Document Type

Article

Disciplines

International Law

Abstract

In 1997 Hong Kong will become a Special Administrative Region of the People's Republic of China (PRC), and will therefore cease to be a colony of the United Kingdom. The people of Hong Kong have been promised both autonomy and capitalism for fifty years by the Chinese and British governments. The promises of these two governments are embodied in the Joint Declaration, which is best understood as a treaty between the People's Republic of China and Great Britain.' China has additionally promulgated and enacted the Basic Law, which is a statute of the People's Republic. The purpose of the Basic Law is to further guarantee autonomy and capitalism in Hong Kong after 1997.

Despite China's willingness to guarantee autonomy and independence for Hong Kong under its rule, Hong Kong's future does not look promising. Two factors will determine whether Hong Kong citizens will enjoy their promised freedom and capitalism after 1997. One factor is a political environment in the People's Republic of China which will support a capitalist system in Hong Kong. The Chinese leaders who are in power must be willing and able to honor the promises which China has made in the Joint Declaration concerning Hong Kong. The second factor which will determine whether or not China will honor its promises concerns whatever pressure China would receive from the international community should it not comply with the terms of the SinoBritish Joint Declaration, and whether, if it receives such pressure, it would respond to it.

There are several reasons why the PRC should honor its promises. Hong Kong is important to China for both political and economic reasons. The PRC needs Hong Kong to strengthen China's economy and to fulfill the PRC's self-imposed mandate to "reunify" China. The PRC particularly does not wish to fail in the latter, and hopes to "set an example" for the Taiwanese to see their way to a safe "return to the fold." Concern and anticipation are understandably prevalent in Hong Kong as its future remains uncertain.

This article examines the negotiations preceding the signing of the Joint Declaration between the United Kingdom and the People's Republic of China and discusses the relevant history of Hong Kong in this regard. Pertinent aspects of China's legal and political system will be analyzed in order to understand the significance of the Basic Law for Hong Kong after 1997. Recent political events in the PRC will be reviewed in order to determine their impact on Hong Kong. The legal and international significance of the Joint Declaration will be discussed, and the Basic Law promulgated by the PRC subsequent to the Joint Declaration's signing will be examined.

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