How the Sino-British vow came into being

By Wu Jie

HONG KONG (Xinhua): The Hong Kong question is left over from history, having its origin in the three unequal treaties -- the Treaty of Nanking (1842), the Convention of Peking (1856) and the Convention Respecting an Extension of the Hong Kong Territory (1898) -- that Britain forced the Qing government of China to sign.

The Chinese people have always opposed these treaties. After the establishment of the People's Republic of China, the Chinese government's consistent stand on the Hong Kong question has been that:

1. Hong Kong is part of Chinese territory,

2. China does not recognize the three unequal treaties imposed on a former government of China by the British imperialists,

3. The Hong Kong question should be settled at an appropriate time through negotiation, and

4. The status quo should be maintained.

Since 1978 China has entered a new historical period where economic development takes center stage and the Chinese people have been striving for their country's modernization and reunification. With the new situation in mind, the late Chinese leader Deng Xiaoping proposed finding a solution to the Taiwan and Hong Kong questions in accordance with the concept of "one country, two systems".

That is to say, within the People's Republic of China, the Chinese mainland will continue to have a socialist system, while the existing capitalist system in Hong Kong, Macao and Taiwan will remain unchanged. And as 1997, the year when the term of lease of the "New Territories" expires, was drawing near, the British side repeatedly sounded China on its stand on a solution to the Hong Kong question. Investors in Hong Kong also expressed concern about the future of Hong Kong. These developments showed that the time was ripe for settling the Hong Kong question.

From September 1982 to September 1984, the Chinese and British governments held negotiations on the future of Hong Kong. The negotiations proceeded in two phases. In the first phase between September 1982, when British Prime Minister Margaret Thatcher visited China, and June 1983, the two sides held talks on principles and procedural issues. In the second phase from July 1983 to September 1984, delegations of the Chinese and British governments held 22 rounds of talks on specific, substantive issues.

On Sept. 24, 1982, Deng Xiaoping met with Thatcher in Beijing. Deng Xiaoping told his guest: "On the question of sovereignty, China has no room to maneuver. To be frank, the question is not open to discussion. The time is ripe for making it unequivocally clear that China will recover Hong Kong in 1997. That is to say, China will recover not only the New Territories but also Hong Kong Island and Kowloon."

After the Deng-Thatcher meeting, the two sides agreed to hold discussions through diplomatic channels on the settlement of the Hong Kong question. But for some time, the British side insisted on the "validity" of the three unequal treaties and attempted to gain the right to continue administering Hong Kong after 1997, the so-called "right of administration", in return for its recognition of Chinese sovereignty over Hong Kong. This was naturally rejected by the Chinese side. As a result, no progress was made in the first four rounds of negotiations.

In September 1983, when he met with former British prime minister Edward Heath, Deng Xiaoping said the British attempt to exchange sovereignty for the "right of administration" would get nowhere. He urged the British side to change its attitude lest a situation should arise in September 1984 when the Chinese government would have to unilaterally announce its principles and policies on settling the Hong Kong question.

The British attitude began to change after this. In October 1983, in a letter Thatcher sent to the Chinese government, the British prime minister said the two sides might explore a permanent arrangement for Hong Kong on the basis of the Chinese proposal.

In the fifth and sixth rounds of negotiations, the British side declared that it no longer insisted on British administration over Hong Kong, nor did it attempt to seek joint administration of Hong Kong with the Chinese in any form. It also said that the Chinese plan was based on the premise of the return to China of both the sovereignty of, and right of administration over, Hong Kong in 1997. Only at this point was the main obstacle to Sino-British negotiations removed.

Beginning from the seventh round of negotiations, discussions were based on the Chinese government's basic principles and policies on settling the Hong Kong question. Although it had clearly promised not to raise any suggestions that conflicted with the principle of Chinese sovereignty over Hong Kong, the British side, through presenting working documents during the discussions, put forth many suggestions that aimed at retaining the maximum British influence in Hong Kong after 1997 and making it a sort of independent or semi-independent "political entity", away from China's central government administration.

This was actually a continuation of the struggle on the issue of sovereignty versus the right of administration. In response, the Chinese side adhered to its principled stand and expressed its resolute opposition to British proposals.

In April, 1984, after the 12th round of negotiations, the two sides shifted to discussing matters concerning arrangements during the transitional period in Hong Kong and the transfer of power. Establishment of a joint organization in Hong Kong was one of the most difficult issues in the negotiations. The two sides had widely divergent views on the issue.

In April and July that year, British foreign secretary Sir Geoffrey Howe twice visited China on the invitation of his Chinese counterpart. Chinese leaders met and talked with him. The high-level meetings played a positive role in moving the negotiations forward. After repeated discussions, the two sides at last reached an agreement to establish a Sino-British Joint Liaison Group.

This group is for liaison purposes only. It is not an organ of power. Its function is to engage in consultations on the implementation of the Sino-British Joint Declaration, discuss matters relating to the smooth transfer of power in 1997, and exchange information and conduct consultations on such subjects as may be agreed by the two sides.

The Sino-British Joint Liaison Group would establish its base in Hong Kong on July 1, 1988 and stop functioning on Jan. 1, 2000. In the last three rounds of negotiations, the two sides held discussions on a number of specific issues that are quite complicated technically and in policy terms, concerning mainly nationality, civil aviation and land.

The Chinese and British sides reached agreement on all issues on Sept. 18, 1984, and initialed the Joint Declaration on Sept. 26 in Beijing. This marked the satisfactory conclusion of two years of negotiations between the Chinese and British governments on the Hong Kong question.

The agreement consists of a principal document -- "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" -- and three Annexes -- "Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Hong Kong", the "Sino-British Joint Liaison Group" and "Land Leases".

On Dec. 19, 1984, the heads of the Chinese and British governments formally signed the Joint Declaration in Beijing. On May 27, 1985, the Chinese and British governments exchanged instruments of its ratification in Beijing. With this, the Sino- British Joint Declaration formally came into effect. In autumn of the same year, the permanent Chinese delegate to the United Nations and his British counterpart presented the Sino-British Joint Declaration to the under secretary-general of the United Nations in charge of legal affairs. This completed UN registration formalities for the Sino-British Joint Declaration and made it an internationally recognized legal document.

The Sino-British Joint Declaration affirms that the government of the People's Republic of China will resume exercising sovereignty over Hong Kong from July 1, 1997, and that the government of the United Kingdom will restore Hong Kong to China on the same date.

The Chinese government set forth its basic policies regarding Hong Kong in the Joint Declaration. They include establishing a Hong Kong Special Administrative Region (the Hong Kong SAR) directly under the authority of the central government, which will enjoy a high degree of autonomy except in foreign and defense affairs which are the responsibilities of the central government; Hong Kong's existing laws will remain basically unchanged; the Hong Kong SAR government will be composed of local inhabitants; the current social and economic systems in Hong Kong will remain unchanged, and so will the lifestyle.

The Hong Kong Special Administrative Region will retain the status of a free port and a separate customs territory; it will retain the status of an international financial center; it will have independent finances and it will use the name "Hong Kong, China". It may maintain and develop economic and cultural relations with states, regions and relevant international organizations and maintain public order in Hong Kong. These basic policies of the Chinese government will remain unchanged for 50 years.

The signing of the Sino-British Joint Declaration that indicates the satisfactory settlement of the Hong Kong question is a major event in the modern history of the world as well as in the modern history of China. It marks a major step forward by the Chinese people in their aspiration for the reunification of their country.

It has also provided new experience for the settlement of international disputes, especially for the settlement of issues between states left over from history. The satisfactory settlement of the Hong Kong question has not only received endorsement and support from the Chinese people, including Hong Kong compatriots but also won extensive appreciation from the international community.