The Sino-British Joint Declaration on the Question of Hong Kong was signed
by the Prime Ministers of the People's Republic of China (PRC) and the United
Kingdom (UK) governments on December 19, 1984 in Beijing.
The Declaration entered into force with the exchange of instruments of
ratification on May 27, 1985, and was registered by the PRC and UK governments
at the United Nations on June 12, 1985. In the Joint Declaration, the PRC
Government stated that it had decided to resume the exercise of sovereignty over
Hong Kong (including Hong Kong Island , Kowloon , and the New Territories ) with
effect from July 1, 1997, and the UK Government declared that it would restore
Hong Kong to the PRC with effect from July 1, 1997. The PRC Government also
declared its basic policies regarding Hong Kong in the document.
In accordance with the "One Country, Two Systems " Principle agreed between
the UK and the PRC, the socialism system of PRC shall not be practised in the
Hong Kong Special Administrative Region (HKSAR), and Hong Kong's previous
capitalist system and its way of life shall remain unchanged for a period of 50
years. The Joint Declaration provides that these basic policies shall be
stipulated in the Hong Kong Basic Law.
The Joint Declaration is unlike an agreement made within a state, and the
involvement of the UN creates obligations that internationalize the status of
Hong Kong . The Joint Declaration is, therefore, not a private agreement between
the PRC and the UK , but an international one.
International treaties are concluded between states, not within a state,
and are usually not needed to be registered with the UN. However, the UN
Secretary General could agree to be involved, if invited.
By registering the Joint Declaration with the UN, both the PRC and UK
governments acknowledged a need for a neutral third party, and accepted its
possible participation by doing so. Otherwise, they could have simply made it a
bilateral treaty, which they did not choose to.
The background of the Sino-British Joint declaration
was the pending expiration of the lease of the New Territories on July 1, 1997.
The lease was negotiated between the UK and the Guangxu Emperor of China, and
was for a period of 99 years starting from 1898. At the time of the lease
signing, the Hong Kong Island had already been ceded to the UK in perpetuity
under the Treaty of Nanking in 1842 after the First Opium War, and the Kowloon
Peninsula had also been ceded to the UK in perpetuity under the Convention of
Peking in 1860 after the Second Opium War.
(Source: Xinhua)