Part Two : The Handover

2.0 The Handover: 30 June 1997

"I have relinquished the administration of this Government. God save the Queen."
(Patten, telegram to the Secretary of State, Great Britain.)

It was a night of great solemnity, dignity and some tension as Britain lowered its flag and returned Hong Kong to China. After 12 years of anticipation, the realisation is finally upon the people of Hong Kong. These people had a mix of emotions; confused, tearful, worried, uncertain.

The leaving ceremony began in the afternoon, when Patten and his family left Government House. With an Honour Guard in dress whites, the Last Post was sounded on top of Government House. The Police Pipes and Drums Band played Aulde Lang Syne and then the flag was lowered for the first time since WWII to the National Anthem. Patten took the flag choking back his tears. The cars then toured three times around the greenery in front of Government House in a symbol that one day they will return.

That week one could also experience the "Last night of the Proms", thanks to the Hong Kong Sinfonietta. There, the audience waved flags (Red, Blue and White with a sprinkling of Yellow Stars), and sang to Elgar's Pomp and Circumstance, I Vow to Thee, My Country, Jerusalem and of course, Land of Hope and Glory. It was interesting to note that not just the Brits, but that all the members of the audience joined in, making it a truly international affair.

At the ceremony itself, that evening, 4,000 dignitaries from all over the world attended. It took place in the new extension to the Exhibition and Convention Centre, overlooking the harbour and naturally, facing north to China.

Other parties took place throughout the Territory, on the Peak, at the HK Yacht Club, at the HK Club, etc etc, and at all of these, at the final moment when Britannia sailed out of the Harbour, there were tears of worry and sadness. The end of one era, the beginning of another.

2.1 Patten's Final Policy Address:

On 2nd October '96 Chris Patten gave his Final Policy Address "Hong Kong:Transition" a checklist for Post-'97:

- Is Hong Kong's civil service still professional and meritocratic?
- Is the SAR government writing its own budget on the basis of its own policies or is it under pressure to respond to objectives to Beijing?
- Is the Hong Kong Monetary Authority managing Hong Kong's Exchange Fund without outside interference?
- Is Hong Kong behaving in a truly autonomous way in international economic organisations?
- Is the Hong Kong Legislature passing laws in response to the aspirations of the Hong Kong community and the policies of the SAR government, or is it legislating under pressure from Beijing?
- Are Hong Kong's courts continuing to operate without interference?
- Is the Independent Commission Against Corruption continuing to act vigorously against all forms of corruption including cases in which China's interests may be involved?
- Is Hong Kong maintaining its own network of international law enforcement liaison relationships?
- Is the integrity of the Hong Kong/Guangdong border being maintained, including the separate border controls operated by the Hong Kong Immigration Department?
- Is the Hong Kong press still free, with uninhibited coverage of China and of issues on which China has strong views?
- Are new constraints being imposed on freedom of assembly?
- Are foreign journalists and media organisations in Hong Kong still free to operate without controls?
- Is anybody being prosecuted or harassed for the peaceful expression of political, social, or religious views?
- Are Hong Kong's legislators, at successive stages of the transition, fairly and openly elected, and truly representative of the community?
- Are democratic politicians continuing to play an active role in Hong Kong politics, or are they being excluded or marginalised by external pressure?
- Is the chief executive exercising genuine autonomy in the areas provided for in the Joint Declaration and Basic Law?

The test for the new administration will be the grey area between Chinese sovereignty and local autonomy. The intent behind these 16 questions was that they be a yardstick for how the new HKSAR government could be judged in the future. The 16 Patten Benchmarks will be of influence to Hong Kong's new leaders for some time to come.

2.2 Jaing Zemin's Speech on 1 July 1997

Extract from the speech by President Jiang Zemin at the SAR Establishment Ceremony on 1 July 1997 :

"After the Chinese Government resumes the excercise of sovereignty over it, Hong Kong will continue to practice the capitalist system, with its previous socio-economic system and way of life remaining unchanged, while the main part of the nation persists in the socialist system. As a special administrative region of the People's Republic of China, Hong Kong will enjoy a high degree of autonomy as provided for in the Basic Law, which includes executive, legislative and independent power, including that of final adjudication. The Central People's Government will administer the foreign and defence affairs of the Hong Kong Special Administrative Region in accordance with the law.

The Basic Law of the Hong Kong Special Administrative Region shall be observed not only in Hong Kong, but also by all the departmentsof the central Government as well as the provinces, autonomous regions and municipalities directly under the central Government. No central department or locality may or will be allowed to interfere in the affairs which, under the Basic Law, should be administered by the Hong Kong Special Administrative Region on its own.

After Hong Kong returns to the motherland, the overwhelming majority of the laws previously in force will be maintained. Hong Kong residents will enjoy their rights and freedoms in accordance with the law and will all be equal before the law. The provisions of the International Covenant on Civil and Political Rights, the Covenant on Economic, Social and Cultural Rights, and international labour conventions as aplied to Hong Kong will remain in force to be implemented through Hong Kong's regional legislation. A gradually improved democratic system suited to Hong Kong's reality is an important guarantee for its social and political stability. Hong Kong will, in accordance with the Basic Law, develop democracy gradually with the ultimate aim of electing the chief executive and the Legislative Council by universal suffrage.

After its return to the motherland, Hong Kong will retain the status of a free port and an international financial, trade and shipping centre, while continuing to maintain and de- velop its economic and cultural relations with other countries, regions and relevant international organisations so that this international economic metropolis will forever be vigorous and dynamic.

The Hong Kong Special Administrative Region protects the right to own private property in accordance with law and may, on its own, formulate its economic, trade, monetary, financial, educational, scientific and technological, cultural and sports policies in accordance with law. It will have independent finances, practice an independent taxation system and be a separate Customs territory. All the economic and trade activities and investment interests of other countries and regions in Hong Kong will be protected by law.

Here we would like to reaffirm that "one country, two systems", "Hong Kong people administering Hong Kong" and "a high degree of autonomy" will remain unchanged for 50 years. This is a long-term basic principle of ours.
To many foreigners here, Hong Kong has already become their home. It will remain their home in the future where they can live and work in peace and contentment. In Hong Kong, everyone will have the chance to compete on an equal footing and everyone will be entitled to the rights and freedoms as protected by law, regardless of race and colour."

Prior to this, at Deng's Funeral in February 1996, Jiang Zemin also reinforced Deng's policy that "any policy should be adopted if it brings the treefold benefits of raising productivity, boosting overall national strength and improving living standards". Deng also said that "we should induct Hong Kong politicians from left, right and centre to form the post 1997 administration."

Great words indeed, giving much hope to the people of Hong Kong at such a critical moment in their lives. Mostly centred around the rule of Law. Unfortunately, this is open to many differing interpretations and rulings as has been seen over the last few years. The Provisional Legislature's ability to interpret the Basic Law as it sees fit will be the test of the new administration.

2.3 Policy Agenda of C.H.Tung

After Jiang's speech came the Policy Agenda of C.H.Tung, the new Chief Executive:

- Firmly uphold the Basic Law and Practice "one country, two systems" and a high degree of autonomy;
- Enhance Hong Kong's economic vitality and promote sustained growth;
- Raise the quality of education, starting from basic education;
- Develop a ten-year housing plan, with the aim of increasing home ownership rate to 70%;
- Formulate a comprehensive policy on care for the elderly, and look after the needs of elderly persons;
- Strengthen communication between Hong Kong and the Mainland through mutual trust, mutual economic benefits, cultural interaction, and mutual respect for each other's way of life;
- Maintain and develop Hong Kong's legal system and the rule of law;
- Safeguard the freedoms and lifestyle of the people of Hong Kong;
-Move towards greater democracy in accordance with the Basic Law;
- Lead the Civil Service in an open government and together build -
a stable, free, democratic, equitable and compassionate society;
a decent society with a level playing field and fair competition under the rule of law;
a renowned international financial, trading, transportation and communication centre;
a world class cultural, education and scientific research centre;
a society proud of its national identity and cultural heritage.

And with this speech a new chapter for Hong Kong had begun.



Introduction |||| Part One |||| Part Two |||| Part Three |||| Part Four |||| Part Five |||| Appendices