Philip Bowring:
Britain should stick up for Hong Kong Beijing's encroachment By Philip Bowring (IHT) Tuesday, April 13, 2004
Seven years after the handover of Hong Kong, Britain has scant levers
with which to influence Beijing. It has little to offer by way of
commercial threats or strategic quid quo pros. But that does not absolve
it of responsibility for speaking out forcefully, and explaining China's
gross breaches of an international treaty - the Sino-British Joint
Declaration on Hong Kong, agreed in 1984 and formally signed the following
year. The Basic Law, Hong Kong's mini-constitution, is supposed to conform
with this document. Although Hong Kong's citizens had scant input into the
Joint Declaration, it was supposed to represent Britain's best efforts to
achieve meaningful autonomy for them under Deng Xiaoping's "one country,
two systems" formula.
The Basic Law, finalized in the aftermath of Tiananmen, was always
hedged with Beijing's anxieties about Hong Kong's special status. A 1992
international commission of jurists report noted that “the Basic Law is
inconsistent in many important respects with the obligations accepted by
the PRC in its ratification of the Joint Declaration.” But until now it
had never sought to impose an overtly political interpretation of its own
on the Basic Law.
China's annex to The Joint Declaration states clearly that Hong Kong
legislation only has to be reported to Beijing, that its courts have power
of final adjudication, that the executive authorities are accountable to
the Hong Kong legislature and that internal security is a local
responsibility. Hong Kong was promised a “high degree of autonomy except
in foreign and defense affairs.”
Yet now Beijing's move to “interpret” the Basic Law not only amounts to
the creation of major amendments to that law but has the effect of
trashing China's commitments under the Joint Declaration. The National
Peoples Congress has taken away all of Hong Kong's ability to initiate
change within the Basic Law, in its internal procedures and handed to the
chief executive, whom Beijing appoints, powers to determine whether any
changes are necessary.
Beijing has made in very plain that it regards Hong Kong's degree of
autonomy as being provided by its grace and favor and thus subject to its
political priorities, not the letter of the law. As for the
internationally recognized treaty known as the Joint Declaration, it might
as well not exist as far as China is concerned. Beijing insists that
Britain and other countries are not allowed to comment on such issues as
they are internal affairs.
The British attitude is scarcely any different. The British Foreign
Office put out a statement of “regret” at the Basic Law “interpretation”
but it was couched in language so moderate as to have gone barely noticed
in Hong Kong where the main English-language newspaper gave it less than a
column on an inside page. In London, the expression of “regret” was left
to a junior minister. Blair and Foreign Minister Jack Straw were far too
busy re-enacting Iraq 1920 to bother with commitments to Hong Kong.
Blair's desire to go to war for democracy in Iraq but ignore Hong Kong
fits with the dominant instincts in Britain's Foreign Office that has long
harbored China “experts” arguing the futility of confronting China. In the
years between the Joint Declaration and the 1997 handover, Foreign Office
interests frustrated Hong Kong efforts to see that the autonomy promises
of the declaration were enshrined in constitutional development. Senior
diplomats actively - and quite improperly - campaigned to thwart the
belated efforts of the last governor, Chris Patten, to push through
democratic advances. It was to Prime Minister John Major's credit that he
backed Patten and Hong Kong's own aspirations against diplomats and
commercial interests.
Britain may have little direct leverage. But it retains the ability to
present this as an international legal issue. It could bring the breaches
of the Joint Declaration to the UN or ask that the issue be considered by
the International Court. Of course, China will not agree to “interference”
any more than in 1992 when it declined to meet with the International
Commission of Jurists. But a China now playing a role in world affairs
should at least be made to suffer embarrassment from its failure to
fulfill its promises to Hong Kong. |
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