documents issued by the Government of the United Kingdom
notes that He basic
policies of He People's Republic 4 Chein
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ith
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1 July 1997. Annex 1, Parth
As to why the Basic Law made no reference to either BDTCS or BN (O) s and their passports, that is because of
the different characters of the Joint Declaration and the
Basic Law. The Joint Declaration is a treaty between the
United Kingdom and the Peoples Republic of China setting out the agreement of the two states concerning the
resumption of the exercise of sovereignty over Hong Kong by the People's Republic of China with effect from
Parth provides for the enactment and promulgation of a Basic Law of the HKSAR by the National People's Congress of the People's Republic of
China. The preamble to the Basic Law is enacted
prescribing the systems to be practiced in the Hong Kong
Special Administrative Region, in order to ensure the implementation of the basic policies of the People's
Republic of China regarding Hong Kong:'. In other words,
the Basic Law is a Chinese Law setting out in effect the constitution of the future Hong Kong Special Administrative Region.
As a treaty, the validity of the Joint Declaration is not
dependent on the Basic Law. There is no need to replicate the provisions of the Joint Declaration in the Basic Law in order to give them validity. Indeed, to suggest otherwise, would be to cast doubt on every provision of the Joint Declaration which is not so replicated. JD233 and 234 concern nationality and passports. These are issues involving international law
and they are appropriate matters for a treaty. The Basic
Law, in contrast, does not refer to 'nationals', Chinese
or otherwise, but to 'residents' and to their rights and
duties as residents of the HKSAR.