when it provides in JD234 that 'the People's Republic of China will,
with effect from 1 July 1997, permit Chinese nationals in Hong Kong who
were previously called "British Dependent Territories Citizens" to use travel documents issued by the Government to the United Kingdom ...'.
As to why the Basic Law made no reference to either BDTCs or BN (0)s and their passports, that is because of the different characters of the Joint Declaration and the Basic Law. The Joint péclaration is a treaty between the United Kingdom and the People's 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 1 July 1997. Annex 1, Part 1 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 notes that the basic policies of the People's Republic of China regarding Hong Kong have been elaborated by the Chinese Government.
in the Sino-British Joint Declaration. It goes on to provide that 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 given 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. 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.
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The
Her Majesty's Government are satisfied that the commitments given by the People's Republic of China in the Joint Declaration and its associated
Memoranda remain binding and in force.
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