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Reference

4.

In the final analysis we are left with arguing the case from silence. There is certainly no reference in either the Macao Basic Law or the Joint Declaration on Macao which states unequivocally that there will be no defence installations or garrison in Macao. On the other hand, these documents do not contain specific references to a future garrison in Macao such as are contained in the equivalent documents on Hong Kong. And at the very least, the Chinese seem to have been less concerned to make the point forcefully and in writing that they had an unquestioned right to station troops in Macao. On the other hand, given their sensitivity over matters relating to sovereignty, I do not see how they could expressly forego the right to station troops wheresoever they wanted on China's sovereign territory (and after 1999 that would include Macao).

R Wye

Far Eastern Section

Research & Analysis Dept

OAB 2/124

6 August 1991

cc Mr Burns AUSS

210 6219

Ms Barrett Legal Advisers

Mr Walters Far Eastern Department

Dr Elwood Research & Analysis Department

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Mr Bradley DPA Hong Kong Chancery PEKING

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