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Opinion | What the UK parliamentary group’s report on Hong Kong media freedom ignored

  • While the group has accused China of being in breach of the Joint Declaration, it is the UK’s failure to stand up for China’s sovereignty over Hong Kong that is the real issue
  • Not only is the UK discussing its own national security law, the provisions of Hong Kong’s national security law are acceptable by international standards

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A woman walks past a banner promoting the national security law for Hong Kong on June 30, 2020. Photo: AP

The UK All-Party Parliamentary Group recently published a report on the impact of the national security law on Hong Kong’s media and concluded that: “The current situation in Hong Kong is a glaring violation of the Joint Declaration that was meant to preserve human rights guarantees cherished by the UK Government.”

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Those who have read the Sino-British Joint Declaration and know what is happening on the ground in Hong Kong will no doubt have serious difficulties understanding how anyone could come to that conclusion. Perhaps politicians feel they have a licence to say what they please without regard to the facts. Even so, the accusation that China is in breach of the declaration demands examination.

First, the declaration only contains eight clauses. In the first, China declares it will resume the exercise of sovereignty over Hong Kong with effect from July 1, 1997. In the second, the UK government declares it “will restore Hong Kong to the People’s Republic of China” with effect from July 1, 1997.

Under clause three, China declares its basic policies regarding Hong Kong. The first paragraph under this clause makes it abundantly clear that upholding national unity and territorial integrity, taking into account the history of Hong Kong “and its realities”, is the top priority.

One can only conclude from these provisions that it was the joint understanding of both the Chinese and UK governments that China would exercise sovereignty over Hong Kong. If that sovereignty is in danger or under threat, China has a right to safeguard it – and one would have thought that the UK government has a moral if not legal responsibility to voice its concern that the basic premise of the declaration is at risk.

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But did that happen in 2019 when a small faction of Hong Kong political activists openly called for independence or for the US government to sanction Hong Kong? No. The UK government did not openly criticise any attempt to seek independence as a breach of the Joint Declaration. Is that not a clear and serious breach of the spirit, if not the premise, of the declaration?
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