Differences between British and Chinese Views of Law Forebode Uncertainties for Hong Kong's People after the 1997 Transfer

Abstract

DIFFERENCES BETWEEN BRITISH AND CHINESE VIEWS OF LAW FOREBODE UNCERTAINTIES FOR HONG KONG'S PEOPLE AFTER THE 1997 TRANSFER Steven L. Chant I. INTRODUCTION In 1984, the Government of the United Kingdom of Great Britain and Northern Ireland ( Britain ) formally agreed to re- turn its dependent territory of Hong Kong to the People's Re- public of China ( China ) under the terms of a bilateral Joint Declaration. 1 In this declaration, Britain relinquished sover- eignty over Hong Kong in exchange for China's commitment to adhere to various international human rights standards and to refrain from implementing socialist policies or systems in Hong Kong for at least fifty years from the 1997 transfer date. 2 Be- cause of the tremendous number of differences between Hong Kong and China, the ramifications for this unprecedented return t Associate at Milbank, Tweed, Hadley & McCloy in the Capital Markets Group. Boston College Law School (J.D. 1995); University of California at Berke- ley (A.B. 1990 with honors); member of the New York, New Jersey and Massachu- setts Bars. For taking the time to review earlier drafts and for providing helpful comments and guidance, I am grateful to Professor Robert C. Berring, University of California at Berkeley School of Law (Boalt Hall); Associate Professor Robert Chu, Rutgers University School of Law - Newark; and Associate Professor Thomas B. Gold, University of California at Berkeley, Sociology Department. 1. Joint Declaration of the Government of the United Kingdom of Great Brit- ain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong, December 19, 1984, 1985 Gr. Brit. T.S. No. 26 (Cmnd 9543) [hereinafter Joint Declaration]. The bilaterally negotiated Joint Declaration became effective on May 27, 1985. The document was initialed by China and Britain on September 26, 1984, formally signed by both nations on December 19, 1984, rati- fied by the British Parliament in March 1985 and ratified by China's National Peo- ple's Congress on April 10, 1985. See Patricia Homan Palumbo, Comment, Analysis of the Sino-British Joint Declaration and the Basic Law of Hong Kong: What do They Guarantee the People of Hong Kong After 1997?, 6 CoNN. J. INT'L L. 667, 674 (1991). 2. See Joint Declaration, supra note 1, Annex I, parts. I, XIII.