TNAG-1627-FCO40-2241-Relations-between-Hong-Kong-and-Macau-1987 — Page 94

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arrangements associated with the Joint Declaration. But in fact the

Chinese position is identical where Macanese holders of Portuguese

passports and Hong Kong holders of British passports are concerned.

Such differences as there are between these two categories lie in

the existing nationality legislation of Portugal and Britain. Portuguese passport holders in Macau have the right of abode in

Portugal while BDTCs (and later BN (0)s) in Hong Kong do not

have the right of abode in the UK. The Portuguese have hinted that they are considering amending their domestic legislation in view of

the possibility of an influx of some 85,000 Macanese, who would also

eventually have access to the EC as a whole on the same basis as

metropolitan Portuguese. We have periodically reminded the Portuguese of our concern at the possibility of an influx of

Macanese.

The

7. The Sino-Portuguese Joint Declaration will enter into force on

the exchange of instruments of ratification. No target date was set

in the Joint Declaration. Reports have suggested that on the

Chinese side the National People's Congress or its Standing

Committee will ratify the agreement in the second half of May.

Portuguese are likely to take rather longer. A new Assembly is

scheduled to be elected in July: once it has been constituted the

agreement will have to go before it and then to the Portuguese

President. The Embassy in Lisbon currently estimate that

ratification is unlikely before October.

Cooltun

1.

CO Hum

Hong Kong Department

Ministers may wish to see this useful analysis, which brings

out very clearly the extent to which the Macau Agreement was

modelled on the Hong Kong Joint Declaration, in substance as well

as in form.

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/2.