The Hague International Model United Nations, Singapore 2016 | XII Annual Session
Forum:
General Assembly 4 (Special Political and Decolonisation)
Issue:
The Question of Hong Kong
Student Officer: Lanz Aaron Tan
Position:
Head Chair
Introduction
156 years of British colonial rule over Hong Kong ended in fireworks moments after midnight on
July 1 1997 as the Chinese flag was hoisted over the island. But was this transfer really as clear-cut as
the “handover” ceremony made it seem? How many people really wanted to witness the end of British
colonial rule in Hong Kong?
Negotiations between Chinese and British officials began long before the “handover”, with the
British finally agreeing to hand Hong Kong back to Mainland China on December 19th 1984 during the
British-Chinese Joint Declaration (also known as the Sino-British Joint Declaration). In order to ease Hong
Kong’s transition from housing a highly capitalist system towards a strongly communist one, officials from
both countries agreed to “One Country, Two Systems”. The main idea behind this policy was to keep Hong
Kong protected from the strict communist government which ruled over China with a broader range of
freedoms not enjoyed in the Mainland– such as universal suffrage– for 50 years after the “Handover”.
This new system (which protected capitalism in the Hong Kong Special Administrative Region HKSAR) was protected by “Basic Law”. This legal document was adopted at the Third Session of the
Seventh National People’s Congress on 4 April 1990 and officially promulgated on the same day. Basic
Law is a constitutional document of the HKSAR which clearly sets out Hong Kong’s principle policies in
regards to China; most importantly it preserves the integral concepts of “one country, two systems” in a
legal document.
More recently, an unofficial poll run by pro-democracy groups in July 2014 allowed Hong Kong
residents to choose between three options on how they wanted to directly elect their head of local
government– the Chief Executive– from 2017 onwards. In response, Mr Leung said his government would
do its best to move towards universal suffrage. Nevertheless, Chinese state-media dismissed the
referendum as illegal and violating Basic Law. Moreover, Hong Kong's demands for universal suffrage
were not met on August 31 2014 when the Chinese government at Beijing rejected the proposals to give
the Hong Kong Chief Executive position ‘open nominations’. Instead, the pools of candidates for the Chief
Executive - which Hong Kong residents could vote for - would be chosen by a committee of pro-Beijing
officials.
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Frustrated with the executive decisions made by Beijing officials, Hong Kong protesters
demonstrated on the streets for more than two months, demanding fully democratic elections for the city's
Chief Executive, lasting from September 28 to December 11 2014. They also insisted that the current
Chief Executive (C.Y. Leung) had to resign.
Although tens of thousands took to the streets at the peak of the protests, public support withered.
By December, even one of the main organisers for the protests - Occupy Central - retreated and called on
remaining student groups to dismantle protest sites as well.
Definition of Key Terms
Basic Law
Basic Law refers to a Hong Kong constitutional document. One of the most important aspects of
the document is that it explicitly points out that the Hong Kong area would be part of the People’s Republic
of China, but continue to operate in a capitalist style - the “One Country, Two Systems” approach. As such,
the communist practices which take part in Mainland China would seemingly not be practiced in the
HKSAR. Examples of some of these freedoms include the rights to free speech, demonstration, movement
and strike. The region enjoys a high level of autonomy from China such as independent judicial power, a
capitalist economy, a separate currency and even a separate identity from the People’s Republic of China
in fields such as trade, finance and sports. The Basic Law document also states that the executive
authorities of Hong Kong can only be composed of permanent residents from Hong Kong.
Sino-British Joint Declaration
This declaration was negotiated after a volley of meetings from the Chinese and UK governments,
culminating in the official release of the document on December 1984. It was ratified on 27 May 1985, and
was registered by both countries at the United Nations on June 12 that year. Within the agreement, China’s
Government stated that it would take the Hong Kong area (Hong Kong island, Kowloon, and the New
Territories) into its territory effective July 1 1997. The PRC Government also declared its basic policies
regarding Hong Kong in the document, which specifically outlined that two systems can co-exist in one
country.
Umbrella Revolution
Beginning on 28th September, 2014, the movement to “Occupy Central with Love and Peace”
brought 80,000 Hong Kong residents to set up protest sites in Admiralty, threatening to cut off Hong Kong’s
central financial district. At its peak, it had as many as 200,000 Hong Kong citizens taking to the streets in
a protest over the elections for 2017’s Chief Executive. Also heading the revolution were numerous student
groups including the Hong Kong Federation of Students and Scholarism. However, after a few
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unsuccessful meetings between the opposition and the government, protest sites began to be dismantled
on the 11th December, and public support for the pro-democracy movements began to wane from the
streets. The meetings between student organizations and government officials were even televised in
Hong Kong and internationally, although neither side forsook their stances. Further meetings between
student groups which dealt directly with the Chinese government in Beijing were cancelled after the airline
allegedly denied access to the revolutionary students because of faulty documentation.
Universal Suffrage
This is outlined in Article 21 of the Universal Declaration of Human Rights as well as throughout
Hong Kong Basic Law. It allows that the will of the people shall be the basis of the authority of government;
this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage
and shall be held by secret vote or by equivalent free voting procedures. It is the right to vote for citizens
of Hong Kong as well as the right to choose nominees to vote for. A widely controversial article in Basic
Law (Article 45) reads that “The Chief Executive of the Hong Kong Special Administrative Region shall be
selected by election … held locally and be appointed by the Central People's Government”. It also
specifically states that “the method for selecting the Chief Executive shall be specified in the light of the
actual situation in the [HKSAR] and in accordance with the principle of gradual and orderly progress. The
ultimate aim is [to select the CE through] universal suffrage upon nomination by a broadly representative
nominating committee in accordance with democratic procedures”.
Hong Kong Special Administrative Region
This is a region which is under Chinese sovereignty (including the island of Hong Kong, Kowloon,
and the New Territories), but operates under a separate system of laws, which allows for a more market based economy, a wider range of freedoms, and an independent judicial system. However, the People’s
Republic of China remains in control of Hong Kong’s foreign policy and national defense.
Background Information
History on the issue of Hong Kong
From 1839 to 1842, the First Opium War ravaged South-East China as British troops pushed an
offensive that stretched from Canton to Nanjing. The backstory for the war was the opium trade that had
been snaking into China through British trade routes such as through the port of Canton and British
colonies such as India. When the addiction to the drug began to leave numerous social and economic
consequences in China, the reigning Qing dynasty decided to act by cutting back imports of opium. For
instance, in March 1839 the Chinese government confiscated and destroyed more than 20,000 chests of
opium—roughly 1,400 tons of the drug. Ultimately, the British retaliation towards the Qing dynasty’s opium
policies escalated into an armed conflict. British troops invaded China to crush anti-British opposition. With
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a largely oriental army at the time, the Chinese were no match for the well equipped British soldiers and
quickly pushed back. One of Britain's first acts of war was to occupy Hong Kong, a sparsely inhabited
island off the coast of southeast China. When the British forces captured the city of Nanjing, the First
Opium War ended, and peace negotiations began.
The product of these peace talks was the Treaty of Nanjing, signed on August 29 1842. One of the
most significant parts of the treaty was that it allowed for a multitude of new British ports. What was
originally just one door to the West (the port of Canton) exploded into five. More importantly, it also saw
that China ceded the island of Hong Kong to the British. Britain’s new colony flourished as an East-West
trading center and as the commercial gateway for southern China. By 1898, Britain was granted an
additional 99 years of rule over Hong Kong under the Second Convention of Peking. After the 99 year
lease, and with growing international pressure to end colonialism, the UK agreed to transfer sovereignty
of Hong Kong to China during the Sino-British Joint Declaration.
Start of Economic Development
Upon taking possession of the island, early estimates placed the island’s population at roughly one
thousand five hundred with a vast majority being part of a fishing community. However, within two years,
the increased trading activity catalyzed the economic development of Hong Kong and the population
increased twelve-fold to 19,000 by 1844. This was largely because of the island’s significance as a trading
port connecting the East and West hemispheres. It was not just British traders who were attracted to the
colony; other European traders took advantage of the free port to establish businesses on the island. The
island also became a means of emigration for many Chinese civilians.
Second Opium War
As the British sought to expand their foothold on China, another armed conflict seemed like the
perfect opportunity. Carefully baiting the Chinese government and allegedly concocting stories of Chinese
assault on British vessels, the Second Opium War began on 1856. It ended in 1860 with another British
military victory at the Peking Convention. Yet more land was ceded to the British from China, including the
Kowloon peninsula and Ngon Sun Chau. As a result, the British colony in China was provided with much
needed space for buildings and port facilities. However, the growth of the island could not be slowed and
on 1898, the British leased the New Territories together with 235 islands for a period of 99 years.
World War Two and the Cold War
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World War Two saw Hong Kong fall to the Japanese. They attacked Hong Kong as part of their
coordinated attacks across Asia on December 7th, 1941. The colony fell on Christmas Day 1941 and was
under occupation until August 1945. During the brutal Japanese regime, the population of the colony fell
to just 600,000 (most were suffering from malnutrition). The colony's economic activity had shriveled
although there was some functioning infrastructure remaining.
Hong Kong's population recovered with yet another flow of refugees. This time it was the end of
the Nationalist government of China as the resurgent Communist forces seized control of Mainland China.
By 1950, the population of Hong Kong swelled to 2.3 million.
The massive population was too much for the island, but it helped Hong Kong develop economically
due to the labour resources it brought in. As a result, the influx of people was necessary in enabling Hong
Kong to transform into one of Asia’s major financial centers, and in turn helping emphasize the image of
capitalist power in Asia.
Return to China
Despite how only the New Territories were due to return to Chinese control in 1997 after the 1898
agreement, the communist Chinese government made it a priority to recover the entire colony of Hong
Kong and would not settle for anything less. The UK government at the time (under Prime Minister
Margaret Thatcher) considered retaining parts of the colony (namely Kowloon and Hong Kong Island)
because of the economic significance of these areas and so that the UK would maintain a foothold in Asia,
but the infrastructure and administrative difficulties prevented this from happening. The British government
finally admitted that it had more to lose than to gain by hanging on to the original two parts of the colony
and signed the Chinese British Joint Declaration on December 19th 1984. The agreement facilitated the
return of all the ceded and leased territories to China by July 1 1997. Although there was still a large debate
regarding the political status of Hong Kong after the transfer (particularly the extent of democracy the
region would be run), the Chinese government ultimately assumed control of Hong Kong as a Special
Administrative Region directly under the central government.
Handover
A few minutes into the 1st of July, 1997, the Union Jack flag was finally lowered in Hong Kong. In
a ceremony with fireworks, processions and national anthems, the island of Hong Kong was returned to
China. It was an event awaited with fear and excitement since 1984, when Britain and China agreed on
terms for the transfer of power over Hong Kong. It ushered a time of uncertainty over whether China would
honor its pledge in ‘Basic Law’ and the Sino-British Joint Declaration to maintain Hong Kong's more
democratic way of life unaltered for the next 50 years.
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Key Issues
Basic Law
This is one of the most important constitutional documents of the Hong Kong Special Administrative
Region (HKSAR). While specifying that the HKSAR would be under Chinese sovereignty, it also makes
clear that it would also operate with a larger deal of autonomy. The degree of autonomy is not specifically
stated, but Hong Kong was supposed to run with the same capitalist system as under the British for another
50 years (from 1997). Some of these freedoms include the rights to open speech, press, association,
assembly, demonstration, movement and strike. The region has a high degree of autonomy and enjoys
executive, legislative and independent judicial power.
However, Basic Law has its problems. Since the degree of autonomy is not fully specified, the
People’s Republic of China believes that semi-autonomy in the region would suffice so that the government
can establish political control over the HKSAR. However, many Hong Kong citizens feel that this political
influence is a violation of the Basic Law.
“One Country, Two Systems"
This was the proposed system in the Chinese-British Joint Declaration of 1984. Hong Kong
was to be run in a broader capitalist sense, much as it has been during British rule, for the next 50
years. However, fears were widespread in Hong Kong that this would not be met - particularly with
business leaders in region. These trepidations were first realized by many in 2003 with the AntiSubversion Act, which in part banned groups which were not allowed in Mainland China from Hong
Kong. More recently, Hong Kongers feared for the loss in part of the rights to Universal Suffrage
Universal Suffrage
Universal Suffrage refers to the universal and equal right for all people in an area to vote.
In Hong Kong 2014 protests, a major reason why so many people took to the streets (80,000 in
Admiralty alone) was the loss of Universal Suffrage. The 2017 and 2020 nominations for chief
executives of Hong Kong were announced in August 2014 by Beijing to be drawn from a shortlist
screened by a panel of pro-Beijing officials.
Occupy Central Protests
Starting on September 28, 2014, thousands of people began occupying Hong Kong’s central
financial district. Although the police fired tear gas to disperse pro-democracy protesters (Hong Kong
Police had not used tear gas since 2005), the crowd was not deterred. They continued to block a key
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government district road after official warnings. Protest organisers said as many as 80,000 people flooded
the streets in Admiralty district in anger over student arrests.
After more than two months of protests the leaders of Occupy Central, including Benny Tai handed
themselves in to a local police station, a symbol of the end of civil disobedience by the start of December,
2014. On December 11, 2014, the Occupy Central site was cleared by the police. The police arrested a
dozen protesters when they refused to be cleared from the protest sites.
Pro-Government Protesters
On October 3, 2014, groups rallying in support for the Beijing government’s decision took
to the streets in Mong Kok to combat with Occupy Central protesters. A police group had to be sent
in to disrupt the violence. Following this, there were rumors of police involvement which favoured
the anti-Occupy movement.
Major Parties Involved and Their Views
People’s Republic of China
The Chinese government agreed to absorb Hong Kong into its territory in 1984, and many were
concerned about how the strict communist state would be a fit for the highly democratized island. Many
Hong Kong citizens were pleased with the ‘Basic Law’ a legal document which protected the “One Country,
Two Systems” approach where the communist practices in Mainland China would not involve the Hong
Kong Special Administrative Region. The People’s Republic of China agreed to maintain this system for
50 years after Handover.
However, the communist government strongly wishes to assert political control over Hong Kong.
The main instance of this is the Chief Executive position. Although ‘Basic Law’ suggests that Universal
Suffrage would be a right of Hong Kong citizens, the Chinese government has screened candidates for
the Chief Executive position through a panel of pro-Beijing supporters. Beijing denies claims that the
revolution is legitimate and also calls the revolution itself as a violation of ‘Basic Law’. The government
believes that semi-autonomy would be enough for Hong Kong.
Revolutionaries in Hong Kong
The main group behind the protest was ‘Occupy Central with Love and Peace’. This was led by
Benny Tai, a law professor at the Hong Kong University. Other major student groups which backed up the
protests included Scholarism (led by Joshua Wong) and the Hong Kong Federation of Students (led by
Alex Chow and Lester Shum). These groups demand for the right of Universal Suffrage to be met in the
Hong Kong region because it was enrshined in the ‘Basic law’.
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United Kingdom
Although the United Kingdom ceded the island of Hong Kong to the People’s Republic of China in
1997, British MPs have claimed to have real concern over the situation and understand the people of Hong
Kong’s need to have an accountable government. British MPs who attempted to travel to Hong Kong were
banned when Chinese officials felt this would aggravate the protests. The United Kingdom stands to back
up the rights of Universal Suffrage.
Amnesty International
Amnesty International is an international organisation that looks out for global human rights
violations. They quickly responded to the Umbrella Revolution in terms of human rights violations during
the protest. For example, they protested the use of pepper spray by the Hong Kong police against
demonstrators during the Umbrella Revolution. They also advocated the rights to universal suffrage and
the rights to protest which were enshrined in both Basic Law and the Sino-British Joint Declaration (the
latter of which is binding).
Timeline of Relevant Resolutions, Treaties and Events
Date
Description of event
First Opium War Begins
March 18, 1839
Conflict between China and Great Britain over the growing opium trade. It grew
from the port of Canton and ended soon after the British captured Nanjing.
Treaty of Nanjing
August 29, 1842
This treaty ended the First Opium War. It granted Britain more access to
trading ports and ceded the island of Hong Kong to Great Britain.
Second Convention of Peking
July 1, 1898
This convention granted the island of Hong Kong to Great Britain (along with
the New Territories and 235 islands) for a further 99 years from July 1, 1898.
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Japan invades Hong Kong
December 18, 1941
British forces were quickly overwhelmed by Oriental Blitzkrieg and the island of
Hong Kong was surrendered to the Japanese by Christmas Day that same
year.
Japan surrenders - Second World War Ends
August 15, 1945
Hong Kong is returned to Great Britain as a colony.
Communists win revolution
October 1, 1949
Mao Zedong declares the People’s Republic of China. China is now ruled as a
one party state with the communists in power.
Sino-British Joint Declaration
19 December, 1984
The United Kingdom agrees to hand over Kowloon, the New Territories and
Hong Kong island to the People’s Republic of China. This would take place on
July 1, 1997 - the end of the 99 year lease.
Tiananmen Square Massacre
The Chinese military open fired on student protesters with live ammunition
June 4, 1989
during a protest in Tiananmen Square in central Beijing. It was just 8 years
before Handover. The death toll was never officially released by the Chinese
government, but estimates range from several hundred to 10,000.
Handover
July 1, 1997
Hong Kong is officially ceded to China from the United Kingdom
Student Protests end Chinese Patriotism Classes
September 8, 2012
Hong Kong government plans for said classes were scrapped in an
embarrassing manner when tens of thousands of students took to the streets in
protest.
China rejects nominations for next city leader
August 31, 2014
Instead, the 2017 and 2020 chief executives of Hong Kong would be selected
from a pool of nominees hand picked by a pro-Beijing panel
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September 22, 2014
Hong Kong class boycotts begin
Occupy Central begins in Admiralty district
September 28, 2014
Some 80,000 people blocked the roads in Hong Kong. This resulted in the
closures of schools, banks and some companies. Tear gas is used to control
the crowd.
October 3, 2014
Pro-Beijing groups clash with ‘Occupy Central’
Televised Debate
October 21, 2014
This took place between Student protest leaders and Government officials.
They attempted to reach a compromise on democracy.
Occupy organisers turn themselves in
December 3, 2014
The leaders of Occupy Central turn themselves in to a police station. However,
no charges were filed. It was a symbol of the end of the revolution.
June 18, 2015
Hong Kong government formally announces new voting system
Relevant UN Treaties and Events

UN Charter, Chapters XI, XII, and XIII

Declaration on the Granting of Independence to Colonial Countries and Peoples, 14 December
1960 (A/RES/1514 (XV))

General Assembly Resolution defining the three options for self-determination, 15 December
1960 (A/RES/1541 (XV))

General Assembly Resolution establishing the Special Committee on Decolonization, 27
November 1961 (A/RES/1654 (XVI))

International Covenant on Civil and Political Rights, 16 December 1966 (A/RES/2200A (XXI))

International Decade for the Eradication of Colonialism Report of the Secretary General, 27
November 1989 (A/44/800)
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
Implementation of the Declaration on the Granting of Independence to Colonial Countries and
Peoples, 29 November 1991 (A/46/593/Add.1)

Implementation of the Declaration on the Granting of Independence to Colonial Countries and
Peoples, 20 October 2000 (A/55/497)
Evaluation of Previous Attempts to Resolve the Issue
The United Nations High Commission for Human Rights has urged China to grant free elections to
Hong Kong because Universal Suffrage not only includes the right to vote, but also the right to stand office.
China has ignored these claims and in June 18, 2015, the new voting system was announced to be less
democratic. The Chinese and Hong Kong governments claim that the existing voting system for nominating
Chief Executives already uses Universal Suffrage since all permanent Hong Kong citizens have a right to
vote. However, other countries - such as the UK - and Hong Kong citizens point to Article 45 in Basic Law
and how it reinforces that Universal Suffrage both involves the rights of all citizens to vote and that the
nominations reflect the views of the citizens.
British politicians attempted to enter Hong Kong in an attempt to sympathize with the protestors
and help increase understanding of the rights for Universal Suffrage. However, they were banned from
entering as the Chinese government believed their presence would aggravate protests.
Negotiations between student protest leaders and government officials began with televised
debates and trying to set the stage for compromise. However, none was reached and the student leaders
were even denied a flight to Beijing in order to negotiate with the Chinese government.
Possible Solutions
Increasing awareness for the rights to Universal Suffrage in Hong Kong by holding youth
conferences that aspire leadership. Encouraging youth to pursue pro-democratic movements to pressure
Beijing for violating Universal Suffrage which was enshrined both in Basic Law (1990) and the terms of the
British-Chinese Joint Declaration (1984).
Creating a third party non-governmental (NGO) or United Nations organization (UNO) in Hong
Kong which ensures transparency in elections for Chief Executive. It would exist to enforce the 1984
British-Chinese Joint Declaration as well as monitor human rights violations in Hong Kong.
Deferring the topic at hand to the Security Council for a binding solution on the matter such as
evaluating sanctions on the Chinese government.
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Encouraging open nominations in Hong Kong through existing UN organizations such as the Office
of the United Nations High Commissioner of Human Rights by re-enforcing the Universal Declaration of
Human Rights (which was voted for and accepted by the People’s Republic of China).
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