Getting rid of pandering hypocrisy

British Parliament should review unilateral legislative moves by last HK governors that left holes in the democratic process

The British Parliament has launched an inquiry into the present chaotic situation in Hong Kong. As someone who was a visiting chair professor at Lingnan University at the critical juncture (1997-99) of Hong Kong's handover to China and who has followed events in the Hong Kong Special Administrative Region ever since, my immediate thought on hearing the news was that I do not envy the parliamentary team that will conduct the inquiry. While its charge is to examine the implementation of the Sino-British Joint Declaration of 1984 that set the terms for the transfer of Hong Kong's sovereignty, a review of that implementation process will also have to look at Britain's responsibility between 1985 and 1997 as well as what has happened under the Chinese after the 1997 handover.

Article 4 of the Joint Declaration provides that "during the transitional period between the date of the entry into force [1985] of this Declaration and 30 June 1997, the Government of the United Kingdom will be responsible for the administration of Hong Kong with the object of maintaining and preserving its economic prosperity and social stability". The same article provides for "Chinese cooperation" in the course of the transitional British administration of Hong Kong. According to Article 31 of the Law of Treaties Convention (1969), a treaty (including an agreement) is to be interpreted "in light of its object and purpose". Since the foremost purpose of the agreement between China and Britain was to preserve the "current" system and stability of Hong Kong, this part of the Declaration should be construed to imply the preservation of the "current" system as it existed in 1985.