Hong Kong
Law of Treaties

In the wake of the controversies over the appointment of five undersecretaries with foreign citizenship to the Hong Kong Government (who all renounced their foreign passports subsequently), the British Consulate was asked whether the appointments breached the Sino-British Joint Declaration on Hong Kong and replied in the negative. Section IV of Annex 1 to the Joint Declaration provides, "The Hong Kong Special Administrative Region Government may employ British and other foreign nationals previously serving in the public service in Hong Kong, and may recruit British and other foreign nationals holding permanent identity cards of the Hong Kong Special Administrative Region to serve as public servants at all levels, except as heads of major government departments (corresponding to branches or departments at Secretary level) including the police department, and as deputy heads of some of those departments." But regardless of the treaty language, if both parties to the Joint Declaration accept the appointments as in compliance with the treaty, would it become impossible to argue that the appointments violated the Joint Declaration?