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4 Asia Pac. J. Ocean L. & Pol'y 1 (2019)

handle is hein.journals/apjolp4 and id is 1 raw text is: ASIA-PACIFIC JOURNAL OF OCEAN LAW AND POLICY BRILL 4 (2019) 1-27 AM C NIJHOFF brillcom/apoc The (Unequal) Relationship between Hong Kong's Waters and China's Baselines Nina H.B.Jorgensen Professor of Public International Law, Southampton University, UK N.H.B.jorgensen@soton.ac.uk Abstract This article aims to clarify the legal relationship between Hong Kong's maritime areas and China's baseline system by conducting an historical inquiry into how the current status quo was reached and considering the implications for Hong Kong's future de- velopment. China's well-known position is that the treaties granting authority to the British in Hong Kong, including the ninety-nine year lease of the New Territories, were 'unequal' and therefore invalid so that sovereignty over the land and waters of Hong Kong never left Chinese hands and this position would be recognized and remedied at the appropriate time. As the Hong Kong experience illustrates, when territory is surrendered or leased, rights and claims are altered and sometimes extended. The his- torical evolution of those rights and claims therefore impacts on current territorial relationships. The example of Hong Kong may additionally serve as a reference point for modern day lease arrangements concerning coastal territory made outside the co- lonial context. Keywords baselines - territorial sea - unequal treaty - handover of sovereignty - Hong Kong Basic Law - territorial lease I Introduction The seas around China have long since ceased to be a resting place for the fairies as Emperors Chin Shih-Huang and Han Wu-Ti are reported to have @ KONINKLIJKE BRILL NV, LEIDEN, 2019 DOI:10.1163/24519391-00401001