Joint statement on the Macau question

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The Joint Declaration on the Macau Question or the Sino-Portuguese Joint Declaration is a state treaty between Portugal and the People's Republic of China on the status of Macau . The full name of the contract is: Joint Declaration by the Government of the People's Republic of China and the Government of the Portuguese Republic on the Macau Question .

Signed in March 1987, the declaration established the process and conditions for the transfer of the territory from Portuguese rule to the People's Republic of China. The Joint Declaration also serves as the main source of fundamental rights in the Constitution of the Special Administrative Region were implemented Macau.

The process of returning Macau to China was similar to that of the UK's transfer of Hong Kong to Chinese sovereignty in 1997.

background

The Kingdom of Portugal received permission from the Chinese Empire in the 16th century to establish a trading post in Macau. Portugal paid an annual lease to China for the use of the city from 1557 to 1849. However, sovereignty remained with China. In 1845 the Portuguese government unilaterally declared Macau a free port . In 1887 the Sino-Imperial government had to recognize "the permanent occupation and government of Macau by Portugal". However, the Chinese succeeded in introducing a decisive passage into this “Treaty of Lisbon”, which both sides ratified in 1888 : the Portuguese government declared its readiness “never to cede Macau to another power without prior Chinese approval”. Another contract should fix the final assignment after a joint definition of the limit. But that never happened.

In the aftermath, China repeatedly requested the return of the enclave . In the course of the so-called Carnation Revolution , Portugal received a new constitution . In it Macau was granted a "special status as Chinese territory under Portuguese administration". It was not until 1979 that Portugal recognized the People's Republic of China on the basis of UN resolution 2758 of 1971 as the sole legitimate representative of the Chinese people. With the establishment of diplomatic relations, the way was cleared for a state treaty effective under international law . From June 1986 to March 1987 there were four rounds of negotiations between delegations from the Chinese and Portuguese governments. On April 13, 1987, the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Macao Question was signed in Beijing .

Provisions

The declaration fixed the official end of the Portuguese administration at midnight 19/20. December 1999 and the creation of a Chinese special administrative region Macau based on the formula “ one country, two systems ” with extensive autonomy for at least 50 years after the transfer of sovereignty.

Extensive autonomy means that Macau's own residents can take care of executive , legislative and judicial affairs in their territory for at least 50 years after the transfer without the intervention of the central authorities of the People's Republic of China , with the exception of external relations and defense. Under the name “Macau, China”, the Macau government has the right to conclude agreements with Portugal and international organizations for the development of Macau. On the basis of the Sino-Portuguese agreement, the Chinese government cannot levy taxes on Macau; all taxes levied by the Macau government go to the Macau Special Administrative Region budget.

See also

Individual evidence

  1. Declaração Conjunct Do Governo Da República Portuguesa e Do Governo Da República Popular Da China Sobre a Questão De Macau , (in Portuguese), Government Printing Bureau, Macau Special Administrative Region, accessed August 8, 2017
  2. 中華人民共和國 政府 和 葡萄牙 共和國 政府 關於 澳門 問題 的 聯合 聲明 (in Chinese), Government Printing Bureau, Macau Special Administrative Region, accessed August 8, 2017
  3. ^ A b Joint declaration of the Government of the People's Republic of China and The Government of the Republic of Portugal on the question of Macao , Government Printing Bureau, Macau Special Administrative Region (Macau Sonderverwaltungszone), 1987, accessed on August 8, 2017
  4. ^ Wei Qiao, Karl-Heinz Pohl, Dorothea Wippermann: Bridge between cultures. LIT Verlag, 2003, p. 16 f.
  5. a b What are the main contents of the Sino-Portuguese Joint Declaration on the Question of Macao ?, Ministry of Foreign Affairs of the People's Republic of China, November 15, 2000, accessed on August 8, 2017
  6. European Parliament of December 14, 1999 , accessed on March 11, 2018