B4-0181, 0182, 0183, 0184, 0187 and 0282/97

Resolution on the situation in Hong Kong

The European Parliament,

- having regard to its former resolutions on Hong Kong,

A. recalling that, on 1 July 1997, the sovereignty of Hong Kong will revert from the United Kingdom to China on the basis of the Joint Sino-British Declaration and the Basic Law of the Hong Kong Special Administrative Region,

B. recalling the undertaking given in the Joint Declaration that the Hong Kong Special Administrative Region will enjoy a high degree of autonomy, except in foreign and defence affairs,

C. whereas the Joint Declaration stipulates that Hong Kong, after it is restored to China on 1 July 1997, will enjoy a high degree of autonomy for 50 years, with the laws currently in force remaining basically unchanged, as will the prevailing lifestyle, with rights and freedoms, including those of speech, assembly and the press, guaranteed,

D. whereas Article 39 of the Basic Law stipulates that the International Covenant on Civil and Political Rights shall be implemented through the laws of the Hong Kong Special Administrative Region (SAR); whereas Article 156 of the Joint Declaration stipulates that the provisions of the same Covenant, as applied to Hong Kong, shall remain in force,

E. noting that Chinese President Jiang Zemin has reaffirmed the principles and policies of Deng Xiaoping as the basis for the transfer of sovereignty; noting that these principles include one country, two systems and a commitment to the continuity of institutions and the rule of law,

F. concerned by Chinas announcement that it will dissolve the democratically elected Legislative Council and replace it with a body made up of people chosen by the Chinese government; notes the appointment of this provisional legislature before the transfer of sovereignty,

G. noting reports that Chinese Foreign Minister Qian Qichen has stated that the provisional legislature will be replaced by a new elected council,

H. concerned by Chinas announcement of the future repeal of parts of the 1991 Hong Kong Bill of Rights Ordinance as well as the future amendments of the Public Order Ordinance and the Societies Ordinance which could restrict freedom of assembly and expression; noting that these moves are opposed by a majority of Hong Kongs population,

I. welcoming, however, the continuity represented by the appointment of the principal officials of the first government of the Hong Kong Special Administrative Region,

J. noting that Hong Kongs gross domestic product grew last year by 4.5%, reflecting the economic success associated with a smooth transfer of sovereignty,

K. noting that the refugee situation in Hong Kong has not been completely resolved,

L. recalling also the future transfer of sovereignty of Macau at the end of 1999,

M. welcoming the announcement by Chinese authorities that they will sign the International Covenant on Economic, Social and Cultural Rights and are studying the possibility of signing the International Covenant on Civil and Political Rights,

N. whereas the European Union is currently discussing and defining its long-term policy towards China,

1. Considers that the future of Hong Kong and Macao and the maintenance of their political, social and economic freedom is a matter of determining importance for the EU;

2. Calls on the Union and its Member States to stand firmly together and to ensure that the transfer of sovereignty takes place in full accordance with the principles set out in the Joint Declaration and the Basic Law;

3. Considers that the full implementation of the Joint Declaration is an essential part of a successful transfer of sovereignty and calls on the Chinese authorities to respect in every way the Sino-British Joint Declaration and the provisions of the Basic Law;

4. In view of the proposed amendments to civil rights legislation, recalls that the Joint Declaration promises that Hong Kong will have a high degree of autonomy and that its way of life and cherished freedoms will be protected, in particular by the continued application of the International Covenant on Civil and Political Rights;

5. Regrets the Chinese Governments decision to dissolve Hong Kongs elected Legislative Council and questions the legitimacy of the Provisional Legislative Council; requests the Chief Executive of the Hong Kong Special Administrative Region to hold elections for a new Legislative Council within three months in accordance with Article 70 of the Basic Law;

6. Believes it to be important to develop a dialogue with the United States Congress, further to the 1992 US Hong Kong Act;

7. Urges the Hong Kong Authorities and the International Community to renew their efforts to completely resolve the situation of refugees in Hong Kong before the transfer of sovereignty;

8. Calls on the Council of Ministers to elaborate how it intends to develop its relations with Hong Kong following the transfer of sovereignty;

9. Calls on the Commission to produce an annual report covering political, economic and human rights developments in the Hong Kong Special Administrative Region;

10. Resolves to monitor closely the situation in Hong Kong after the handover, and in particular the following points:

- independence of the judiciary,

- continuation of the practice of making regular and timely reports under the International Covenant on Civil and Political Rights and under the International Covenant for Economic, Social and Cultural Rights to the relevant UN bodies;

- maintenance of the right to hold peaceful demonstrations,

- freedom of political parties to operate,

- the continuation of an independent civil service appointed on merit,

- freedom of the media;

11. Points to the importance of sending a European Parliament fact-finding mission to Hong Kong after the transfer of sovereignty;

12. Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the Government of the Peoples Republic of China and the Chinese National Peoples Congress.