TNAG-2290-FCO40-3296-Relations-between-Hong-Kong-and-Macau-1991 — Page 88

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MDTTAN 8610

AND JUDICIAL OFFICIALS. IN THE HONG KONG BASIC LAW, ONLY CHINESE CITIZENS WITH NO RIGHT OF ABODE OVERSEAS CAN BE ELECTED CHIEF

EXECUTIVE, PRESIDENT OF LEGCO, A MEMBER OF EXCO OR LEGCO, OR TO CERTAIN OTHER SENIOR POSTS. IN THE MACAO BASIC LAW, RIGHT OF ABODE OVERSEAS WILL NOT PREVENT ELECTION TO ANY OF THESE POSTS.

THE ELECTED CHIEF EXECUTIVE OF MACAO WOULD HOWEVER HAVE TO GIVE UP THIS RIGHT DURING THE PERIOD OF TENURE. XU SAID THAT THIS DIFFERENCE STEMMED FROM THE ''COOPERATIVE ATTITUDE OF THE PORTUGUESE AND MACAO AUTHORITIES. THESE CONCESSIONS ON NATIONALITY

BY THE CHINESE SIDE REFLECT THE HIGH PROPORTION OF CHINESE

RESIDENTS OF MACAO WHO QUALIFY FOR PORTUGUESE PASSPORTS. MOREOVER,

MACAO'S CIVIL SERVICE IS MUCH LESS LOCALISED THAN HONG KONG'S AND

A LARGE-SCALE DEPARTURE OF CIVIL SERVANTS

CIVIL SERVANTS CAUSED BY LACK OF CERTAINTY ABOUT THEIR FUTURE WOULD HAVE PRECIPITATED A SERIOUS

CRISIS.

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4. WHILE HONG KONG'S BASIC LAW AIMS TO ESTABLISH GENERAL ELECTIONS TO DETERMINE ITS CHIEF EXECUTIVE AND LEGISLATORS, THE MACAO BASIC LAW DOES NOT SPECIFY THE MODE OF ELECTION SIMPLY REFERRING TO A ''TRANSITIONAL METHOD'' OF FORMING LOCAL

ORGANISATIONS. THE CHIEF EXECUTIVE OF MACAO WILL BE ELECTED BY

A 300-MEMBER ELECTION COMMITTEE AND THEN APPOINTED BY THE CPG.

IT IS NOT CLEAR HOW THE ELECTION COMMITTEE ITSELF WILL BE CHOSEN.

THE NPC WILL SET UP A PREPARATORY COMMITTEE TO ORGANISE THE FIRST

LOCAL GOVERNMENT AND LEGCO. THE MECHANISM FOR THIS IS NOT MADE

CLEAR. IT IS STATED THAT THE MAINLAND AUTHORITIES WILL STRIVE TO PRESERVE STABILITY ESPECIALLY DURING THE FIRST 10 YEARS, WHICH SEEM TO BE REGARDED AS PART OF THE TRANSITIONAL PERIOD, OF THE MACAO SAR'S EXISTENCE.

5.

WHILE THE CPG WILL BE RESPONSIBLE FOR THE DEFENCE OF MAČAO,

THE LOCAL GOVERNMENT SHALL MAINTAIN PUBLIC ORDER AFTER 1999. CHINESE TROOPS WILL NOT BE STATIONED IN MACAO AFTER THE HANDOVER, UNLIKE HONG KONG. THE REASON FOR THIS IS GIVEN AS GEOGRAPHICAL, MACAO BEING ALMOST ENCIRCLED BY ZHUHAI, WHENCE TROOPS MIGHT EASILY

BE SUMMONED IF NECESSARY. SIGNIFICANTLY, XU COMMENTED THAT PORTUGAL DOES NOT HAVE MILITARY FORCES IN MACAO, UNLIKE BRITAIN

IN HONG KONG.

6.

BEFORE THE DRAFT TEXT WAS RELEASED THE PORTUGUESE EMBASSY HERE

MADE A DEMARCHE TO THE MFA CONCENTRATING ON AREAS WHERE EARLIER DRAFTS DIFFERED FROM THE MACAO JD, IN PARTICULAR, (1) HUMAN RIGHTS, (2) LACK OF REFERENCE TO THE ABSENCE OF A DEATH PENALTY IN MACAO, (3) NATIONALITY AND (4) THE HISTORICAL PREAMBLE, WHICH

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