TNAG-2290-FCO40-3296-Relations-between-Hong-Kong-and-Macau-1991 — Page 77

Reference

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Right of Abode

4.

The Macao BL has specific provisions relating to rights of Portuguese to reside in Macao (spelling out the conditions under which they may qualify for Macao residency) where there is no equivalent specifically for British citizens in Hong Kong (who are dealt with under the catch all category of persons not of Chinese nationality). The question of the right of abode of senior officials of the SAR is dealt with differently. In Hong Kong the Chief Executive may not have right of abode in any foreign country, while in Macao this only applies during his or her term of office. Other principal officials, members of the Legislative Council (except for the 20% in both cases who may be non-Chinese citizens), the President of the Legislative Council and certain specified senior public servants may not, in the case of Hong Kong, have the right of abode in any foreign country. This restriction does not apply in Macao.

Protection of Rights

5.

The Macao BL makes no reference to the two international covenants on Civil and Political Rights, and on Economic, Social and Cultural Rights. There are however two specific Articles protecting individual rights that the Hong Kong BL does not have. The first (Article 29) deals with criminal punishments which may not be applied unless the act has been clearly defined as criminal by law, and also states that the accused is to be considered not guilty until convicted by the courts. The second (Article 30) deals with an individual's personal dignity and reputation which may not be subject to vilification of slander.

Judicial and Legal Systems

6. Many of the more significant differences between the two Basic Laws occur in this field. This is to be expected given the differences between the systems currently in force in Macao and in Hong Kong.

Economy

7.

There is considerably more detail in the Hong Kong BL, especially over civil aviation and land leases. The Macao BL makes reference to two subjects, not covered in the Hong Kong BL, which have been much discussed. In the supplementary provision (Article 145), the Macao BL contains a paragraph dealing with contracts signed by the Macao government which straddle 1999. This gives the Joint Liaison Group and the Land Group power to declare any contract inconsistent with the BL or the JD, in which case they will not continue to be valid after 1999. There is also a reference to franchises (Article 108) which states that they will be prescribed by law separately.

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