sino-british joint declaration

jun20

The European Parliament went even further by adopting a resolution calling for the European Union to bring China to the International Court of Justice, accusing China of violating the Joint Declaration.

Argumentos chineses: Therefore, after the execution of all paragraphs of the Joint Declaration, the UK has no sovereignty, jurisdiction or "right of supervision" over Hong Kong any more. The UK alleges that China's decision to enact a national security law for Hong Kong is in conflict with the Joint Declaration; however, it fails to explain persuasively why such a decision violates China's obligation under the instrument, nor is it able to elaborate which obligation or obligations is/are breached by the decision in question. herefore, the U.S. does not, and should not, have the right to monitor the implementation of the Joint Declaration to which it is not a party.  the Joint Declaration is NOT relevant to the national security law in Hong Kong.

As long as the law is enacted and promulgated pursuant to the Constitution of the PRC and the Basic Law of the HKSAR, its legitimacy cannot be challenged. Foreign countries are not entitled to interfere with China's decision to impose the national security law on the HKSAR on the grounds of the Joint Huo Zhengxin is a professor of law at the China University of Political Science and LawDeclaration. https://news.cgtn.com/news/2020-06-24/The-Joint-Declaration-is-not-relevant-to-HK-national-security-law-RzTchv8VkQ/index.html

2017: China said on Friday the joint declaration with Britain over Hong Kong, which laid the blueprint over how the city would be ruled after its return to China in 1997, was a historical document that no longer had any practical significance. Lu Foreign Ministry spokesman Lu Kang told reporters during a regular briefing on Friday that the document no longer binds China. “Now Hong Kong has returned to the motherland’s embrace for 20 years, the Sino-British Joint Declaration, as a historical document, no longer has any practical significance, and it is not at all binding for the central government’s management over Hong Kong. The UK has no sovereignty, no power to rule and no power to supervise Hong Kong after the handover,” Lu said. https://www.reuters.com/article/us-hongkong-anniversary-china/china-says-sino-british-joint-declaration-on-hong-kong-no-longer-has-meaning-idUSKBN19L1J1

Foreign Ministry Spokesperson Hua Chunying's Regular Press Conference on June 8, 2020

2020/06/08The Sino-British Joint Declaration is an important document concerning Hong Kong's return to China and relevant arrangements during the transition period. It consists of eight paragraphs and three annexes. Paragraph 1 stipulates that China resumes the exercise of sovereignty over Hong Kong. Paragraph 2 provides that the UK restores Hong Kong to China. After Hong Kong's return to China, these two paragraphs have been completely fulfilled. Paragraph 3 and Annex I are principled explanation and detailed elaboration by the Chinese side of our policies regarding Hong Kong. They are China's statement of policies. Paragraph 4 to 6 as well as Annex II and III stipulate arrangements for the two countries during the transition period. Paragraph 7 and 8 are about the Joint Declaration's implementation and entry into force. With the return of Hong Kong and the completion of follow-up matters, all UK-related provisions have already been fulfilled. The legal basis for implementing "one country, two systems", including for the Hong Kong-related national security legislation, is China's Constitution and the Basic Law, not the Sino-British Joint Declaration. https://www.fmprc.gov.cn/mfa_eng/xwfw_665399/s2510_665401/t1787042.shtml

10/6: O Ministério das Relações Exteriores resolveu seis falácias representativas. Em resposta à falácia da "legislação de segurança nacional relacionada a Hong Kong viola a" Declaração Conjunta Sino-Britânica "e viola as obrigações internacionais da China", o Ministério das Relações Exteriores apontou que a base legal para o governo do governo chinês em Hong Kong é a Constituição Chinesa e a Lei Básica de Hong Kong, que nada tem a ver com a "Declaração Conjunta Sino-Britânica". .O Ministério das Relações Exteriores declarou que, com o retorno de Hong Kong à China em 1997, todas as disposições da "Declaração Conjunta Sino-Britânica" relacionadas ao lado britânico foram cumpridas. A Política Básica de Hong Kong na "Declaração Conjunta Sino-Britânica" é uma declaração da política da China e foi totalmente refletida na Lei Básica formulada pelo Congresso Nacional do Povo. A declaração de política relevante da China não é um compromisso do lado britânico, e essas políticas não mudaram, e a China continuará aderindo a ela. https://www.chinanews.com/gn/2020/06-10/9208845.shtml

Claim: The Sino-British Joint Declaration is an historic document and has no relevance: China News published on 10 June. Response: The Sino-British Joint Declaration, as it is known, was registered with the United Nations on 12 June 1985 as a legally-binding international treaty that remains in force today.
This agreement between the UK and China made clear that Hong Kong’s high-degree of autonomy, rights and freedom would remain unchanged for 50 years - until 2047 - with limited exceptions such as foreign affairs and defence. The declaration states: “The current social and economic systems in Hong Kong will remain unchanged, and so will the lifestyle”, including essential “rights and freedoms”.
The undertakings made by China, including the right to freedom of expression, an independent judiciary and the rule of law are important to Hong Kong’s prosperity and way of life. https://www.gov.uk/government/news/hong-kong-hong-kong-myth-busting-article

Jun20
U.K. Prime Minister Boris Johnson, in a Wednesday op-ed in the South China Morning Post, said the U.K. will expand immigration rights for roughly 2.9 million Hong Kong residents if Beijing proceeds with its controversial national security law in Hong Kong. Johnson said the security law lies “in direct conflict” with Beijing’s obligations under the Sino-British Joint Declaration, the 1984 treaty between China and the U.K. that laid out the terms of Hong Kong’s switch from British to Chinese sovereignty in 1997. The threat was the most forceful yet from the U.K. in the matter of Hong Kong’s autonomy, guaranteed in the 1984 treaty under the “one country, two systems” policy separating Hong Kong’s economy and administration from mainland China’s. Before Wednesday, the U.K. had been relatively quiet on the matter. https://fortune.com/2020/06/04/us-enforce-hong-kong-handover-uk-china/

"If they've broken the (Sino-British) Joint Declaration, if they've thrown it overboard, how can they then use the joint declaration as though it stops us doing something that's a sovereign right of ours?" said Patten, now chancellor of the University of Oxford, in an online talk with reporters. The declaration is a bilateral treaty signed as part of the handover process. China has essentially declared it null and void, while Britain says Beijing is reneging on its commitments made in the document that was supposed to be remain in effect until 2047. https://www.startribune.com/patten-says-china-pursuing-orwellian-agenda-in-hong-kong/571045242/

CHINA: The Sino-British Joint Declaration does not give Britain the right to interfere in Hong Kong affairs after Hong Kong returns to China, the spokesperson said, stressing that Britain has no sovereignty, jurisdiction or right of "supervision" over Hong Kong. Britain and any other foreign countries have no qualification to refer to the Sino-British Joint Declaration to justify interference in Hong Kong affairs, the spokesperson said. http://www.xinhuanet.com/english/2020-06/04/c_139111900.htm

Lord Patten, the last British governor of Hong Kong, said: “This decision, which rides roughshod over Hong Kong’s elected legislature, marks the end of ‘one country, two systems’. It is a flagrant breach of the Sino-British joint declaration – a treaty lodged at the United Nations – and Hong Kong’s mini constitution, the Basic Law. “It will throttle the city’s rule of law, presenting a major confrontation between what passes for law in China and the common law system in Hong Kong, which has allowed the city to function as one of most important financial hubs in Asia. The separation of powers is in danger of being shattered and the courts politicised by the provision that the chief executive will herself choose the judges for national security cases.” https://www.theguardian.com/world/2020/jun/30/european-leaders-condemn-china-over-deplorable-hong-kong-security-bill

Unsurprisingly, many Hongkongers were skeptical of the Declaration before the handover. In response, Britain brought in international experts to make the case that the Declaration was internationally binding. One argument was that both countries registered the Declaration to the United Nations, so China is expected to act accordingly. However, while the United Nations requires member states to register all bilateral agreements for record-keeping purposes, it has no monitoring mechanism over the agreements. Was the British government aware of the Declaration’s lack of power to hold China accountable? According to a declassified file at the British Foreign Office (FCO 40/3624), the British government, after the 1989 Tiananmen Square incident, consulted with international law experts on what Britain could do if China violated the Declaration before 1997—the answer was not much.  The remaining question is: if the declaration is really broken unilaterally, will Britain fulfil its self-claimed moral responsibility to the people of Hong Kong? Simon Chen https://hongkongfp.com/2020/06/19/will-the-uk-take-responsibility-for-the-defects-in-hong-kongs-handover-deal/