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The Government of the United Kingdom of Great Britain
and Northern Ireland and the Government of the People's Republic of China
have reviewed with satisfaction the friendly relations existing between
the two Governments and peoples in recent years and agreed that a proper
negotiated settlement of the question of Hong Kong, which is left over
from the past, is conducive to the maintenance of the prosperity and stability
of Hong Kong and to the further strengthening and development of the relations
between the two countries on a new basis. To this end, they have, after
talks between the delegations of the two Governments, agreed to declare
as follows:
1. The Government of the People's Republic
of China declares that to recover the Hong Kong area (including Hong Kong
Island, Kowloon and the New Territories, hereinafter referred to as Hong
Kong) is the common aspiration of the entire Chinese people, and that
it has decided to resume the exercise of sovereignty over Hong Kong with
effect from 1 July 1997.
2. The Government of the United Kingdom
declares that it will restore Hong Kong to the People's Republic of China
with effect from 1 July 1997.
3. The Government of the People's Republic
of China declares that the basic policies of the
People's Republic of China regarding Hong Kong are as follows:
(1) Upholding national unity and territorial integrity and taking
account of the history of Hong Kong and its realities, the People's Republic
of China has decided to establish, in accordance with the provisions of
Article 31 of the Constitution of the People's Republic of China, a Hong
Kong Special Administrative Region upon resuming the exercise of sovereignty
over Hong Kong.
(2) The Hong Kong Special Administrative Region will be directly under
the authority of the Central People's Government of the People's Republic
of China. The Hong Kong Special Administrative Region will enjoy a high
degree of autonomy, except in foreign and defence affairs which are
the responsibilities of the Central People's Government.
(3) The Hong Kong Special Administrative Region will be vested with
executive, legislative and independent judicial power, including that
of final adjudication. The laws currently in force in Hong Kong will
remain basically unchanged.
(4) The Government of the Hong Kong Special Administrative Region
will be composed of local inhabitants. The chief executive will be appointed
by the Central People's Government on the basis of the results of elections
or consultations to be held locally. Principal officials will be nominated
by the chief executive of the Hong Kong Special Administrative Region
for appointment by the Central People's Government. Chinese and foreign
nationals previously working in the public and police services in the
government departments of Hong Kong may remain in employment. British
and other foreign nationals may also be employed to serve as advisers
or hold certain public posts in government departments of the Hong Kong
Special Administrative Region.
(5) The current social and economic systems in Hong Kong will remain
unchanged, and so will the life-style. Rights and freedoms, including
those of the person, of speech, of the press, of assembly, of association,
of travel, of movement, of correspondence, of strike, of choice of occupation,
of academic research and of religious belief will be ensured by law
in the Hong Kong Special Administrative Region. Private property, ownership
of enterprises, legitimate right of inheritance and foreign investment
will be protected by law.
(6) The Hong Kong Special Administrative Region will retain the status
of a free port and a separate customs territory.
(7) The Hong Kong Special Administrative Region will retain the status
of an international financial centre, and its markets for foreign exchange,
gold, securities and futures will continue. There will be free flow
of capital. The Hong Kong dollar will continue to circulate and remain
freely convertible.
(8) The Hong Kong Special Administrative Region will have independent
finances. The Central People's Government will not levy taxes on the
Hong Kong Special Administrative Region.
(9) The Hong Kong Special Administrative Region may establish mutually
beneficial economic relations with the United Kingdom and other countries,
whose economic interests in Hong Kong will be given due regard.
(10) Using the name of 'Hong Kong, China', the Hong Kong Special Administrative
Region may on its own maintain and develop economic and cultural relations
and conclude relevant agreements with states, regions and relevant international
organisations.
The Government of the Hong Kong Special Administrative Region may on
its own issue travel documents for entry into and exit from Hong Kong.
(11) The maintenance of public order in the Hong Kong Special Administrative
Region will be the responsibility of the Government of the Hong Kong
Special Administrative Region.
(12) The above-stated basic policies of the People's Republic of China
regarding Hong Kong and the elaboration of them in Annex I to this Joint
Declaration will be stipulated, in a Basic Law of the Hong Kong Special
Administrative Region of the People's Republic of China, by the National
People's Congress of the People's Republic of China, and they will remain
unchanged for 50 years.
4. The Government of the United Kingdom
and the Government of the People's Republic of China declare that, during
the transitional period between the date of the entry into force of this
Joint Declaration and 30 June 1997, the Government of the United Kingdom
will be responsible for the administration of Hong Kong with the object
of maintaining and preserving its economic prosperity and social stability;
and that the Government of the People's Republic of China will give its
cooperation in this connection.
5. The Government of the United Kingdom
and the Government of the People's Republic of China declare that, in
order to ensure a smooth transfer of government in 1997, and with a view
to the effective implementation of this Joint Declaration, a Sino-British
Joint Liaison Group will be set up when this Joint Declaration enters
into force; and that it will be established and will function in accordance
with the provisions of Annex II to this Joint Declaration.
6. The Government of the United Kingdom
and the Government of the People's Republic of China declare that land
leases in Hong Kong and other related matters will be dealt with in accordance
with the provisions of Annex III to this Joint Declaration.
7. The Government of the United Kingdom
and the Government of the People's Republic of China agree to implement
the preceding declarations and the Annexes to this Joint Declaration.
8. This Joint Declaration is subject
to ratification and shall enter into force on the date of the exchange
of instruments of ratification, which shall take place in Beijing before
30 June 1985. This Joint Declaration and its Annexes shall be equally
binding.
Done in duplicate at Beijing on 19 December 1984 in the
English and Chinese languages, both texts being equally authentic.
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