TNAG-1145-FCO40-1425-Relations-between-Hong-Kong-and-Macau-1982 — Page 19

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Present Status

5. In 1951 Macau was proclaimed an Overseas Province of Portugal. The Portuguese revolution of 1974 and subsequent political upheavals led to considerable changes in the administration of the territory. After the revolution in April, the military régime tried to hand over Macau to China, but China refused to accept it back. Macau is still represented in the Portuguese Parliament. A Statute of the territory, promulgated in February 1976, defined Macau as a "collective entity with internal legislative sovereignty", which would enjoy "administrative, economic, financial and legislative autonomy". It prescribed the powers of the Governor and Legislative Assembly (the latter having a 3-year term), provided for an Advisory Council to fill a limited executive role, and defined various judicial and administrative procedures. It required also that the Governor be appointed after consultation with the Macau Legislative Assembly, although in practice the latter plays little if any role in his selection. Moves begun in 1973 to introduce an element of election to Macau's Legislative Assembly were extended to allow for the direct election of six members of the 17-man Assembly. Six others were to be indirectly elected as representatives of "moral cultural, welfare and economic interests" (ie from business and charity associations), three to cover economic affairs, and one each for welfare, cultural and moral affairs. Five other deputies were to be appointed by the Governor. In their Constitution, the Portuguese, apparently under pressure from China, described the status of Macau as a "territory under Portuguese administration" - distinct from other Portuguese overseas territories (eg Azores and Madeira) which were described as "Portuguese territory defined by history" (Article 5). Article 306 of the Constitution confirmed the . Statute.

6. Portuguese troops were withdrawn in 1975-76, and were replaced by a locally recruited security force of about 2,000 men under a Portuguese commander.

7.

There was

some discussion of Macau in the course of the negotiations which led to the establishment of Sino- Portuguese diplomatic relations in February 1979, although the published communique on the establishment of relations made no reference to Macau. However, a secret clause was included which was carefully drafted to avoid any outright admission by Portugal of Chinese sovereignty over Macau but which enabled the Chinese to claim sovereignty which they chose not to exercise: if they did wish to exercise sovereignty they would give notice and enter into negotiations with the Portuguese. But in no part of the document was it stated directly that sovereignty over Macau was Chinese.

8.

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Since 1980 changes to the Statute have been proposed in , Lisbon and by reformers in the Macau Assembly, which would

produce a majority of directly elected members to the Legislative Assembly and endow the Assembly with powers to dismiss the Government. The proposals have so far been resisted by the PRC and Chinese in Macau. When a revised draft Statute was considered

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