special
authorisation. The Central People's Government shall assist or authorise
the Hong Kong Special Administrative Region Government to conclude visa
abolition agreements with states or regions.
ANNEX II: SINO-BRITISH JOINT LIAISON GROUP
1. In furtherance of their common aim and in order to ensure a smooth
transfer of government in 1997, the Government of the United Kingdom and
the Government of the People's Republic of China have agreed to continue
their discussions in a friendly spirit and to develop the co-operative
relationship which already exists between the two Governments over Hong
Kong with a view to the effective implementation of the Joint Declaration.
2. In order to meet the requirements for liaison, consultation and the
exchange of information, the two Governments have agreed to set up a Joint
Liaison Group.
3. The functions of the Joint Liaison Group shall be:
(a) to conduct consultations on the implementation of the Joint
Declaration;
(b) to discuss matters relating to the smooth transfer of government in
1997;
(c) to exchange information and conduct consultations on such subjects as
may be agreed by the two sides.
Matters on which there is disagreement in the Joint Liaison Group shall be
referred to the two Governments for solution through consultations.
4. Matters for consideration during the first half of the period between
the establishment of the Joint Liaison Group and 1 July 1997 shall
include:
(a) action to be taken by the two Governments to enable the Hong Kong
Special Administrative Region to maintain its economic relations as a
separate customs territory, and in particular to ensure the maintenance of
Hong Kong's participation in the General Agreement on Tariffs and Trade,
the Multifibre Arrangement and other international arrangements; and
(b) action to be taken by the two Governments to ensure the continued
application of international rights and obligations affecting Hong Kong.
5. The two Governments have agreed that in the second half of the period
between the establishment of the Joint Liaison Group and 1 July 1997 there
will be need for closer cooperation, which will therefore be intensified
during that period. Matters for consideration during this second period
shall include:
(a) procedures to be adopted for the smooth transition in 1997;
(b) action to assist the Hong Kong Special Administrative Region to
maintain and develop economic and cultural relations and conclude
agreements on these matters with states, regions and relevant
international organisations.
6. The Joint Liaison Group shall be an organ for liaison and not an organ
of power. It shall play no part in the administration of Hong Kong or the
Hong Kong Special Administrative Region. Nor shall it have any supervisory
role over that administration. The members and supporting staff of the
Joint Liaison Group shall only conduct activities within the scope of the
functions of the Joint Liaison Group.
7. Each side shall designate a senior representative, who shall be of
Ambassadorial rank, and four other members of the group. Each side may
send up to 20 supporting staff.
8. The Joint Liaison Group shall be established on the entry into force of
the Joint Declaration. From 1 July 1988 the Joint Liaison Group shall have
its principal base in Hong Kong. The Joint Liaison Group shall continue
its work until 1 January 2000.
9. The Joint Liaison Group shall meet in Beijing, London and Hong Kong. It
shall meet at least once in each of the three locations in each year. The
venue for each meeting shall be agreed between the two sides.
10. Members of the Joint Liaison Group shall enjoy diplomatic privileges
and immunities as appropriate when in the three locations. Proceedings of
the Joint Liaison Group shall remain confidential unless otherwise agreed
between the two sides.
11. The Joint Liaison Group may by agreement between the two sides decide
to set up specialist sub-groups to deal with particular subjects requiring
expert assistance.
12. Meetings of the Joint Liaison Group and sub-groups may be attended by
experts other than the members of the Joint Liaison Group. Each side shall
determine the composition of its delegation to particular meetings of the
Joint Liaison Group or sub-group in accordance with the subject to be
discussed and the venue chosen.
13. The working procedures of the Joint Liaison Group shall be discussed
and decided upon by the two sides within the guidelines laid down in this
Annex.
ANNEX III: LAND LEASES
The Government of the United Kingdom and the Government of the People's
Republic of China have agreed that, with effect from the entry into force
of the Joint Declaration, land leases in Hong Kong and other related
matters shall be dealt with in accordance with the following provisions:
1. All leases of land granted or decided upon before the entry into force
of the Joint Declaration and those granted thereafter in accordance with
paragraph 2 or 3 of this Annex, and which extend beyond 30 June 1997, and
all rights in relation to such leases shall continue to be recognised and
protected under the law of the Hong Kong Special Administrative Region.
2. All leases of land granted by the British Hong Kong Government not
containing a right of renewal that expire before 30 June 1997, except
short term tenancies and leases for special purposes, may be extended if
the lessee so wishes for a period expiring not later than 30 June 2047
without payment of an additional premium. An annual rent shall be charged
from the date of extension equivalent to 3 per cent of the rateable value
of the property at that date, adjusted in step with any changes in the
rateable value thereafter. In the case of old schedule lots, village lots,
small houses and similar rural holdings, where the property was on 30 June
1984 held by, or, in the case of small houses granted after that date, the
property is granted to, a person descended through the male line from a
person who was in 1898 a resident of an established village in Hong Kong,
the rent shall remain unchanged so long as the property is held by that
person or by one of his lawful successors in the male line. Where leases
of land not having a right of renewal expire after 30 June 1997, they
shall be dealt with in accordance with the relevant land laws and policies
of the Hong Kong Special Administrative Region.
3. From the entry into force of the Joint Declaration until 30 June 1997,
new leases of land may be granted by the British Hong Kong Government for
terms expiring not later than 30 June 2047. Such leases shall be granted
at a premium and nominal rental until 30 June 1997, after which date they
shall not require payment of an additional premium but an annual rent
equivalent to 3 per cent of the rateable value of the property at that
date, adjusted in step with changes in the rateable value thereafter,
shall be charged.
4. The total amount of new land to be granted under paragraph 3 of this
Annex shall be limited to 50 hectares a year (excluding land to be granted
to the Hong Kong Housing Authority for public rental housing) from the
entry into force of the Joint Declaration until 30 June 1997.
5. Modifications of the conditions specified in leases granted by the
British Hong Kong Government may continue to be granted before 1 July 1997
at a premium equivalent to the difference between the value of the land
under the previous conditions and its value under the modified conditions.
6. From the entry into force of the Joint Declaration until 30 June 1997,
premium income obtained by the British Hong Kong Government from land
transactions shall, after deduction of the average cost of land
production, be shared equally between the British Hong Kong Government and
the future Hong Kong Special Administrative Region Government. All the
income obtained by the British Hong Kong Government, including the amount
of the above mentioned education, shall be put into the Capital Works
Reserve Fund for the financing of land development and public works in
Hong Kong. The Hong Kong Special Administrative Region Government's share
of the premium income shall be deposited in banks incorporated in Hong
Kong and shall not be drawn on except for the financing of land
development and public works in Hong Kong in accordance with the
provisions of paragraph 7 (d) of this Annex.
7. A Land Commission shall be established in Hong Kong immediately upon
the entry into force of the Joint Declaration. The Land Commission shall
be composed of an equal number of officials designated respectively by the
Government of the United Kingdom and the Government of the People's
Republic of China together with necessary supporting staff. The officials
of the two sides shall be responsible to their respective governments. The
Land Commission shall be dissolved on 30 June 1997.
The terms of reference of the Land Commission shall be:
(a) to conduct consultations on the implementation of this Annex;
(b) to monitor observance of the limit specified in paragraph 4 of this
Annex, the amount of land granted to the Hong Kong Housing Authority for
public rental housing, and the division and use of premium income referred
to in paragraph 6 of this Annex;
(c) to consider and decide on proposals from the British Hong Kong
Government for increasing the limit referred to in paragraph 4 of this
Annex;
(d) to examine proposals for drawing on the Hong Kong Special
Administrative Region Government's share of premium income referred to in
paragraph 6 of this Annex and to make recommendations to the Chinese side
for decision.
Matters on which there is disagreement in the Land Commission shall be
referred to the Government of the United Kingdom and the Government of the
People's Republic of China for decision.
8. Specific details regarding the establishment of the Land Commission
shall be finalised separately by the two sides through consultations.
EXCHANGE OF MEMORANDA
UNITED KINGDOM MEMORANDUM
In connection with 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 to be signed this
day, the Government of the United Kingdom declares that, subject to the
completion of the necessary amendments to the relevant United Kingdom
legislation:
(a) All persons who on 30 June 1997 are, by virtue of a connection with
Hong Kong, British Dependent Territories citizens (BDTCs) under the law in
force in the United Kingdom will cease to be BDTCs with effect from 1 July
1997, but will be eligible to retain an appropriate status which, without
conferring the right of abode in the United Kingdom, will entitle them to
continue to use passports issued by the Government of the United Kingdom.
This status will be acquired by such persons only if they hold or are
included in such a British passport issued before 1 July 1997, except that
eligible persons born on or after 1 January 1997 but before 1 July 1997
may obtain or be included in such a passport up to 31 December 1997.
(b) No person will acquire BDTC status on or after 1 July 1997 by virtue
of a connection with Hong Kong. No person born on or after 1 July 1997
will acquire the status referred to as being appropriate in sub-paragraph
(a).
(c) United Kingdom consular officials in the Hong Kong Special
Administrative Region and elsewhere may renew and replace passports of
persons mentioned in sub-paragraph (a) and may also issue them to persons,
born before 1 July 1997 of such persons, who had previously been included
in the passport of their parent.
(d) Those who have obtained or been included in passports issued by the
Government of the United Kingdom under subparagraphs (a) and (c) will be
entitled to receive, upon request, British consular services and
protection when in third countries. Beijing, 19 December 1984.
CHINESE MEMORANDUM
The Government of the People's Republic of China has received the
memorandum from the Government of the United Kingdom of Great Britain and
Northern Ireland dated 19 December 1984.
Under the Nationality Law of the People's Republic of China, all Hong Kong
Chinese compatriots, whether they are holders of the "British Dependent
Territories citizens' Passport" or not, are Chinese nationals.
Taking account of the historical background of Hong Kong and its
realities, the competent authorities of the Government of the People's
Republic of China will, with effect from 1 July 1997, permit Chinese
nationals in Hong Kong who were previously called "British Dependent
Territories citizens" to use travel documents issued by the Government of
the United Kingdom for the purpose of travelling to other states and
regions.
The above Chinese nationals will not be entitled to British consular
protection in the Hong Kong Special Administrative Region and other parts
of the People's Republic of China on account of their holding the above-
mentioned British travel documents. Beijing, 19 December 1984.
|