TNAG-2496-FCO40-3632-Relations-between-Hong-Kong-and-Macao-(Macau)-1992 — Page 125

UNCLASSIFIED

REVISIONS TO THE DRAFT BASIC LAW FOR THE MACAO SPECIAL ADMINISTRATIVE REGION

1. The available versions of both the Draft Basic Law (for the solicitation of opinion) published on 14 July 1991, and the Draft Basic Law published on 16 March 1992 are both unofficial translations based on the Chinese text. There are thus numerous differences in the English wording between the two which do not necessarily reflect actual differences in the Chinese text. The texts used can be found in SWB FE 1129 C1/1 and SWB FE 1335 C2/1. The later version contains one fewer article, through the merger of articles 69 and 70 of the 1991 version. References in this note are primarily to the latest version (March 1992).

General Principles

2.

A number of minor changes were made (details below) and one more important one where, in Article 9 which deals with the languages in use in the SAR, a sentence is added that "The Portuguese language shall also be the (or "an") official language". Minor changes included:

Article 5: reference to the "previous" capitalist system remaining unchanged for 50 years changed to the "existing" capitalist system (though this may only be a difference in translation).

Article 7: The drafting has been tightened up slightly. In the new version land and natural resources are referred to as "state property of the PRC" rather than just as "state property", and the reference to "individuals, legal entities or organisations" in the 1991 version has been reduced to "individuals or legal persons".

Article 11: a phrase "and the relevant policies" is omitted from the catalogue of systems and policies that will be based on the provisions of the law. The phrase is not really required by the sense of the passage but it does also occur in the Hong Kong Basic Law.

Chapter II: the relationship between the central authorities and the SAR.

3. Article 23, dealing with subversion etc, has been strengthened presumably to reflect continuing Chinese concerns in this area and bring the language rather closer to that of Chinese law. The opening section now reads: "The Macao SAR shall make laws of its own to prohibit any act designed to betray or dismember the country, incite people to rise in rebellion, subvert the central people's government or steal state secrets...". Previously this was : "The Macao SAR will enact laws on its own to prohibit any act of treason, secession, sedition or theft of state secrets...". There are also a number of minor changes, such in many instances making references to the "region" more specific as the "Macao SAR".

UNCLASSIFIED