HONG KONG
INTRODUCTION AND OVERVIEW
1. At midnight on 30 June 1997, in pursuance of its
obligations under the Joint Declaration, the United Kingdom restored
sovereignty over Hong Kong to China. However, a strong commitment
to Hong Kong remains, deriving from important political, consular
and economic interests in the territory of what is now the Hong
Kong Special Administrative Region (HKSAR) of the People's Republic
of China. As a co-signatory of the Joint Declaration, the United
Kingdom has "a continuing moral and political responsibility
towards the people of Hong Kong".[1]
The Government, through the Sino-British Joint Liaison Group (JLG)
set up under the Joint Declaration, is committed to "monitoring
closely the implementation of the Joint Declaration by the Chinese
Government and the HKSAR Government".[2]
There is also considerable international interest.[3]
2. There has been long-standing Parliamentary interest
in Hong Kong. Our predecessors reported twice.[4]
The Government has responded to continuing Parliamentary interest
in Hong Kong by undertaking to present six monthly reports on
Hong Kong, starting in January 1997 and continuing at least until
the JLG concludes its work on 1 January 2000. Three such reports
have so far been produced.[5]
We responded by deciding in July 1997 to monitor, on an ongoing
basis, the observance of the Joint Declaration, to include examination
of these periodic reports. We accordingly took oral evidence from
Mr Derek Fatchett MP, Minister of State, Foreign and Commonwealth
Office, on 28 April 1998,[6]
having previously visited Hong Kong from 30 March to 3 April,
for discussions with a wide range of interests,[7]
including the Chief Executive Tung Chee Hwa. We are most grateful
to all those we met in the course of this visit for their input,
and to those in Hong Kong and elsewhere who submitted written
evidence to us. We are also grateful to Sir Andrew Burns, the
British Consul-General and his staff for their assistance with
the visit, and otherwise. We have also been very pleased to receive
from the HKSAR Government its own six-monthly reports on developments.
We gratefully acknowledge, too, the assistance we have received
from Mr John Tsang, Director-General, and the staff of the Hong
Kong Economic and Trade Office in London, both in providing valuable
background material[8]
and in providing informal pre- and post-visit briefing.
3. The Joint Declaration provides for the HKSAR to
have a "high degree of autonomy, except in foreign and defence
affairs which are the responsibilities of the Central People's
Government".[9] The
relationship between the HKSAR and China is often encapsulated
in the expression "one country, two systems". HKSAR's
autonomy in the non-reserved areas has not, however, been total:
as the FCO has pointed out, many decisions taken by the HKSAR
Government after 30 June 1997 were in effect preordained by the
Chinese Government through the Beijing-appointed Preparatory Committee.[10]
This included repeal or amendment of 25 Hong Kong Laws which the
Standing Committee of the National People's Congress had deemed
to be in violation of the Basic Law,[11]
and the creation of the Provisional Legislative Council as an
interim replacement for the Legislative Council elected in 1995.
4. The nature of some of the changes introduced at
the handover, and the manner in which they were implemented,[12]
were the subject of a number of concerns expressed to us during
our visit to Hong Kong and in written material submitted to us.
In some cases, it was questioned whether the HKSAR in reality
enjoyed the "high degree of autonomy" provided for in
the Joint Declaration and reinforced in Article 2 of the Basic
Law.
5. These concerns included the following:
- the electoral system and progress to direct elections
- legal immunities legislation
- basic rights and freedoms
We comment further on each of these below. We have
also looked at the visa régime for HKSAR passport holders,
at the British presence in Hong Kong and relations between the
HKSAR and China.
6. Before considering these further, we wish to stress
the vital role played by key institutions in the continued success
of Hong Kong and maintaining confidence in its stability and way
of life. These are the legal system, the judicial system and the
public service. We share the Government's view in its latest White
Paper[13] that the rule
of law remains, on the whole, robust. Independence with integrity
and professional competence continues to be the hallmark of the
judiciary. The civil service continues to function effectively
and responsibly. We pay tribute to the Chief Secretary for Administration,
Mrs Anson Chan, who has led the Civil Service through a unique
transition. To her and her senior colleagues goes much of the
credit for its success. We are confident that she will continue
to uphold the Service's ideals of integrity and public service.
1 FCO Hong Kong Background Brief (not reported). Back
2
Ev. p.1. Back
3
See, for example, the Reports of the Speaker's Task Force on the
Hong Kong Transition (United States House of Representatives),
the reports of the National Democratic Institute for International
Affairs and, the United States-Hong Kong Policy Act Reports.
The European Parliament's Committee on Foreign Affairs, Security
and Defence appointed a Rapporteur on Hong Kong. Back
4
See the Second Report of the Foreign Affairs Committee, Session
1988-89 (HC 281) and the First Report, Session 1993-94 (HC 37). Back
5
Six-monthly Reports on Hong Kong. January-June 1997 (Cm. 3719),
July-December 1997 (Cm. 3831), January-June 1998 (Cm. 4019). Back
6
Ev. pp.1-28. Back
7
A list of those the Committee met is set out in the Annex. Back
8
Appendix 7, p.62, Appendix 8, p.72. Back
9
Sino-British Joint Declaration on the Question of Hong Kong, Article
3(2). See also Annex I, Part I. Back
10
Ev. p.6. Back
11
Ev. p.8. Back
12
See Ev. pp.6-8. Back
13
Cm. 4019, paras. 2.12, 3.2 and 4.2. Back
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