ANALYSIS OF THE MAIN DIFFERENCES BETWEEN PROVISIONS OF THE MACAU AND HONG KONG AGREEMENTS
MACAU AGREEMENT
(Follows the order of the Macau Agreement)
HONG KONG AGREEMENT
JOINT DECLARATION
·
1. Both Governments declare Macau "is Chinese territory".
2. Portuguese administration ends on 19 December 1999.
CONSTITUTIONAL ARRANGEMENTS
1. Chinese Government declares recovery of Hong Kong is "common aspiration of the entire Chinese
| people"; HMG declares it will
| "restore" Hong Kong to PRC.
| 2. British sovereignty and
jurisdiction ends on 30 June 1997.
3. No provision for a regional flag 3. Provision for a regional flag and and emblem.
LEGISLATURE AND LEGAL SYSTEM
4. The majority of members of the legislature to be elected.
5. "The legal system" to consist of the Basic law, laws previously in force and laws enacted by the SAR.
JUDICIAL SYSTEM
6. No specific reference to maintenance of previous judicial system (nevertheless implied).
7. No provisions for judges from other jurisdictions to sit on court of final appeal.
8. No provision for reference to precedents in other jurisdictions.
9. Provision for "qualified judges of foreign nationality" to serve as SAR judges.
|
I
emblem.
|
| 4. Legislature to be constituted by I elections.
15. "The laws" to be the Basic Law, laws previously in force and laws
I enacted by the SAR.
16. Specific clause stating judicial
system previously practised to be
| maintained, except for change
| consequent upon power of final | adjudication.
17. Court of final appeal may invite
judges from other common law jurisdictions to sit.
18. Courts may refer to precedents in
other common law jurisdictions.
| 9. Provision for recruitment of SAR
judges from other common law
I jurisdictions.
DOGAKT