There are three concrete tasks under the Joint Declaration, which China (together with the UK) has already completed:
(a) Article 3(12): the enactment of a Basic Law stipulating 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";
(b) Article 5: setting up of a Sino-British Joint Liaison Group; and
(c) Article 6: setting up of a Land Commission.
For (a), China has already enacted the Basic Law. For (b) and (c), those set-ups have already completed their historical duties.
On the enactment of the Basic Law, overall speaking, the Basic Law has not changed over 20 years, and is still in compliance with the requirements of the Joint Declaration. Unless there is any change to the Basic Law that is in contravention of the Joint Declaration, China's obligation in enacting the Basic Law has been fulfilled.
On the implementation of the Basic Law, the Legislative Council has the constitutional duty to monitor the performance of the Government. Should there be any breach of the Basic Law, the Court of Final Appeal will adjudicate cases independently. In short, it is not for foreign governments including the UK to meddle in the affairs of China and Hong Kong.
1 comment:
the UK has a right to ensure three implementations. and as I said, two were for transition, and as far as the Basic Law is concerned, it WAS implemented according to the JD. so unless the BL was amended to the extent that the amendments contradict the JD then the UK has a say. but so far basically no amendment. whether or not there is noncompliance with the BL, if there is any human rights abuse, the court will remedy. imagine the court says ok, and the UK says not ok, can the UK over rule our court? of course not. it's our court which ensures compliance, not our ex-colonial overlord.
Post a Comment