UM  > Faculty of Law
Status已發表Published
The Transition in the Sino-Portuguese joint Declaration
Manuel M.Escovar Trigo
1994-09
Conference NameInternational Symposium on Population and Development in Macau
Source PublicationPopulation and Development in Macau
Conference Date1993.12.06-1993.12.07
Conference PlaceMacau
Author of SourceRufino Ramos, D. Y. Yuan, John E. M. Barnes, Wong Hon Keong
Publication PlaceMacau
PublisherUniversity of Macau Publication Centre, Macau Foundation
Abstract

The Sino-Portuguese Joint Declaration affects the development of the legal system of Macau in several ways.
  1. The legal system is indispensable for the institutionalisation of the process of the transference of sovereignty both in the transition period itself and in the period after those powers revert to the People's Republic of China.
  2. The Joint Declaration is the defining statute concerning the status of Macau for the governments of the People's Republic of China and the Repub-lic of Portugal, and is a constitutional, self-limiting and materially binding agreement.
  3. The Joint Declaration defines the transition period, in the strict sense, as the period between the date in which the Joint Declaration takes effect and 19 December 1999, inclusive. This transition must be undertaken and insti-tutionalised by the Republic of Portugal and the Portuguese administration of Macau. This fact is especially important to the People's Republic of China, which lends its friendly cooperation to ensure the application of the Joint Dec-laration so that the appropriate conditions will be created for the transfer of power in Macau, and to promote economic development and social stability during this period.
  4. The Joint Declaration also establishes a period which extends from 20 December 1999 to 19 December 2049, and which may be called "the transi-tion period in a wider sense." This period may be described as one of separate systems, or as a period without transition. In other words, it is a period of self-limiting sovereignty and of the binding of the People's Republic of China and the Macau Special Administrative Region, which these two will achieve together.
  This period is multifaceted if seen from different angles. It is not only the period of the establishment and consolidation of the Macau Special Adminis-trative Region of the People's Republic of China, but also the period of guar-antee, or of the bilateral and international binding of the People's Republic ofChina, acting on behalf of the Macau Special Administrative Region, with the Republic of Portugal and the international community according to the rules of international law.
  It is a crucial period, although relatively neglected compared with the previous one, because no special arrangements or means of supervision are provided. It can be understood as a period that, without being indifferent to the Republic of Portugal once the powers of sovereignty have been transferred to the People's Republic of China, will take place under the People's Republic of China and Macau Special Administrative Region and, eventually, a period in which the principles of sovereignty and non-interference assume a more important dimension than the previous conditional self-binding limitations.
  5. The approval of the Basic Law represents the manifestation of the sov-ereign will of the People's Republic of China with respect to the status of Macau as it arises from the Joint Declaration. According to the Joint Declaration, the fundamental policies mentioned in the Basic Law shall remain unchanged for fifty years. The Basic Law must comply with the Joint Declaration.
  The approval of the Basic Law has occurred during the transition period, but it has not yet come into effect. As its premature application is impossible, the essential question is, "What is its present significance as a point of refer-ence; and once it takes effect, what is the possibility of its retroactive applica-tion?"
  The legal implication of the Basic Law is essentially that influence which it should have on legislative policy and on the importance of its promulgation. In the development of the legal system of Macau no one can remain indifferent to the approval of the Basic Law because the legal implication of ignoring the Basic Law will be the eventual non-compliance with the Joint Declaration and the negative publicity arising from its divulgence.
  6. The Joint Declaration must naturally be reaffirmed and consolidated as an important agreement, as an international treaty and as a normal consti-tutional model for the legal System of Macau and the Macau Special Admin-istrative Region by both the Republic of Portugal and the People's Republic of China from now until 19 December 2049.
  7. The Joint Declaration must be protected as an indispensable instru-ment for the harmonious development and preservation of the legal system of Macau and the Macau Special Administrative Region. Nevertheless, as far as the Joint Declaration is concerned, reality must always be kept in mind.

URLView the original
Language英語English
Document TypeConference paper
CollectionFaculty of Law
DEPARTMENT OF MACAO LEGAL STUDIES
Corresponding AuthorManuel M.Escovar Trigo
AffiliationFaculty of Law, University of Macau
First Author AffilicationFaculty of Law
Corresponding Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
Manuel M.Escovar Trigo. The Transition in the Sino-Portuguese joint Declaration[C]. Rufino Ramos, D. Y. Yuan, John E. M. Barnes, Wong Hon Keong, Macau:University of Macau Publication Centre, Macau Foundation, 1994.
APA Manuel M.Escovar Trigo.(1994). The Transition in the Sino-Portuguese joint Declaration. Population and Development in Macau.
Files in This Item:
There are no files associated with this item.
Related Services
Recommend this item
Bookmark
Usage statistics
Export to Endnote
Google Scholar
Similar articles in Google Scholar
[Manuel M.Escova...]'s Articles
Baidu academic
Similar articles in Baidu academic
[Manuel M.Escova...]'s Articles
Bing Scholar
Similar articles in Bing Scholar
[Manuel M.Escova...]'s Articles
Terms of Use
No data!
Social Bookmark/Share
All comments (0)
No comment.
 

Items in the repository are protected by copyright, with all rights reserved, unless otherwise indicated.