ENG-1984 — Page 33

THE SINO-BRITISH JOINT DECLARATION ON THE FUTURE OF HONG KONG

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Two independent Monitors, Sir Patrick Nairne and Mr Justice Simon Li Fook-sean, were appointed by the Secretary of State for Foreign and Commonwealth Affairs. The Monitors were required to observe all aspects of the work of the Assessment Office and to submit an independent report to the Secretary of State whether they were satisfied that the Office had properly, accurately and impartially discharged its duties and faithfully followed the procedures set out in its terms of reference.

The period allowed for views to be expressed for the purposes of the Assessment Office extended for just over seven weeks and ended on 15 November. During this period all the major representative bodies in Hong Kong placed on record their view that the draft agreement was acceptable. These included the Executive Council, the Legislative Council, the Urban Council, all 18 district boards and the Heung Yee Kuk. Additionally, the Assessment Office took account of the views expressed in the media, by 430 representative organisations and groups and 1 815 individuals who made written submissions to the Office and 23 opinion polls which came to the Office's attention.

On 23 November the Commissioner of the Assessment Office submitted his report to the Governor. This was published in London and Hong Kong on 29 November. (An extract is annexed to this chapter at pages 31 to 38) This concluded that, although anxieties had been expressed by many who had submitted their views to the Assessment Office, most of the people of Hong Kong found the draft agreement acceptable. This conclusion was unreservedly endorsed by the report of the independent Monitors.

The last major expression of Hong Kong opinion came with the publication of a statement by the Unofficial Members of the Hong Kong Executive and Legislative Councils on 29 November. (It is annexed to this chapter at pages 39 to 41) This statement noted that the draft agreement was acceptable as a whole to the majority of the community. It also referred to concerns and points of detail which had been raised.

The final stage in the test of acceptability of the draft agreement came in early December when both Houses of Parliament debated the motion "that this House, having considered the views of the people of Hong Kong as set out in the reports laid before it, approves Her Majesty's Government's intention to sign the agreement on the future of Hong Kong negotiated with the Chinese Government". This motion was moved in the House of Commons on 5 December by the Secretary of State for Foreign and Commonwealth Affairs, Sir Geoffrey Howe, and in the House of Lords by the Minister of State, Baroness Young, on 10 December. On both occasions the motion was approved without a division. Both debates were attended by a delegation of Unofficial Members of the Executive and Legislative Councils and the Governor, Sir Edward Youde, was present for the debate in the House of Commons.

Signature of the Agreement

The British Government's requirement that any agreement on the future of Hong Kong must be acceptable to the people of Hong Kong as well as to Parliament had thus been met and the way was clear for the draft agreement to be signed. On 18 December the Prime Minister, Mrs Margaret Thatcher, accompanied by the Secretary of State, Sir Geoffrey Howe, arrived in Peking to sign the Agreement. The signature ceremony took place in the Great Hall of the People on 19 December in the presence of the Governor, Sir Edward Youde, and a representative group of observers from Hong Kong including the Senior Unofficial Member of the Executive Council, Sir S. Y. Chung, the Senior Unofficial Member of the Legislative Council, Sir (then Mr) Roger Lobo, other Members of the Executive and Legislative Councils and other prominent Hong Kong people drawn from