Retracted letter by Yau Wai-ching to Taiwanese president Tsai Ing-wenTranslated by K Li, written by Yau Wai-ching 游蕙禎 (Youngspiration) [Published on Liberty Times' website on 22 Nov 2016, retracted the same day after Yau declared it was only a "draft" not intended for issue]
22 November 2016
Ms Tsai Ing-wen
Republic of China
The so-called “interpretation of the Basic Law” issued by the government of the People’s Republic of China (mainland area of the Republic of China) on 7 November 2016 has in effect “changed the law” and seriously intervened the autonomy of Hong Kong. Without the scrutiny of Hong Kong’s legislature, the Chinese Communist Party has changed local laws without consent, and has clearly contravened the agreements made in the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong (“Joint Declaration”).
My political party and I have sent a letter to the UK government to inform it of the PRC government’s crude means of intervening in the judicial independence and autonomy of HK. By “changing the law”, the CCP’s action has breached the BL’s Articles 22 and 158. A158 states that the Standing Committee of the National People’s Congress of the PRC has the power to “interpret the law” only when HK’s Court of Final Appeal seeks an interpretation from the NPCSC itself on provisions of the BL concerning affairs which are the responsibility of the PRC government or those which concern the relationship between the PRC government and HK.
However, the CCP’s “interpretation of the law” this time has clearly breached the regulation of the BL and therefore relevant provisions of the Joint Declaration, raising questions as to whether the Joint Declaration has been rendered ineffective. The Declaration was a bilateral treaty signed between the UK and the PRC, and both countries are signatories of the Vienna Convention on the Law of Treaties. So if the PRC government rejects what the UK has required it to do in HK according to the Declaration, it has breached the Declaration. The UK should raise the dispute and the validity of the Joint Declaration to the International Court of Justice in accordance with A66 of the Vienna Convention, and consider to re-establish the status of HK before the handover on June 30, 1997.
According to the Treaty of Nanking and the Convention of Peking, the Qing Empire ceased its sovereignty over HK Island and Kowloon Peninsula (south of Boundary Street) permanently to the UK; while the New Territories was only leased to the UK for 99 years by the Qing Empire. The Joint Declaration should only have the power to handle the sovereignty of HKI and Kowloon, but not the New Territories. The Joint Declaration’s decision to treat the New Territories with HKI and Kowloon is itself controversial. The PRC has destroyed the agreements made in the Joint Declaration, the only attestation it has on the sovereignty it claims to “possess” over HK. In addition, the lease of the New Territories should have ended in 1997, which means the PRC has squatted in the New Territories for 19 years. I hope Your Excellency would seriously consider the issue of sovereignty of the New Territories.
On 9 June 1898, 56 years after HKI was ceded by the Qing Empire to the UK, the UK government signed with the Qing government in Peking the Convention for the Extension of Hong Kong Territory, and was leased the territories north of Boundary Street and south of the Sham Chun River, and the surrounding 233 islands for a period of 99 years until 30 June 1997. The Republic of China government still possesses the three treaties regarding the sovereignty of HK. If the Joint Declaration is no longer effective, the ROC government should state clearly its official stance regarding the status of the New Territories under the constitutional framework of the ROC. For instance, is the sovereignty of HKI and Kowloon different from that of the New Territories under the ROC’s constitutional framework? Will Your Excellency negotiate with the UK government on the matter?
May I suggest that Your Excellency give serious consideration to the aforementioned issue, solemnly state your position and follow up on it assiduously.
Legally and democratically elected representative of the voice of HKers