SWB
FE/7818/A3/4
5 Dec 84
NPC Law Committee Member on Future Status of Hongkong
Hongkong, 'Wen Wei Po' in Chinese 4 Dec 84
Text of report by Cheng Hsiang:
Zhang Youyu, a Chinese jurist, published an article in Zhongguo Fazhi Bao' today [4th December] to explain the Sino-British joint declaration in view of the lack of understanding among the masses in the interior. He points out: Regarding Hongkong as special administrative region will not create a situation of "one China, one Hongkong," and of Britain's interference in the internal affairs of China.
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In an article entitled "A great success in implementing the constitution", Zhang Youyu stresses: Some masses in the interior have some doubts on the methods adopted by the Chinese government to solve the issue of Hongkong. These four questions can be summed up as the following: (1) Why should China hold talks with Britain? (2) Does the concept of one country with two systems not violate the constitution? (3) Will the joint declaration not create an opportunity for Britain to interfere in China's internal affairs? (4) Does the establishment of the special administrative region not create a situation of "one China, one Hongkong"? Zhang Youyu answers these four questions one after another.
The following are excerpts of Zhang Youyu's article:
The constitution adopted in 1982 has been in force for two years. In accordance with the principle contained in Article 31 in the constitution, we held talks with the British government on the recovery of Hongkong and resuming the exercise of sovereignty over the territory, and initialled the "joint declaration". This is a great success in implementing the constitution, and has been supported by the people throughout the country, and praised by people of the whole world. However, some people have doubts on the methods of the talks and the content of the "joint declaration". Therefore, it is necessary to explain the questions concerned.
(1) Hongkong is China's territory forcibly occupied by Britain in accordance with unequal treaties. According to the principle of international law, recovering Hongkong and resuming the exercise of sovereignty over the territory for the sake of the unity and territorial integrity of our country is a matter of course. Why should we hold talks with Britain on this issue? Originally, two different methods could have been adopted with regard to the recovery of the forcibly occupied territory and sovereignty. First, recovering them through peaceful talks by both sides; second, forcefully recovering them by one side, or even going so far as to resort to force.
Our country has adopted the first method rather than the second one, because: (i) Considering the history and practical reality of Hongkong, and the basic attitude of the British government, adopting the first method will enable us to smoothly attain the objective of recovering Hongkong while maintaining the stability and prosperity of the territory. The method of peaceful settlement through talks is better than forceful recovery by one side, or resorting to force. (ii) Our country adopted a clear-cut stand at the talks. The issues discussed at the talks did not include whether China should recover sovereignty. On the premise of recovering sovereignty, we discussed the specific issues of how to recover sovereignty.
(2) Does the concept of "one country with two systems" not conflict with the socialist nature stipulated in our country's constitution? Our constitution has stipulated that our country "is a socialist state under the people's democratic dictatorship led by the working class and based on the alliance of workers and peasants”. The “joint declaration" says: "The current social and economic systems in Hongkong will remain unchanged, and so will the life-style". The "elaboration of the basic policies regarding Hongkong" also says: "After the establishment of the Hongkong special administrative region the socialist system and socialist policies shall not be practised in the Hongkong special administrative