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Instrument A301: Joint Declaration Overview

• Joint Declaration between the Government of the United Kingdom and the Government of the People's Republic of China regarding Hong Kong.

• Signatories: Margaret Thatcher (UK) and Zhao Ziyang (China).

Purpose of the Joint Declaration

• Aims for a negotiated settlement on Hong Kong to maintain prosperity and stability.

• Describes a transition plan for sovereignty over Hong Kong effective from July 1, 1997.

Key Points of the Declaration

Transition of Sovereignty

• Effective Date: Sovereignty over Hong Kong will transfer to China on July 1, 1997.

• Acknowledgement of the aspirations of the Chinese people to recover Hong Kong.

Establishment of the Hong Kong Special Administrative Region (SAR)

• Governance: The Hong Kong SAR will operate under the authority of the Central People's Government of China.

• Autonomy: High degree of autonomy except in foreign and defence affairs.

• Government Composition: Local inhabitants will govern, with the chief executive appointed based on local elections.

Rights and Freedoms

• Protection of personal and civil rights, including freedom of speech, press, assembly, religion, property ownership, and economic activities.

• Continuation of current social and economic systems post-handover.

Economic Framework

• Hong Kong retains status as a free port, separate customs territory, and international financial centre.

• Free flow of capital; the Hong Kong dollar remains convertible.

• Legislative and financial independence is guaranteed.-

Long-Term Policies

• The policies stipulated in the declaration will remain unchanged for 50 years, ensuring stability.

• Judiciary: The SAR has independent judicial power, maintaining existing laws barring conflicts with the Basic Law.

Responsibilities During Transition

• UK government will administer Hong Kong until the transfer date, ensuring stability and economic prosperity.

• Formation of a Sino-British Joint Liaison Group to oversee the transition and implementation of the declaration.

Ratification Process

• The Joint Declaration is subject to ratification and will take effect after the exchange of ratification instruments by June 30, 1985.

Annexes to the Joint Declaration

Annex I: Basic Policies of the People's Republic of China Regarding Hong Kong

• Details on governance, legal maintenance, protection of rights, and remaining capitalist systems in Hong Kong.

Annex II: Sino-British Joint Liaison Group

• Establishment of the group for communication between UK and China.

• Responsibilities include monitoring the transition process, discussing bilateral issues relating to Hong Kong.

Annex III: Land Leases

• Provisions governing land leases in Hong Kong post-handover, including extensions and financial arrangements.

Exchange of Memoranda

• UK and Chinese memoranda detailing citizenship transitions and rights following the handover.

British Dependent Territories Citizens (BDTC)

• Transition of BDTCs' status post-July 1, 1997, and clarifications on their rights.

Chinese Position

• Recognition of all Hong Kong Chinese nationals as citizens under Chinese law irrespective of prior BDTC status.

Conclusion

• The Joint Declaration sets foundational principles for the governance and autonomy of Hong Kong under Chinese sovereignty, ensuring the retention of its economic and social systems for a specified period.