Is China abandoning its obligations in the Sino-British Joint Declaration?

Abstract

In 2014, the Chinese government issued its first white paper on Hong Kong: “The Practice of the ‘One Country, Two Systems’ Policy in the Hong Kong Special Administrative Region” (White Paper). This dissertation explores whether Beijing has changed its Hong Kong policy after the White Paper, by comparing the White Paper to the Sino-British Joint Declaration on the Question on Hong Kong (the Joint Declaration) (1984), which laid the legal foundation for China to resume its exercise of sovereignty over Hong Kong in 1997 and to set up Hong Kong Special Administrative Region (HKSAR). This dissertation argues that, the White Paper marks a shift in Beijing’s Hong Kong policy as Beijing deviates from the obligations it signed up to in the Joint Declaration. On the one hand, the White Paper redefines its promises in the Joint Declaration; on the other hand, Beijing attempts to sideline the Joint Declaration in its official rhetoric. This shift in rhetoric can also be observed in HKSAR government’s rhetoric. Although Chinese officials have repeatedly claimed that the Joint Declaration has no significance, according to the Vienna Convention of Law of Treaties (VCLT) (1969), the Joint Declaration, as a treaty under international law, is still in force. However, the lack of enforcement mechanism makes it difficult to held Beijing accountable for breaching the Joint Declaration. China’s rising soft power also make it less prone to shaming diplomacy. This interdisciplinary analysis integrates political and international law perspectives, and will consequently benefit Hong Kong’s politicians and opinion leader in better addressing Hong Kong’s autonomy.