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1 1 (June 30, 2017)

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   I Cong ressin, l


              Resea rch Sevice





Hong Kong Marks 20th Anniversary of

Handover to Chinese Sovereignty



June 30, 2017


On July 1, 1997, Hong Kong returned to Chinese sovereignty in accordance with the Joint Declaration of
the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the
Peopies Republic of China (PRC) on the Question of Hong Kong (Joint Declaration) and the Basic
Law of the Hong Kong Special Administrative Region (HKSAR) (Basic Law). Twenty years later, some
observers, including some Members of Congress, question the PRC government's commitment to the
Joint Declaration and the Basic Law, and have proposed changing U.S. relations with China and Hong
Kong accordingly.


One Country, Two Systems

Originally formulated for the future resolution of Taiwan's relationship with the PRC, China and the
United Kingdom adopted the One Country, ,Two Systems policy during the Joint Declaration
negotiations. Under One Country, Two Systems, Hong Kong would be afforded a high degree of
autonomy, except in foreign and defence affairs, and its current social and economic systems in Hong
Kong will remain unchanged. The Basic Law provides the HKSAR government with executive,
legislative and independent judicial power, including that of final adjudication, in accordance with the
provisions of this Law.
China's National People's Congress Standing Committee (NPCSC), however, has periodically
interpreted the Basic Law in a manner some observers maintain violates Hong Kong's high degree of
autonomy and undermines its independent judicial power. In November 2016, while Hong Kong's
High Court was considering a case determining the legitimacy of two prodemocracy Legislative Council
(Legco) members' oaths, the NPCSC issued an interpretation of Article 104, setting new conditions for
the taking of oaths of office (see CRS Insight IN 10605, China and the Hong Kong High Court Issue
Decisions on Legislative Council Controversy (Update)). Subsequently, outgoing Hong Kong Chief
Executive Leuting Chun--ying filed another suit to have four more prodemocracy Legco members removed
from office for allegedly failing to take their oaths in the manner prescribed by the NPCSC's
interpretation.


Democratization and Self-Determination

The Basic Law also states that the ultimate aim is the selection of the Chief Executive by universal
suffrage upon nomination by a broadly representative nominating committee in accordance with

CRS INSIGHT
Prepared for Membes and
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