TNAG-2628-FCO40-3819-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1992 — Page 101

documents issued by the Government of the United Kingdom

notes that He basic

policies of He People's Republic 4 Chein

garding

ни

have been

elaborated by Ho Chrieve Gavrant ithe Sinior British

ith

Jait Declanta

it goes on

to

That

Provide llant

He Basic Law

Не

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.