China’s Breaches of the 1984 Sino-British Joint Declaration 中國違反《1984英中聯合聲明》

China’s Breaches of the 1984 Sino-British Joint Declaration

According to the 1984 Sino-British Joint Declaration (Joint Declaration), Hong Kong Special Administrative Region (HK SAR) is to enjoy a high degree of autonomy except in foreign and defence affairs. Below are a number of areas which I believe have demonstrated that People’s Republic of China (China) has breached the Joint Declaration, an international treaty signed by Britain and China.

Signatories of Sino-British Joint Declaration

• Independent Judiciary

In 1998, Elsie Leung Oi-sie, the pro-China Secretary of Justice, dropped the corruption charges against Sally Aw Sian with no legitimate reason. This marked the beginning of the fall of HKSAR’s independent judiciary.

Since the sovereignty handover in 1997, the National People’s Congress (NPC) has interpreted HKSAR’s Basic Law multiple times. A number of former government officials and public figures, including Former Secretary for Justice Elsie Leung, who are closely related to China government, “recommended” that the Hong Kong Supreme Court seek interpretation of the Basic Law from the NPC – a clear violation of the independence of justice in Hong Kong. That the courts of HKSAR should seek NPC’s interpretation instead of allowing NPC or other powers including the Chief Executive to seek this marks a direct interference with Hong Kong’s law. Mr Justice Kemal Bokhary warned on 24^th October 2012, when he “retired” from his role as one of the permanent judges in the Court of Final Appeal that there is a storm coming. Any legal loophole, Bokhary said, should be “fixed” via amendments to the law. Seeking the NPC’s interpretation is by definition giving the China government the ultimate say on any court’s decisions, which contravenes the Joint Declaration’s clause with respect to Hong Kong’s autonomy.

<The Practice of the “One Country, Two Systems” Policy in the Hong Kong Special Administrative Region> White Paper published by the China Government in June 2014 stated that judges at all levels should love China. This is not stated in the Joint Declaration nor the Basic Law, but a new “criterion” added by China in order to make sure that the separation of power that has long been adopted in Hong Kong can be uprooted eventually. This goes to highlight that CCP will not allow anyone to govern Hong Kong who holds views and ideas that will jeopardise its absolute power. Democracy is one of the many things that China does not agree with nor will accept for many years to come.

• Freedom of Travel

China has taken away in some cases, and refused the issuance in others, of a China travel permit to pro-democracy “dissenters”. Over the past 17 years the entry of a number of high profile officials, politicians and political figures from Taiwan has been rejected with no reasons given by the HKSAR Government. It is clear that these decisions have been arrived at as a direct result of China’s interference of HKSAR’s immigration – an infringement of HKSAR’s autonomy, hence a breach of the Joint Declaration.

• Freedom of Expression & Speech

Many have pointed out that the China and HKSAR flag and emblem ordinances violate Article 37 of the Basic Law and Article 19 of International Covenant on Civil and Political Rights but NPC interpreted the Basic Law in order to ensure that China’s system is implemented in HKSAR in 1999. In recent years, pro-China Legislative Council members publicly said that the China would send PLA to Hong Kong should there be signs of Hong Kong demanding independence – a threat to freedom of expression.

• Freedom of Academic Research

Hong Kong University’s Public Opinion Programme has been conducting polls on People’s Ethnic Identity in Hong Kong for years. In 2011, when the poll results showing Hongkongers identifying themselves as Hongkongers instead of Chinese reached a record high, Hao Tiechuan of China’s Liaison Office called for a press conference and criticised the poll. Since then, similar comments and criticisms have become the norm.

• Cultural Freedom

In October 2013, a new performance by Hong Kong Ballet and Ballett Dortmund was reported to have been censored for being politically incorrect. The Cultural Revolution section of the performance was heavily edited down after its opening show which Carrie Lam Cheng Yuet-ngor, Chief Secretary, and Zhang Xiaoming, Director of Hong Kong Liaison Office, attended.

• Freedom of Assembly and Demonstration

Prior to the handover in 1997, signs of diminishing freedom were heralded when the Provisional Legislative Council amended the Public Order Ordinance restricting the freedom of assembly and demonstration. Since the Ordinance was enacted, the HKSAR police force has been tightening their grip when “handling” protesters, with the exception of protesters (who have been shown to be being paid by China and its minions) who march in support of the China and HKSAR government when controversies arise. A strange phenomenon which is surely more common in countries which are run by autocrats or single-party authoritarians, than in free and fair democracies.

At the latest protest (now being called “Umbrella Revolution” by some international media) led by students in Hong Kong who demand a genuine democratic election, the police force has been using unnecessary violence against peaceful protesters. Protesters, including secondary school students, were not only pepper sprayed, tear-gassed and beaten up, but also had their basic human rights stripped as the police prevented them from going to the bathroom and refused to allow other supporters to provide them with food and water

• Freedom of Religious Belief

On 1^st October 2000, the Vatican canonised over 120 individuals who were killed in China over a century ago. Hong Kong’s Cardinal Joseph Zen Ze-Kiun received warning calls from China’s Liaison Office in Hong Kong saying that “China is very displeased with him” and demanded him to handle the canonisation with lower profile. A clear interference of matters related to Hong Kong’s religious belief.

• Freedom of the Press

In 2000, Mr Willy Lam Wo-Lap resigned after being “reassigned” to a new role at South China Morning Post, a key English language newspaper in Hong Kong. Although the newspapers denied that this decision was made under political pressure, many expressed their concern over Hong Kong’s press freedom, including the international media.

Companies were “advised” to pull their advertisements from pro-democracy and outspoken newspapers in 2014. An act which although not directly hindering press freedom, is a blatant attempt to intimidate the media in order to silence them

• Blatant Breach of HKSAR’s Autonomy

A total of eight legislators from Democratic Alliance for the Betterment and Progress of Hong Kong (DAB), another major pro-China political party, are deputies to the NPC. In addition, 26 of DAB’s members are CPPCC members. This literally opens the front door for the Chinese government to interfere with local affairs. This is a clear breach of the Basic Law’s Article 22 which states: No department of the Central People’s Government and no province, autonomous region, or municipality directly under the Central Government may interfere in the affairs which the Hong Kong Special Administrative Region administers on its own in accordance with this Law. (A list of DAB legislators: http://www.dab.org.hk/eng?t=1317&mmode=be)

In Annex I (X) of the Joint Declaration: HKSAR shall maintain the educational system previously practised in Hong Kong. The HKSAR Government attempted to introduce Patriotic National Education Curriculum into all schools in 2012. The “patriotic” elements have been penetrating into all sorts of subjects across Hong Kong since before this latest effort was even announced: Outrageous content in textbooks with “patriotic” elements include: children bursting into tears of joy on seeing China’s flag and hearing China’s national anthem. In addition, Cantonese, being the mother tongue of most Hongkongers, has always been the medium of instruction for Chinese language subjects. In a recent survey, over 71% of public primary schools are now using Mandarin as a medium of instruction for Chinese language and in one quarter of these schools no Cantonese is taught in any class, with some even banning Cantonese completely in school.

• Democratic Referendum

News reports of dishonest behaviour and fake registrations during the latest district council election (all accusations where made against pro-China parties), have not been properly investigated. An extremely small number of suspects were arrested and no follow up was carried out by the Electoral Affairs Commission and the Independent Commission Against Corruption.

On 28^th August 2014 NPC announced its plan for Hong Kong’s political reform (which is yet to be debated by Hong Kong’s legislature) showing that China has no intention of helping Hong Kong to put a democratic election system in place. A 1,200 people nomination committee handpicked by China can hardly be a “broadly representative committee” as stipulated in the Basic Law. This committee, which is certain to be packed with pro-China CCP loyalists, hand picks two candidates for a one-person-one-vote election in Hong Kong. Such election cannot be seen as democratic by any standard. By denying Hong Kong’s democratic progress throughout the past 17 years, China has cynically breached the Joint Declaration.

• China’s Assimilation – Cultural Genocide

According to the Joint Declaration, HKSAR should have control over all domestic policies except international affairs and defence. However, HKSAR has never enjoyed any autonomy when it comes to border control and immigration policy related to China residents. HKSAR and Hongkongers cannot control who comes across the border when it concerns Chinese. On the contrary: 150 PRC Chinese a day are allowed by their government to emigrate to HKSAR. Neither the HKSAR government nor the people of Hong Kong are allowed any say in the matter. In a particularly egregious example, Si Junlong, a Chinese man who was convicted of murder but later won his appeal and was sentenced to eight years for killing two Immigration Officers in 2000, has since received his Hong Kong permanent residency. HKSAR government’s lack of border control contradicts the spirit of autonomy stated in the Joint Declaration.

• Diminishing Autonomy

Mr. C.Y. Leung, the Chief Executive of Hong Kong SAR, read his policy address on 16^th January. He announced the establishment of Financial Services Development Council, and Committee for Economic Development (the first is a “non-government” institution). The members of both are to be appointed by the Chief Executive and the majority of the members (for they have already been announced) are communist party stooges. Once again, it was an obvious measure to allow the invasion of Chinese in Hong Kong. Given that the FSDC isn’t a government institution, it is not subject to anticorruption regulations. However, it can advise the CE on financial policies and is allowed to accept private donations, which opens a channel for corruption. By opening up the door of the advisory bodies to the Chinese corporate and communists, they can control the lifeblood of Hong Kong.

The White Paper entitled “The Practice of the “One Country, Two Systems” Policy in the Hong Kong Special Administrative Region” published by the China Government in June 2014 and essentially unilaterally rewrote the Joint Declaration by “redefining” One-Country-Two-Systems – the relationship between Hong Kong and China. Hong Kong’s autonomy is granted and safeguarded by the Joint Declaration, but China in this White Paper “reinterpreted” it by saying that Hong Kong’s high degree of autonomy is not automatic and is given by China. There is no stronger evidence needed than this White Paper to show that China has torn up the Joint Declaration, ignoring the fact that it is a legal treaty registered at the United Nations – at which it has veto power.

• China’s Intimidation with its HKSAR Garrison

After the announcement of the civil disobedience movement “Occupy Central”, China’s People’s Liberation Army (PLA) began to have various “out of the ordinary” exercises in Hong Kong: gunships sailed into Victoria Harbour; the PLA held series of firearms exercises at their Fanling campus; and increasing numbers of helicopters (sometimes as many as 70 flights a day for days on end) have been observed flying back and forth across the border to Shek Kong air field. During one PLA exercise they used Cantonese to demand the “rioters” to surrender – to name but a few instances.

The PLA also is taking over a public space right next to the Central Ferry Piers. Despite the public outcry, the HKSAR government has continued the construction of a road which links the PLA “Tamar” headquarters to the pier.

Recommendations

In the joint declaration, One-Country-Two-Systems and high degree of autonomy were promised by the Chinese Government. However, Chinese officials and mouthpieces have stressed over the past 17 years, on multiple different occasions including their latest “White Paper”, that One-Country comes before Two-Systems and autonomy is “given” by China rather than something that Hong Kong enjoys by right – this is most certainly not what was agreed when Britain signed the Joint Declaration, which is a violation of the spirit of the treaty.

We urge Her Majesty’s Government to

(a) take a firm public and diplomatic stance on the situation in Hong Kong;

(b) declare that China has breached the Joint Declaration and resolve to take back Hong Kong’s sovereignty;

(c) demand that the United Nations revoke the decision made in 1972, which removed Hong Kong from the list of non-self-governing territories, and assist Hong Kong to exercise its rights for self-determination.