China. 05/05/97. Ccpr/C/79/Add.77. (Concluding Observations/Comments)
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The International Legal Personality of Macao' 24 Hong Kong Law Journal 328-341
ANALYSIS The International Legal Personality of Macau Introduction The question of international legal status/personality1 is increasingly difficult to answer with a degree of precision since the relevance of traditional criteria and symbols of statehood is diminishing in a global environment characterised by the proliferation of not-readily-definable entities which clamour for recog nition as autonomous political units.2 The requirements of 'a permanent population; a defined territory; govern ment; and capacity to enter into relations with other States'3 — which are accepted by international lawyers as 'customary international law' — by no means represent sufficient4 or even necessary3 qualifications of statehood. Clearly, the less legalistic symbols of statehood, such as kings/presidents, armies, central banks, currency, or passports, offer no reliable yardsticks.6 Nor for that matter is membership in the United Nations particularly instructive in respect of the key distinguishing attributes of statehood. Current members include Carribbean pinpoints such as Saint Christopher and Nevis or Saint Lucia, as well as other microentities like Vanuatu in the Pacific or San Marino in Europe — but not Taiwan.7 Neither is the UN practice with regards to admission — including the implementation of stipulated8 requirements 'International legal personality' is broadly defined in terms of the capacity to exercise international rights and duties. The International Standards Organisation, which assigns two-letter codes for country names, has 239 on -
International Covenant on Civil and Political Rights
UNITED NATIONS CCPR International covenant Distr. on civil and GENERAL political rights CCPR/C/79/Add.77 5 May 1997 Original: ENGLISH HUMAN RIGHTS COMMITTEE CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT Concluding Observations of the Human Rights Committee PORTUGAL (MACAU) 1. At its 1476th and 1477th meetings, held on 4 April 1997, the Human Rights Committee considered the third periodic report of Portugal relating to Macau (CCPR/C/70/Add.9) and adopted 1 the following observations: A. Introduction 2. The Committee welcomes the presence of a highlevel delegation, which included several officials of the Macau government. It expresses its appreciation to the representatives of the State party for the high quality of the report, abundance of additional information and detailed and frank answers provided in response to the oral and written questions posed and comments made by the Committee during its consideration of the report. The Committee notes with satisfaction that such information enabled it to engage in a highly constructive dialogue with the State party. B. Factors relating to reporting obligations under the Covenant 3. The Committee notes that given the late extension of the Covenant to Macau, the Sino-Portuguese Joint Declaration and Exchange of Memoranda of 13 April 1987 does not refer to it and merely states that the laws currently in force in Macau will remain basically unchanged and that all rights and freedoms of the inhabitants and other persons in Macau, including the rights GE.9716386 (E) CCPR/C/79/Add.77 page 2 of the person, freedoms of speech, of the press, of assembly, of association, of travel and movement, to strike, of choice of occupation, to undertake academic research, of religion and belief and of communication and the right t o own property will be ensured by law in the Macau Special Administrative Region. -
The Globalization of Chinese Food ANTHROPOLOGY of ASIA SERIES Series Editor: Grant Evans, University Ofhong Kong
The Globalization of Chinese Food ANTHROPOLOGY OF ASIA SERIES Series Editor: Grant Evans, University ofHong Kong Asia today is one ofthe most dynamic regions ofthe world. The previously predominant image of 'timeless peasants' has given way to the image of fast-paced business people, mass consumerism and high-rise urban conglomerations. Yet much discourse remains entrenched in the polarities of 'East vs. West', 'Tradition vs. Change'. This series hopes to provide a forum for anthropological studies which break with such polarities. It will publish titles dealing with cosmopolitanism, cultural identity, representa tions, arts and performance. The complexities of urban Asia, its elites, its political rituals, and its families will also be explored. Dangerous Blood, Refined Souls Death Rituals among the Chinese in Singapore Tong Chee Kiong Folk Art Potters ofJapan Beyond an Anthropology of Aesthetics Brian Moeran Hong Kong The Anthropology of a Chinese Metropolis Edited by Grant Evans and Maria Tam Anthropology and Colonialism in Asia and Oceania Jan van Bremen and Akitoshi Shimizu Japanese Bosses, Chinese Workers Power and Control in a Hong Kong Megastore WOng Heung wah The Legend ofthe Golden Boat Regulation, Trade and Traders in the Borderlands of Laos, Thailand, China and Burma Andrew walker Cultural Crisis and Social Memory Politics of the Past in the Thai World Edited by Shigeharu Tanabe and Charles R Keyes The Globalization of Chinese Food Edited by David Y. H. Wu and Sidney C. H. Cheung The Globalization of Chinese Food Edited by David Y. H. Wu and Sidney C. H. Cheung UNIVERSITY OF HAWAI'I PRESS HONOLULU Editorial Matter © 2002 David Y. -
CRC-2010En.Pdf
MACAUMACAU LAWLAW JOURNAL JOURNAL Executive-Director Jorge Costa Oliveira Executive Coordination Paulo Godinho Editorial Coordination Ilda Cristina Ferreira Ownership Macao Special Administrative Region Edition, distribution and secretariat International Law Office, Avenida da Praia Grande, n.os 762-804, Edifício «China Plaza», 17th/F. – Macau, Tel: 28337210 – Fax: 28337224 Arrangement and printing Macao Press Cover Leung Pai Wan (calligrapher) and Elsa Ho (IO) Periodicity Every four months Circulation 1000 copies ISSN n.º 0872-9352 Publication of work: The Macau Law Journal is open for the collaboration of any interested parties, without prejudice to the appreciation of the contributions, for publication purpose, by the respective Review bodies. Parties interested in publishing should contact the Review’s secretariat. All published contributions are remunerated and are under the exclusive responsibility of its authors, being the Review allowed to secure for its translation. 2 MACAU LAW JOURNAL MACAU LAW JOURNAL INDEX Preface 5 Part I — The CRC and its application to Macao Convention on the Rights of the Child (CRC) 9 Portuguese President Decree 24/98 43 Notice of the Chief Executive 5/2001 45 Notice of the Chief Executive 12/2003 47 Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC-OP-SC) 49 Notice of the Chief Executive 17/2006 63 Part II — Reports, written questions & answers ‘Core Document’ of the PR of China; Macau SAR 67 PR of China’s 2004 Report -
Texts from Old Macau Jason Buhi, University of Hong Kong
Texts from Old Macau Jason Buhi, University of Hong Kong Macau’s Original Municipal Charter (10 April 1586) Macau and Hong Kong, the two Special Administrative Regions (SARs) of the People’s Republic of China, are each governed under a Basic Law. Often described as “mini-constitutions,” these documents outline and guarantee 50 years of autonomy following each territory’s return to Chinese administration. Each was shaped by a bilateral negotiation between China and the respective colonial power, and each came into effect immediately upon handover (1997 in the case of Hong Kong, and 1999 for Macau). They share a great deal of language, obscuring the fact that Hong Kong and Macau represent entirely different colonial legacies. Indeed, Macau was settled by Portuguese traders 288 years before the British ever set foot on Hong Kong. Although many of the Macau Basic Law’s articles mirror those of its previously-drafted sister, it also contains several key differences that the Portuguese won despite negotiating from a position of weakness. The diplomatic record isn’t always clear as to why the Portuguese persisted, but their success reminds us that Macau’s constitutional development should not be viewed as merely derivative of the Hong Kong experience. Exploring those nuanced textual differences in a comparative context yields an enormous amount of historical intrigue. Legal scholars in both SARs apply different lenses to interpret the two Basic Laws. Treatises explaining the Hong Kong Basic Law are replete with references to cases or acts dating from the city’s colonial era, but that historical perspective is less common in Macau, despite the fact that Article 8 of both Basic Laws guarantee that upon handover “[t]he laws previously in force . -
Title Fundamental Political and Constitutional Norms
CORE Metadata, citation and similar papers at core.ac.uk Provided by HKU Scholars Hub Fundamental political and constitutional norms: Hong Kong and Title Macau compared Author(s) Tso, KKS Citation Australian Journal of Asian Law, 2012, v. 13 n. 1, p. 1-24 Issued Date 2012 URL http://hdl.handle.net/10722/177319 Rights Creative Commons: Attribution 3.0 Hong Kong License Australian Journal of Asian Law, 2012, Vol 13 No 1: 1-24 Fundamental Political and Constitutional Norms: Hong Kong and Macau Compared* Kevin KS Tso On 20 December 2009, President Hu Jintao praised Macau for its successful implementation of the One Country Two Systems model. This was interpreted by some as drawing an implicit comparison between Hong Kong and Macau with Beijing favouring the latter’s interpretation and implementation of One Country Two Systems. This article evaluates the core values and autonomy entrenched within Hong Kong during British colonial rule and Macau during Portuguese colonial rule and ascertains the extent to which these factors have shaped the different modes of constitutional development in Hong Kong and Macau post-Handover. The author argues that the One Country Two Systems framework, with its emphasis on a ‘high degree of autonomy’ and ‘life shall remain unchanged’, means that any contemporary comparisons drawn between Hong Kong and Macau must take into account the unique (and very different) political and constitutional norms left behind by their respective colonial masters. The author argues that a more balanced view must be taken and that constitutional issues must also be viewed in light of norms established by the colonial rule of the past. -
Portugal, the People's Republic of China and the Macau Business Elites
UvA-DARE (Digital Academic Repository) Regional integration and differentiation in a globalizing China : the blending of government and business in post-colonial Macau Trigo de Sousa, M.I.R.B. Publication date 2009 Link to publication Citation for published version (APA): Trigo de Sousa, M. I. R. B. (2009). Regional integration and differentiation in a globalizing China : the blending of government and business in post-colonial Macau. General rights It is not permitted to download or to forward/distribute the text or part of it without the consent of the author(s) and/or copyright holder(s), other than for strictly personal, individual use, unless the work is under an open content license (like Creative Commons). Disclaimer/Complaints regulations If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons. In case of a legitimate complaint, the Library will make the material inaccessible and/or remove it from the website. Please Ask the Library: https://uba.uva.nl/en/contact, or a letter to: Library of the University of Amsterdam, Secretariat, Singel 425, 1012 WP Amsterdam, The Netherlands. You will be contacted as soon as possible. UvA-DARE is a service provided by the library of the University of Amsterdam (https://dare.uva.nl) Download date:26 Sep 2021 CHAPTER 3. The De-colonization Period: Portugal, the People’s Republic of China and the Macau Business Elites (1949-1999) 3.1. Introduction In the previous chapter, we have seen how the geographical, political and cultural distance between Portugal and China have shaped Macau’s colonial trajectory in terms of two major (and interrelated) processes: the development of a relatively autonomous local government, and the development of equally autonomous social and economic organizations outside Macau’s governmental sphere. -
Philosophical Thinking on the Interpretation System of the Macao Basic Law
Philosophical Thinking on the Interpretation System of the Macao Basic Law LI Yanping* I. Introduction Since the implementation of the Basic Law of the Macao Special Administrative Region of the People’s Republic of China (hereinafter as “the Macao Basic Law”), the courts of the Macao Special Administrative Region (SAR) has been performing its statutory functions, and made successive interpretations on relevant provisions in some individual cases. In December 2011, the Standing Committee of the National People’s Congress (NPC) exercised the interpretation power of the Macao Basic Law, and made interpretations on Annex I and Annex II of the Macao Basic Law, which means that the interpretation system set up in the Macao Basic Law has been fully initiated. So far, despite there are no legal cases in Macao similar to those involved in the Hong Kong Basic Law that the Hong Kong SAR submitted the law interpretations to the Standing Committee of the NPC, it does not mean that the problems between the Central Government and the Macao SAR Government concerning the interpretation of the Basic Laws has been properly arranged in the interpretation system of the Macao Basic Law. In fact, the law interpretation concept in Macao, especially the “constitution interpretation” theory, is not only different from that of the Mainland China, but also different from that of the Hong Kong SAR where the Common Law concept is adopted. Therefore, it is the basic link for understanding the interpretation system of the Macao Basic Law to carefully comb the differences of the “Two Systems” in the law interpretation between Macao and Mainland China. -
Thesis (1): Confucian States and Confucian Capitalism
UvA-DARE (Digital Academic Repository) Regional integration and differentiation in a globalizing China : the blending of government and business in post-colonial Macau Trigo de Sousa, M.I.R.B. Publication date 2009 Document Version Final published version Link to publication Citation for published version (APA): Trigo de Sousa, M. I. R. B. (2009). Regional integration and differentiation in a globalizing China : the blending of government and business in post-colonial Macau. General rights It is not permitted to download or to forward/distribute the text or part of it without the consent of the author(s) and/or copyright holder(s), other than for strictly personal, individual use, unless the work is under an open content license (like Creative Commons). Disclaimer/Complaints regulations If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons. In case of a legitimate complaint, the Library will make the material inaccessible and/or remove it from the website. Please Ask the Library: https://uba.uva.nl/en/contact, or a letter to: Library of the University of Amsterdam, Secretariat, Singel 425, 1012 WP Amsterdam, The Netherlands. You will be contacted as soon as possible. UvA-DARE is a service provided by the library of the University of Amsterdam (https://dare.uva.nl) Download date:04 Oct 2021 Inês Trigo de Sousa Inês Trigo Inês Trigo de Sousa REGIONAL INTEGRATION and DIFFERENTIATION in a Regional Integration GLOBALIZING CHINA The Blending of Government and Business in Post-Colonial Macau and Differentiation in a Globalizing China Macau_cover01.indd 1 07-07-09 09:54 Regional integration and differentiation in a globalizing China The blending of government and business in Post-colonial Macau Cover design: Helder Design, Amsterdam © Maria Inês Rosa Trigo de Sousa. -
Economic and Social Council
UNITED NATIONS E Economic and Social Distr. GENERAL Council E/1990/6/Add.8 10 April 1995 Original: ENGLISH Substantive session of 1995 IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS Second periodic reports submitted by States parties under articles 16 and 17 of the Covenant Addendum Portugal (Macau) [9 March 1995] CONTENTS Paragraphs Page I. GENERAL INFORMATION .................. 1- 63 3 A. Land and people .................. 1- 2 3 B. General political structure ............ 3- 23 3 C. Economic, social and cultural characteristics . 24 - 42 7 D. General legal framework within which human rights are protected ................... 43- 58 11 E. Information and publicity ............. 59- 61 14 F. The role of international cooperation in the implementation of the Covenant .......... 62- 63 14 GE.95-16008 (E) E/1990/6/Add.8 page 2 CONTENTS (continued) Paragraphs Page II. IMPLEMENTATION OF SPECIFIC PROVISIONS OF THE COVENANT .................... 64-361 15 Article 6 ....................... 64- 83 15 Article 7 ....................... 84-101 19 Article 8 ....................... 102-105 25 Article 9 ....................... 106-140 25 Article 10 ...................... 141-154 33 Article 11 ...................... 155-211 35 Article 12 ...................... 212-237 45 Articles 13 and 14 .................. 238-316 49 Article 15 ...................... 317-361 63 Statistical Appendix* List of the annexed publications* * Available for consultation in the files of the secretariat. E/1990/6/Add.8 page 3 I. GENERAL INFORMATION A. Land and people 1. Macau, a territory under Portuguese administration, lies on the South China coast around 65 km to the west of Hong Kong. The Territory of Macau includes the Peninsula of Macau (where the "City of the Name of God" is located) and the islands of Taipa and Coloane, covering a total surface area of approximately 18 km2. -
International Covenant on Civil and Political Rights
UNITED NATIONS CCPR Distr. International covenant GENERAL on civil and CCPR/C/70/Add.9 political rights 28 November 1996 ENGLISH ONLY HUMAN RIGHTS COMMITTEE CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT Third periodic reports of States parties due in 1991 Addendum PORTUGAL REPORT ON THE APPLICATION OF THE COVENANT IN MACAU* ** [1 March 1996] * The present document contains information submitted be the Government of Portugal on the application of the Covenant in Macau. ** The information submitted by Portugal in accordance with the guidelines concerning the initial part of reports of States parties is contained in the core document (HRI/CORE/1/Add.73). GE.9619333 (E) CCPR/C/70/Add.9 page 2 CONTENTS Paragraphs Page Article 1 ....................... 1 11 3 Article 2 ....................... 12 28 5 Article 3 ....................... 29 33 14 Article 4 ....................... 34 40 14 Article 5 ....................... 41 43 16 Article 6 ....................... 44 51 17 Article 7 ....................... 52 65 18 Article 8 ....................... 66 76 21 Article 9 ....................... 77 91 23 Article 10 ....................... 92 114 26 Article 11 ....................... 115 117 30 Article 12 ....................... 118 132 30 Article 13 ....................... 133 142 33 Article 14 ....................... 143 214 35 Article 15 ....................... 215 218 49 Article 16 ....................... 219 221 50 Article 17 ....................... 222 244 50 Article 18 ....................... 245 259 54 Article 19 ....................... 260 278 56 Article 20 ....................... 279 284 60 Article 21 ....................... 285 298 61 Article 22 ....................... 299 313 63 Article 23 ....................... 314 340 65 Article 24 ....................... 341 368 70 Article 25 ....................... 369 431 74 Article 26 ....................... 432 436 86 Article 27 ....................... 437 447 87 List of annexes CCPR/C/70/Add.9 page 3 Article 1 1. -
Pragmatism in International Negotiation!
Portugal and the Settlement of the MacaH Question, 1984-1999: Pragmatism in International Negotiation! Carmen Isabel de Oliveira Amado Mendes Dissertation submitted to the Department of Political Studies School or Oriental and African Studies University of London For the award of the degree of Ph.D. ProQuest Number: 10673234 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 10673234 Published by ProQuest LLC(2017). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 Abstract Portugal and the Settlement of the Macau Question, 1984- 1999: Pragmatism in International Negotiations This thesis examines the manner in which the Portuguese Government formulated and implemented its negotiating strategy for the settlement of the Macau question with the People’s Republic of China. The analysis is supported by theories of international negotiations. In addition to providing a detailed account of Portugal’s negotiating strategy, the study highlights the impact that the Sino-British negotiations on Hong Kong had on the Sino-Portuguese negotiations. It also argues that the Portuguese side was mostly reactive: for domestic reasons, a key objective was to ensure that Macau’s treatment was not worse than Hong Kong’s, and in particular to ensure that Macau’s transfer happened after Hong Kong.