TNAG-1842-FCO40-2617-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 84

TOMAPQ

NON-NATIONALITY ASPECTS:

SINO-PORTUGUESE JOINT DECLARATION AND MACAO BASIC LAW

Sino-Portuguese negotiations leading to Joint Declaration on Macao followed about two years after negotiations on Hong Kong. Joint Declaration signed in April 1987. Date of transfer is 20

December 1999.

Basic Law Drafting Committee for Macao has now been appointed, but drafting work has not yet begun in earnest.

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Anticipate that Macao Basic Law will be very similar to that for Hong Kong, subject to any differences necessitated by Portuguese legal system in Macao.

In same way, Macao Joint Declaration was very closely modelled on Hong Kong Joint Declaration. But key differences:

- no provisions on civil aviation or shipping register in Macao

Joint Declaration;

no reference to international human rights Covenants in Macao Joint Declaration (although there is a section on rights and freedoms);

- Macao Joint Declaration provides that Central People's

Government will be responsible for defence of Macao, but makes no provision for stationing Chinese garrison in Macao.

Hong Kong is altogether more significant territory than Macao: larger area, larger population and much more highly developed economy. But smooth transition in both Hong Kong and Macao will serve as example for ultimate Chinese goal of reunification with

Taiwan.

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