1984]
NATIONALITY LAW OF THE PRO
323
D. Macao
Macao was ceded to Portugal by China in an 1887 treaty.16 Re- portedly, following Lisbon's unsuccessful attempt to return the terri- tory to China, the two countries secretly agreed in 1975 that Macao would revert to Chinese sovereignty but remain under Portuguese ad- ministration. Four years later this agreement was reaffirmed when Lis- bon and Beijing resumed diplomatic ties. Although China has yet to announce officially its plans for Macao, the future of the small Portu- guese enclave is closely tied to the destiny of Hong Kong. The issue of nationality in Macao, as in Hong Kong, must be resolved in order to quell the uneasiness of its inhabitants.
104
The nationality law of Portugal provides that all persons born in Macao before 1980 are considered Portuguese nationals, as well as those born after 1980 who can demonstrate familiarity with Portuguese culture, or alternatively, have Portuguese parents. All nationals thus defined have the right under Portuguese law to live in Portugal.16
The position of the PRC with respect to the nationality of the res- idents in Macao is the same as towards those in Hong Kong—all ethnic Chinese residing there, locally born or otherwise, are Chinese nationals. Thus, dual nationality is present in the context of Macao.
The prime difference between the situations in Hong Kong and Macao is that no treaty imposes a deadline on Macao respecting a transfer of administration to China. While China has made no official pronouncement on this subject, it seems to be taking, in effect, a re- laxed, wait-and-see attitude. Recent reports, however, indicate that China is not yet prepared to take over this territory. There is some expectation that Macao can serve as a buffer zone between the Kuo- mintang and the PRC, so that the Kuomintang can carry on commer- cial and limited political activities, and perhaps in the future serve as the locale for political negotiations between the two regimes.166
When the future of Macao and its inhabitants emerges as a con- cern of the PRC, the nationality question will have to be addressed. It
153. Under the Sino-Portuguese Treaty of December 1, 1887, Macao was ceded in perpetuity to Portugal (art. 2). The treaty is reprinted in 2 Treaties. Conventions, Etc.. Between China and Foreign States 274, 275 (2d ed. 1973). See also M. Tyau. The LEGAL ÜBLIGATIONS ARISING Õut of Treaty Relations Between China and Other STATES 8 (1917).
154. See Cheung, New Macao Get Jitters over Future, South China Morning Post, July 11, 1984, at 1.
155. See Bowring & Ma, End of the Old Order, Far E. Econ. Rzv., May 17, 1984, at 46. 47.
156. 1997-Macao to Remain Unchanged, Rightists Tolerated, and Position Impor- tant, Bai Xing, Sept. 16, 1984, at 12.
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