TNAG-2490-FCO40-3622-Future-of-Hong-Kong-Basic-Law-1992 — Page 131

OX-DEC-1992 14:45

PESEMACH AND

IS DEP

Mr Bunten BRD

UNCLASSIFIED

MACAO BASIC LAW: CONTRACTS

In Rectants 412 an Marus 112

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Machen B.L.

1.. We spoke. The third paragraph of article 144 of the draft Ms./x

Basic Law reads:

"Contracts signed by the former Macao Government with validity beyond 19 December 1999 shall remain valid, except for those that are declared by the organ authorlund by the Central People's Government as contravening the provisions of the Slao-Portuguese Joint Declaration for the transitional period and that need to be reexamined by the MacA. LAK Government."

The earlier version of the basic Law, published on 20 July 1991 read slightly differently (Article 145):

"All contracts signed by the previous Macao Government with effective terms straddling 1999 will continue to be valid except for those which the Chinese side of the

Sino-Pere:quese JLC, or of the Sino-Portuguese Land Glo. openly declares to be inconsistent with this law or with the Arxangements for the transition period as stipulated in the Sino-Portuguese Joint Declaration".

was none.

You had remarked on this stipulation in your manute to we et d March 1992, requesting any background to it. i an xicaid L Interesting that this particular provision should have been made somewhat vaguer in the version published on 16 March 1992. in far from clear what the organ authorised by the CPG 1e of how that authorisation is attained. In some this gives the Chinese an even wider authority for denouncing contracts, as they could claim authorisation, if necessary with retrospect, for almost any Chinese official body to make the denunciation.

2. Guo Lengain was evidently acting under article 145 of the earlier version of the Macao 21 when he denounced the contiæet for CTS!

нкс 012

RECEIVED IN REGISTRY

9 DEC 1992

F. F Wye

Far Easter: Section

Research & Analysis Dept CAB 2/125 210 6219/6216 1 December 1997

INDEX

DESK OFFICER

PA

REGISTR

Action Taker.

ISODE RAD

ひむ

UNCLASSIFIED