ENG-1985 — Page 358

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History

FOLLOWING the signature on December 19, 1984 of the Joint Declaration of the British and Chinese Governments on the future of Hong Kong, the British Parliament passed the Hong Kong Act 1985 which made provision for and in connection with the ending of British sovereignty and jurisdiction over Hong Kong as from July 1, 1997. The Act received the Royal Assent on April 4, 1985. A few days later the National People's Congress of the People's Republic of China decided to ratify the Joint Declaration.

The Joint Declaration entered into force on May 27, 1985 when instruments of ratification were exchanged in Peking between the two governments. It was registered at the United Nations by the two governments simultaneously on June 12.

The Joint Declaration and its Annexes were reproduced in full in Chapter 1 of Hong Kong 1985. Briefly, they provide that Hong Kong will, with effect from July 1, 1997, become a Special Administrative Region of the People's Republic of China. The Special Administrative Region will have its own government and legislature composed of local inhabitants, and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government. Hong Kong's social and economic systems, as well as its lifestyle, will remain unchanged for 50 years after the establishment of the Hong Kong Special Administrative Region, and China's socialist system and socialist policies will not be practised in it.

Following the entry into force of the Joint Declaration, immediate steps were taken to begin implementation of its provisions. Chief among these steps was the formation of the Sino-British Joint Liaison Group (JLG), whose functions are to conduct consultations on the implementation of the Joint Declaration; to discuss matters relating to the smooth transfer of government in 1997; and to exchange information and conduct consultations on such subjects as may be agreed by the two sides.

The JLG comprises, on each side, a senior representative and four other members. A senior Hong Kong official has been designated by the British Government as a member of the British side. The JLG held its first meeting in London in July and its second meeting in Peking in November. The two sides agreed to meet again in Hong Kong in March, 1986.

A Sino-British Land Commission was also established to conduct consultations on the implementation of the provisions concerning land leases and other related matters. The commission, composed of three senior officials on each side, met regularly in Hong Kong in the latter half of the year. It has reached agreement on the form and wording of a series of legal documents to be used in various types of land transaction, and on a 58 hectare land disposal programme for the period from May 27, 1985, when the Joint Declaration entered into force, to March 31, 1986, the end of the 1985-6 financial year. On September 24, the first public auction of government land since the entry into force of the Joint Declaration was held, and six sites were sold with terms running up to June 30, 2047.