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The Meaning of the Term "Accountable"
If this development continues, the provisions of Section 5
of the Sino-British Joint Declaration in respect of the transfer of
political power from Britain to China can be clean forgotten. Provisions of Section 4 of the Sino-British Joint Declaration, which stipulates that the British Government is to be responsible for the administration
of Hong Kong from the day the Declaration comes into effect to 30 June
1997, can also be disregarded completely. According to the above-mentioned provisions, Britain is to be responsible for the administration of the
territory until 1997. In other words, Britain cannot "knock off" or "shirk its responsibility" before 1997; neither can it make any illicit transfer of power to another party in the name of "returning power to the people".
If this development continues, one can deviate from the provisions of the Joint Declaration concerning the source of power and political system of the HKSAR as well as the appointment of its principal officials and to whom they are to be accountable. People do not easily forget that China
and Britain had carried out arduous and serious debates on the social and economic systems, lifestyle and future government structure of Hong Kong. Through mutual understanding and compromise, both sides gained what they themselves wanted and gave up what the other side wanted. Neither side can only fulfil obligations favourable to itself and disregard conditions
favourable to the other side.
The arrangements for the administration of Hong Kong provided for
in Section 3 of the Joint Declaration are a manifestation of China's
sovereignty over Hong Kong. The British can no longer assume the office
of Governor or take up positions at Secretary level in the Hong Kong Government. The chief executive is to be chosen through election or consultation held locally and then appointed by the Central People's Government. In deference to the wishes of Hong Kong people, Beijing put