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 practised 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.
The 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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THE EARL OF CAITHNESS
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