One Country, Two Systems and the Basic Law: The Origin of the Question of Hong Kong

Flashcards covering the historical background of Hong Kong, the three unequal treaties, international legal grounds, Sino-British negotiations, 'One Country, Two Systems', and the enactment of the Basic Law.

What evidence proves that Hong Kong has been part of China's territory since ancient times?

Hong Kong came under the rule of Chinese empires starting in the Qin Dynasty, initially under Panyu County, and later under Bao'an, Dongguan, and Xin'an counties.

How do street names like Des Voeux Road reflect the history of Hong Kong?

They reflect Hong Kong's colonial history under British rule as well as its local Chinese heritage. For example, Des Voeux Road is named after Sir William Des Voeux, the 10th Governor of Hong Kong.

What are the four main characteristics of an unequal treaty?

1. Signing is the result of the use of force or threat by one or more parties.
2. No equal bargaining position between contracting states.
3. Contents reflect an unequal relationship of rights and obligations.
4. Treaty clearly violates the national sovereignty or interests of a certain party.

What was the first unequal treaty concerning Hong Kong, and when was it signed?

The Treaty of Nanking, signed in 1842.

Why was the Treaty of Nanking signed, and what was its result regarding Hong Kong?

After defeat in the First Opium War and the loss of Zhenjiang and Nanking, the Qing government was too weak to fight back; Hong Kong Island was ceded to Britain.

Why was the 1842 Treaty of Nanking considered unequal?

Imperial High Commissioner Qiying was forced to sign under military pressure, and ceding Hong Kong Island violated China's sovereignty.

What was the second unequal treaty concerning Hong Kong, and when was it signed?

The Convention of Peking, signed in 1860.

What event triggered the signing of the Convention of Peking, and what territory was ceded?

Britain, joined by France, sent troops triggering the Second Opium War; the Kowloon Peninsula south of Boundary Street (including Stonecutters Island) was ceded to Britain.

Why was the 1860 Convention of Peking considered unequal?

Prince Gong surrendered under military and diplomatic pressure from Britain and France, violating China's sovereignty.

What was the third unequal treaty concerning Hong Kong, and when was it signed?

The Convention for the Extension of Hong Kong Territory, signed in 1898.

What circumstances led to the 1898 treaty, and what area was leased to Britain?

Following the Qing Government's defeat in the Sino-Japanese War, great powers scrambled for concessions; the area south of the Shenzhen River and north of Boundary Street, plus 235 surrounding islands (the New Territories), was leased to Britain for 99 years.

Why was the 1898 Convention for the Extension of Hong Kong Territory considered unequal?

Britain forcibly leased the land without paying rent or specifying rent in the treaty, violating China's sovereignty during the scramble for concessions.

What three grounds did China use to demand the return of Hong Kong from Britain?

Ground 1: The nature of the unequal treaties. Ground 2: International laws and agreements (Vienna Convention on the Law of Treaties, UN Definition of Aggression). Ground 3: Recognition of Hong Kong's legal status by the international community (UN removing HK from colonial territories list).

How did the 1974 UN General Assembly resolution on the Definition of Aggression apply to Hong Kong?

It defined aggression as the use of armed force against the sovereignty or territorial integrity of another state; Britain's military invasion and occupation of Hong Kong were recognized as unlawful acts of aggression.

What was the legal significance of the UN removing Hong Kong and Macao from the list of colonial territories in 1972?

It confirmed China's position in international law that Hong Kong was not a colonial territory, meaning there was no basis for national self-determination.

What position did Britain initially hold at the start of Sino-British negotiations regarding Hong Kong?

Britain believed that based on the three treaties, it held sovereignty over Hong Kong Island and Kowloon Peninsula, and suggested separating sovereignty and jurisdiction (returning sovereignty to China while Britain retained jurisdiction).

What was China's official position regarding the three unequal treaties?

China did not recognize the three unequal treaties, maintained that it had always held sovereignty over Hong Kong, and demanded the complete return of Hong Kong so China could resume exercising sovereignty.

Who proposed the concept of 'One Country, Two Systems' and when?

Deng Xiaoping, in 1982.

What are the core principles of 'One Country, Two Systems'?

'One Country' premise: There is only one China, which is the People's Republic of China. 'Two Systems': The main body of China adheres to the socialist system while Hong Kong, Macao, and Taiwan retain their capitalist systems over a long time.

When was the Sino-British Joint Declaration signed, and who were the representatives?

Signed on 19 December 1984 by Chinese Premier Zhao Ziyang and British Prime Minister Margaret Thatcher at the Great Hall of the People.

What key declaration was made in the Sino-British Joint Declaration regarding the date of return?

China decided to resume the exercise of sovereignty over Hong Kong effective 1 July 1997, and Britain agreed to restore Hong Kong to the People's Republic of China on the same day.

What was the step-by-step timeline for the drafting and passage of the Basic Law?

July 1985: First meeting of Basic Law Drafting Committee. December 1985: Basic Law Consultative Committee established. April 1988: First draft announced for consultation. February 1989: Second draft announced. 4 April 1990: National People's Congress passed the Basic Law.

What is the correct chronological sequence of key historical events leading to Hong Kong's return?

1. Treaty of Nanking (1842)
2. Convention of Peking (1860)
3. Convention for the Extension of Hong Kong Territory (1898)
4. Signing of the Sino-British Joint Declaration (1984)
5. Formulation of the Basic Law (1985–1989)
6. NPC adoption of the Basic Law (1990)
7. Official return of Hong Kong under 'One Country, Two Systems' (1 July 1997)