DOCSLIB.ORG

“Post-Colonial” Legal Interpretation in Macau, China: Between European and Chinese Influences

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
“Post-Colonial” Legal Interpretation in Macau, China: Between European and Chinese Influences Chapter 4 “Post-Colonial” Legal Interpretation in Macau, China: Between European and Chinese Influences Denis de Castro Halis I Introduction In the frame of academic discussions concerning transformation in post-colonial regions, this chapter presents a particular approach to the development of Macau’s1 political status and legal reality from a colonial to a non-colonial system under specific political and constitutional transition circumstances. On December 20, 1999 – the date when the Portuguese administration ceased – Macau effec- tively became a Special Administrative Region (sar) of the People’s Republic of China.2 As a result, similarly to Hong Kong, it is now marked by a high degree of autonomy from mainland China. As the number one gambling destination in the world, with casino revenues of about seven times that of Las Vegas,3 the small territory of Macau (about 30 km2) is quickly gaining the world’s attention and becoming known as the “Las Vegas of the East.”4 This booming economic development has raised great interest in Macau’s history and its peculiar characteristics, which include its legal system and its relation with that of the mainland. To classify Macau as a post-colonial region means that its characteristics might express a combination of different cultures (in this case, Asian and European). This chapter attempts to examine important aspects of that com- bination with a focus on the legal reality of Macau. Macau still stands as a place where European legal principles and procedures remain integrated in a Chinese context. The chapter discusses whether this legal reality is becoming * Senior Lecturer, Faculty of Law, University of Macau. Contact: [email protected]. 1 Also spelled “Macao,” despite the fact that “Macau” is the original name in Portuguese. 2 Henceforth “China,” unless the full formal name is needed for establishing the difference between the “Republic of China” (or “Taiwan,” or yet “Taiwan, Province of China”) and for indicating that important turn into China’s history marked by the victory of the Chinese Communist Party led by Mao Zedong over the Kuomintang Party. 3 For the official revenue figures by time periods, in total, and by gaming concessionaires, see Gaming Inspection and Coordination Bureau of the Macau sar, accessed July 7, 2014, http://www.dicj.gov.mo/web/en/information/index.html. 4 In January 2015, Macau had a total of 35 casinos controlled by both foreign and local tycoons. © koninklijke brill nv, leiden, 2015 | doi 10.1163/9789004274204_006 <UN> “post-colonial” Legal Interpretation In Macau, China 69 more “Chinese” to the detriment of its strong European roots and heritage. To address this, it is relevant to discuss the controversial political status of Macau throughout its history. Section II of this chapter discusses a sort of Shakespearean dilemma: “was Macau a colony, or was it not?” Also, is it possible to talk about Macau today in terms of a post-colonial reality? A brief historical outline will explain why Macau can be considered a “post-colonial” region. That will demonstrate some of the reasons behind the particularities of the region and its legal system. It will also help to visualize how those particularities influence government offi- cials’ and judges’ interpretation of its laws. After discussing the political status of Macau, Section III begins by addressing the relation between Macau and mainland China, and the main principles that inform this relation. Later, it addresses the issue of how laws are interpreted in Macau, both from a partial description of its relevant pos- itive law and from a discussion of which interpretive perspective prevails (or must prevail) given that the region’s legal culture is marked by very dis- tinct influences (particularly from Asia and Europe). As for the latter discus- sion, the judges of the Court of Second Instance of Macau have formally disagreed on a “Chinese-law oriented perspective” versus a “Macau-based perspective” (which somehow reinforces its European legal heritage) for interpreting the laws. Finally, Section IV argues that the choice between those two interpretive perspectives (“Macau’s interpretive dilemma”) has very relevant practical implications in the evaluation of situations and on the outcome of cases to be decided by government officials and judges. Those practical implications are discussed and two real situations are provided as illustrations of how the gov- ernment has been using the law in actual cases that involve fundamental rights and freedoms. II Was Macau a Colony or Not? Is There a Post-colonial Reality in Macau? Macau became a Special Administrative Region of China on December 20, 1999. On this day China officially resumed its sovereignty over the region, although it has yet to formally observe the terms agreed with Portugal for a period of 50 years. Thus, Macau is in a transitional period between the end of the Portuguese administration in 1999 and the moment when China will be able to exercise its unrestricted sovereign control in December 2049. The region is a historical locus of converging social, legal and political heri- tages from the East and the West. Such encounters of cultures and peoples <UN>.
Load more

Recommended publications
  • China's Global Media Footprint
    February 2021 SHARP POWER AND DEMOCRATIC RESILIENCE SERIES China’s Global Media Footprint Democratic Responses to Expanding Authoritarian Influence by Sarah Cook ABOUT THE SHARP POWER AND DEMOCRATIC RESILIENCE SERIES As globalization deepens integration between democracies and autocracies, the compromising effects of sharp power—which impairs free expression, neutralizes independent institutions, and distorts the political environment—have grown apparent across crucial sectors of open societies. The Sharp Power and Democratic Resilience series is an effort to systematically analyze the ways in which leading authoritarian regimes seek to manipulate the political landscape and censor independent expression within democratic settings, and to highlight potential civil society responses. This initiative examines emerging issues in four crucial arenas relating to the integrity and vibrancy of democratic systems: • Challenges to free expression and the integrity of the media and information space • Threats to intellectual inquiry • Contestation over the principles that govern technology • Leverage of state-driven capital for political and often corrosive purposes The present era of authoritarian resurgence is taking place during a protracted global democratic downturn that has degraded the confidence of democracies. The leading authoritarians are ABOUT THE AUTHOR challenging democracy at the level of ideas, principles, and Sarah Cook is research director for China, Hong Kong, and standards, but only one side seems to be seriously competing Taiwan at Freedom House. She directs the China Media in the contest. Bulletin, a monthly digest in English and Chinese providing news and analysis on media freedom developments related Global interdependence has presented complications distinct to China. Cook is the author of several Asian country from those of the Cold War era, which did not afford authoritarian reports for Freedom House’s annual publications, as regimes so many opportunities for action within democracies.
    [Show full text]
  • Revised Availability: IBM Ethernet B-Type (M/S/R- Series) and J-Type (M/E-Series) Products Now Available in Selected Countries
    IBM Europe, Middle East, and Africa Hardware Announcement ZG10-0118, dated April 6, 2010 Revised availability: IBM Ethernet b-type (m/s/r- series) and j-type (m/e-series) products now available in selected countries Table of contents 1 Overview 2 Description 1 Planned availability date 5 Announcement countries Overview The following IBM® Ethernet b-type and j-type products are now approved for connecting to the public telecommunication networks in additional countries and the availability of these products is now being revised to list those approved countries. • IBM Ethernet Router j-type m-series (4274-M02, M06, and M11) • IBM Ethernet Switch j-type e-series (4274-E08 and 4274-E16) • IBM Ethernet Router b-type m-series (4003-M04, M08, M16, and M32) • IBM Ethernet Switch b-type s-series (4003-S08 and 4003-S16) • IBM Ethernet Switch b-type r-series (4003-R04, R08, and R16) The previously announced availability of these products has changed. Refer to the following Hardware Announcements for complete information on these products: • ZG09-0845, dated October 20, 2009 • ZG09-0811, dated October 20, 2009 • ZG09-0217, dated April 28, 2009 • ZG09-0218, dated April 28, 2009 • ZG09-0629, dated August 25, 2009 • ZG09-0810, dated October 20, 2009 For more information, refer to the Description section. Planned availability date April 6, 2010 • Only in the following countries for the IBM Ethernet Switch J08E (4274-E08) and IBM Ethernet Switch J16E (4274-E16) Antigua and Barbuda, Bahamas, Bermuda, Dominican Republic, Guyana, Honduras, Mexico, Saint
    [Show full text]
  • Introduction Historical Context
    INTRODUCTION China-Africa ties have expanded beyond trade and investment in extractive industries to engagement in telecommunications, infrastructure, manufacturing, finance, media, agriculture and peace and security issues. HISTORICAL CONTEXT While not as well documented as Africa’s links with Europe, China-Africa relations date back to the Ming Dynasty (1368-1644) when a series of expeditions reached East Africa under the command of Admiral Zheng He, at roughly the same time as the Portuguese were exploring Africa’s Atlantic coast. However, formal political relations were only forged during the early years of the founding of the People’s Republic of China (1949), which intersected with the first wave of African independence. The Five Principles of Peaceful Coexistence were originally established in 1954 by India’s prime minister, Jawaharlal Nehru, and the Chinese premier, Zhou Enlai. These principles rose to popularity during the 1955 Bandung Conference – which paved the way for the founding of the Non-Aligned Movement – and have become an important basis for China’s foreign policy and its relations with Africa and Asia. China’s support for Africa’s liberation also played an influential role in shaping the outcomes of newly independent states. 2015 is also 60 years since the 1955 Bandung Asian-African conference, a turning point of world history when for the first time representatives of the former colonised nations united and proposed alternatives to a world order dominated by superpowers. - Remarks by African Union Commission Chairperson, Nkosazana Dlamini-Zuma, 30 January 2015. …The relationship between ourselves and China is founded, as the Prime Minister reminded us recently, on four basic principles: treating each other sincerely and equally; consolidating solidarity and mutual trust; jointly pursuing inclusive development; and promoting inventive practical cooperation between our countries.
    [Show full text]
  • Religion in China BKGA 85 Religion Inchina and Bernhard Scheid Edited by Max Deeg Major Concepts and Minority Positions MAX DEEG, BERNHARD SCHEID (EDS.)
    Religions of foreign origin have shaped Chinese cultural history much stronger than generally assumed and continue to have impact on Chinese society in varying regional degrees. The essays collected in the present volume put a special emphasis on these “foreign” and less familiar aspects of Chinese religion. Apart from an introductory article on Daoism (the BKGA 85 BKGA Religion in China proto­typical autochthonous religion of China), the volume reflects China’s encounter with religions of the so-called Western Regions, starting from the adoption of Indian Buddhism to early settlements of religious minorities from the Near East (Islam, Christianity, and Judaism) and the early modern debates between Confucians and Christian missionaries. Contemporary Major Concepts and religious minorities, their specific social problems, and their regional diversities are discussed in the cases of Abrahamitic traditions in China. The volume therefore contributes to our understanding of most recent and Minority Positions potentially violent religio-political phenomena such as, for instance, Islamist movements in the People’s Republic of China. Religion in China Religion ∙ Max DEEG is Professor of Buddhist Studies at the University of Cardiff. His research interests include in particular Buddhist narratives and their roles for the construction of identity in premodern Buddhist communities. Bernhard SCHEID is a senior research fellow at the Austrian Academy of Sciences. His research focuses on the history of Japanese religions and the interaction of Buddhism with local religions, in particular with Japanese Shintō. Max Deeg, Bernhard Scheid (eds.) Deeg, Max Bernhard ISBN 978-3-7001-7759-3 Edited by Max Deeg and Bernhard Scheid Printed and bound in the EU SBph 862 MAX DEEG, BERNHARD SCHEID (EDS.) RELIGION IN CHINA: MAJOR CONCEPTS AND MINORITY POSITIONS ÖSTERREICHISCHE AKADEMIE DER WISSENSCHAFTEN PHILOSOPHISCH-HISTORISCHE KLASSE SITZUNGSBERICHTE, 862.
    [Show full text]
  • GDP Composition %
    Macau Introduction Key Economic Facts U.S. Embassy Macau, along with Hong Kong, is one of the two special Income Level (by per capita High Income U.S. Consulate General Hong Kong & Macau administrative regions of China in Eastern Asia. It lies on the GNI): 26 Garden Road western side of the Pearl River Delta, bordering Guangdong GDP, PPP (current international $82.91 billion (2019) Central, Hong Kong and facing the South China Sea. Macau is $): Phone: (852) 2523-9011 situated 60 kilometers (37 mi) southwest GDP growth (annual %): -4.71% (2019) https://hk.usconsulate.gov of Hong Kong and consists of the Macau GDP per capita, PPP (current $129,451.06 (2019) Peninsula and the islands of Taipa and international $): Coloane. The government system is a Manufacturing, value added (% 0.54% (2018) limited democracy; the chief of state is the president of of GDP): China, and the head of government is the chief executive. Current account balance (BoP, $17.70 billion (2019) Under the "one country, two systems" approach, China's current US$): socialist economic system is not Inflation, consumer prices 3.01% (2018) practiced in Macau. Macau has (annual %): a market based, service- Labor force, total: 390,040 (2020) oriented economy in which the Unemployment, total (% of 2.51% (2020) prices of goods and services total labor force) (modeled ILO estimate): are determined in a free price Imports of goods and services $18.01 billion (2019) system. (current US$): Exports of goods and services $44.97 billion (2019) Location: Eastern Asia (current US$): Capital
    [Show full text]
  • Turkey and China
    TURKEY AND CHINA MEHMET ÖGÜTÇÜ I. INTRODUCTION The world is waking up to the fact that China is becoming a new economic superpower. In just one and a half decades, China has transformed itself from a dormant, introspective giant into a dynamic powerhouse of major significance to the world economy. It currently provides the only major, rapidly growing economy in an otherwise recession-hit world. Western exporters, multinationals and emerging market investors are looking to China almost as if it were a new El Dorado. The strategic centre of gravity is also shifting towards China and other dynamic Asia-Pacific nations, bringing about fundamental changes in traditional balance-of-power equations. Geographically, this 'Rising East'1 encompasses a vast triangle that extends from the Russian far east and Korea in the northeast, to Australia in the south and Pakistan in the west. It seems that the twenty-first century will be shaped by new racial and cultural forces. For several hundred years, the world has been dominated by white Europeans and Americans who hold to Judaeo-Christian traditions and they will soon be obliged to accept as equals yellow and brown Asians who adhere to the tenets of Buddhism, Confucianism, Hinduism and Islam. In the next twenty years, Asia, currently home to more than half the world population, will most likely have five of the world's six largest economies, the US being the other. China has emerged as the rising star of the entire region, economically and politically. In ancient times, so strong was China that its people became accustomed to thinking of their country as the Middle Kingdom or Zhungguo, the centre around which all else revolved.
    [Show full text]
  • Religious Beliefs and Environmental Behaviors in China
    religions Article Religious Beliefs and Environmental Behaviors in China Yu Yang 1,* and Shizhi Huang 2 1 Department of Public Administration and Moral Development Institute, Southeast University, Nanjing 210096, China 2 School of Public Administration, Hohai University, Nanjing 210098, China; yzfl[email protected] * Correspondence: [email protected] Received: 3 January 2018; Accepted: 5 March 2018; Published: 7 March 2018 Abstract: The role of religion in the environment has yet to be empirically investigated in the country with the largest atheist population across the globe. Using data from the Chinese General Social Survey 2013, we examined the effects of religious beliefs on environmental behaviors in China. Dependent variables of private and public environmental behaviors were identified by factor analysis. The estimation revealed a contradictory result that most religious beliefs had negative effects on private environmental behaviors while having positive effects on public environmental behaviors. The findings suggest a religion–politics interactive mechanism to enhance pro-environmental behavior in China. Keywords: private and public environmental behaviors; Chinese religions; ecological civilization; government 1. Introduction Scholarly interest in studying the role of religion in the environment has received substantial attention for the past half-century. Since historian Lynn White(1967) argued that Judeo-Christianity with a domination ethic over nature had caused the ecological crisis, the consequences of the interactions between religions and the environment have been debated quite extensively in the literature (Berry 2013). With different perspectives and technical details as well as the multidimensional nature of environmental attitudes and actions, researchers have stimulated divergent results. Some researchers have provided empirical support for White’s argument (Dunlap and Van Liere 1984; Eckberg and Blocker 1989; Sherkat and Ellison 2007), while others held evidence with contrasting results (Boyd 1999; Shibley and Wiggins 1997).
    [Show full text]
  • Global Economy and China's Economy in 2021
    Global Economy and China’s Economy in 2021 Liqing Zhang Chief Economist of PwC China and Professor of the Central University of Finance and Economics December 2020 Global Economy and China’s Economy in 2021 Content 03 10 16 Uncertain and unbalanced global Significant risks to global finance in the Opportunities and challenges facing economy recovery post COVID-19 world China’s economy in 2021 Global Economy and China’s Economy in 2021 Uncertain and unbalanced global economy recovery Global Economy and China’s Economy in 2021 Uncertain and unbalanced global economy recovery (1) In April 2020, IMF substantially cut its IMF DataMappar Real GDP growth (Annual percent chage, 2020) growth forecasts for 2020: • Global economy would shrink by 3% in 2020 (IMF forecasted 3% growth at the beginning of the year) • Global economy would suffer from the worst recession since the “Great Depression”. • Nearly 90% of the countries recorded negative growth, the most extensive economic recession in the past 150 years. 6% or more 3%-6% 0-3% 90% -3%-0 less than -3% of the countries no data recorded negative growth Source: IMF, 2020, World Economic Outlook (April 2020) Global Economy and China’s Economy in 2021 4 Uncertain and unbalanced global economy recovery (2) Critical factor: COVID-19 The pandemic situation is still severe; China, Russia, the US and other countries are speeding up vaccine development, which is expected to make a difference. Trend of domestic/overseas newly confirmed cases Domestic Unit: case Overseas Domestic/Overseas newly Overseas cumulative Overseas cured confirmed cases cases/existing cases/deaths confirmed cases Global Economy and China’s Economy in 2021 5 Uncertain and unbalanced global economy recovery (3) According to IMF forecast in October: • World economy would shrink by 4.4% due to COVID-19, 4.3% for the US, 8.3% in Eurozone, and 3.3% for emerging market economies (EMEs), while China was expected to have a 1.9% growth.
    [Show full text]
  • 10. HONG KONG's STRATEGIC IMPORTANCE UNDER CHINESE SOVEREIGNTY Tai Ming Cheung Hong Kong Has Come a Long Way Since It Was
    - 170 - 10. HONG KONG’S STRATEGIC IMPORTANCE UNDER CHINESE SOVEREIGNTY Tai Ming Cheung Hong Kong has come a long way since it was dismissed as a barren rock a century and a half ago. This bastion of freewheeling capitalism today is a leading international financial, trading and communications center serving one of the world’s fastest growing economic regions. But Hong Kong is also entering a period of considerable change and uncertainty following its reversion to Chinese sovereignty that is likely to have a far- reaching impact on its strategic importance and role over the coming years. As a British colony, Hong Kong was an important outpost for the West to keep an eye on China and safeguard busy sea-lanes. Under Chinese rule, the Hong Kong Special Administrative Region (SAR) will play a crucial role in boosting China’s economic growth and promoting Beijing’s long-term goal of reunification with Taiwan. How China handles Hong Kong’s return will have major consequences for the territory as well as for China’s relations with the international community. The world will be watching very carefully whether Beijing will adhere to its international commitments of allowing the SAR to retain a high degree of autonomy. The U.S. has said that the transition will be a key issue in determining its future relations with China. This paper will examine the strategic implications of Hong Kong's return to Chinese rule. Several key issues will be explored: • Hong Kong's past and present strategic significance. • The stationing of the People's Liberation Army (PLA) in Hong Kong.
    [Show full text]
  • The Taiwan Issue and the Normalization of US-China Relations Richard Bush, Brookings Institution Shelley Rigger, Davidson Colleg
    The Taiwan Issue and the Normalization of US-China Relations Richard Bush, Brookings Institution Shelley Rigger, Davidson College The Taiwan Issue in US-China Normalization After 1949, there were many obstacles to normalization of relations between the United States and the new People’s Republic of China (PRC), but Taiwan was no doubt a key obstacle. The Kuomintang-led Republic of China (ROC) government and armies had retreated there. Washington maintained diplomatic relations with the ROC government and, in 1954-55, acceded to Chiang Kai-shek’s entreaties for a mutual defense treaty. After June 1950 with the outbreak of the Korean conflict, the United States took the position that the status of the island of Taiwan— whether it was part of the sovereign territory of China—was “yet to be determined.” More broadly, PRC leaders regarded the United States as a threat to their regime, particularly because of its support for the ROC, and American leaders viewed China as a threat to peace and stability in East Asia and to Taiwan, which they saw as an ally in the containment of Asian communism in general and China in particular. It was from Taiwan’s Ching Chuan Kang (CCK) airbase, for example, that U.S. B-52s flew bombing missions over North Vietnam. By the late 1960s, PRC and U.S. leaders recognized the strategic situation in Asia had changed, and that the geopolitical interests of the two countries were not in fundamental conflict. Jimmy Carter and Deng Xiaoping not only reaffirmed that assessment but also recognized a basis for economic cooperation.
    [Show full text]
  • Travel Guide China Beijing
    Travel Guide China Beijing ComplexionlessItalianate and limited or booming, Rudy Hebraising Barney never her poxesalters crunchany shiel! while Darcy Maury rebore reunified vaguely? some Byzantine raffishly. For starters, watch what should eat. Perhaps refresh and immerse again. Summer palaces that a museum that can watch what we guarantee that you for sensory overload on cell phones, there are good. We were sent us incredible weeks ahead though beijing part is always bring them ourselves while loading failed to china travel guide and. Bianyifang or Quanjude maintains several locations in hand city. While you can be done in beijing, or beijing travel guide china does it would decamp to follow and found. Over that period of do he has traveled by his, train, car, motorcycle and even camel to explore with every plague of why country. Both the massive complex in beijing travel guide china compared to southeast. On china guide to cancel the price in beijing west of foreign students this china guide id to use. One Who Fails to miss the grape Wall Is each Hero. April to November, September and October would be with perfect visiting time. Xizhimen and guide, travelling in china! Beijing and you will find the manner of stores selling silk carpets and other varieties. Nightlife in Beijing is mind so much trouble from western countries. Tokyo with china guide as various museums, and recreations for everyone tries to bring a need to beijing than others. Countless friends all four districts are things on standard bias for each region of guide china travel guide shan shan! This abundant and charming Jinshanling has finally been mediocre as useful place popular with outdoor enthusiasts.
    [Show full text]
  • South Africa and China: the Making of a Partnership
    SOUTH AFRICA A ND C HINA : T HE MA KING OF A P A RTNERS HIP OCCASIONAL PAPER 199 Global Powers and Africa Programme August 2014 South Africa and China: The Making of a Partnership Chris Alden & Yu-Shan Wu s ir a f f A l a n o ti a rn e nt f I o te tu sti n In rica . th Af hts Sou sig al in Glob African perspectives. ABOUT SAIIA The South African Institute of International Affairs (SAIIA) has a long and proud record as South Africa’s premier research institute on international issues. It is an independent, non-government think tank whose key strategic objectives are to make effective input into public policy, and to encourage wider and more informed debate on international affairs, with particular emphasis on African issues and concerns. It is both a centre for research excellence and a home for stimulating public engagement. SAIIA’s occasional papers present topical, incisive analyses, offering a variety of perspectives on key policy issues in Africa and beyond. Core public policy research themes covered by SAIIA include good governance and democracy; economic policymaking; international security and peace; and new global challenges such as food security, global governance reform and the environment. Please consult our website http://www.saiia.org.za for further information about SAIIA’s work. ABOUT THE GLOBA L POWERS A ND A FRICA PROGRA MME The Global Powers and Africa (GPA) Programme, formerly Emerging Powers and Africa, focuses on the emerging global players China, India, Brazil, Russia and South Africa as well as the advanced industrial powers such as Japan, the EU and the US, and assesses their engagement with African countries.
    [Show full text]