BNO︱ Zheng Ruohua: There is no clause in the "Joint Statement" for the British side to assume powers and responsibilities after the return of Hong Kong

Political situation

Written by: Peng Zhuowei

2021-01-30 11:48

Last update date: 2021-01-30 11:48

In response to the political situation in Hong Kong, the United Kingdom earlier relaxed the BNO application for naturalization qualifications and allowed Hong Kong people to apply for naturalization within a "5+1" period. The measures will take effect tomorrow (31st).

The Ministry of Foreign Affairs announced yesterday (29th) that from January 31st, China will no longer recognize BNO passports as travel documents and identity certificates, and reserves the right to take further measures.

The SAR government also announced last night that it would not recognize the BNO passport as a valid travel document and identification. From Sunday, the BNO cannot be used to enter and exit Hong Kong, nor will it be recognized as any form of identification.

The Secretary of Justice Zheng Ruohua stated in his blog today (30th) that there is no provision in the Sino-British Joint Declaration for the British side to assume any rights and responsibilities after Hong Kong returns to China.

She quoted Xie Feng, the former Special Commissioner of the Office of the Special Commissioner of the Ministry of Foreign Affairs in the Hong Kong Special Administrative Region, who pointed out that after the return of the United Kingdom, Hong Kong "has no sovereignty, no jurisdiction, and no "supervision" rights. The legal ties between the United Kingdom and Hong Kong have ended at the latest when the Sino-British Joint Liaison Group terminates its work on January 1, 2000. The United Kingdom has no right to make new claims of rights and responsibilities against Hong Kong in accordance with the Joint Declaration."

Zheng Ruohua published a blog entitled "Correctly understand the Sino-British Joint Declaration and the British Memorandum". She stated that the terms of the Sino-British Joint Declaration include three annexes, and the key parts, namely the first, second and third paragraphs ( (Together with Annex 1), they are all unilateral declarations of one party without mentioning the other party.

Clauses 4, 5, 6, and Annexes 2 and 3 are related to the arrangements for the transition period, while paragraphs 7 and 8 are related to the entry into force and implementation of the document.

Zheng Ruohua pointed out that from the observation of the content and nature of the "Joint Declaration", it can be seen that the "Joint Declaration" does not have any provisions that would allow the British side to assume any rights and responsibilities after Hong Kong's return to China.

She also quoted the Vice President of the International Court of Justice, Judge Xue Hanqin, who pointed out at the Legal Summit Forum on the 30th Anniversary of the Promulgation of the Basic Law in November last year: "After the return of Hong Kong, what system will be adopted and how to achieve national unity? From the perspective of international law, it belongs to China’s sovereignty Within the scope."

BNO passport cannot be used for Hong Kong entry and exit from tomorrow

Zheng Ruohua emphasized that the SAR government fully cooperates with the country to take countermeasures against the British government's handling of the British BNO passport, and has announced that it will not recognize the BNO passport as a valid travel document and identity proof. From tomorrow, the BNO passport cannot be used for entry and exit in Hong Kong. Nor will it be recognized in Hong Kong as any form of identification.

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