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The
Government of the People's Republic of China and the Government of the
Republic of Portugal have reviewed with satisfaction the development of
the friendly relations between the two Governments and peoples since the
establishment of diplomatic relations between the two countries and
agreed that a proper negotiated settlement by the two Governments of the
question of Macau, which is left over from the past, is conducive to the
economic growth and social stability of Macau and to the further
strengthening of the friendly relations and cooperation between the two
countries. To this end, they have, after talks between the delegations
of the two Governments, agreed to declare as follows:
The Government of the People's
Republic of China and the Government of the Republic of Portugal declare
that the Macau area (including the Macau Peninsula, Taipa Island and
Colane Island, herein after referred to as Macau) is Chinese territory,
and that the Government of People's Republic of China will resume the
exercise of sovereignty over Macau with effect from 20 December 1999.
The Government of the People's
Republic of China declares that in line with the principle of "one
country, two systems", the People's Republic of China will pursue
the following basic policies regarding Macau:
In accordance with the
provisions of Article 31 of the Constitution of the People's Republic of
China, the People's Republic of China will establish a Macau Special
Administrative Region of the People's Republic of China upon resuming
the exercise of sovereignty over Macau.
The Macau Special
Administrative Region will be directly under the authority of the
Central People's Government of the People's Republic of China, and will
enjoy a high degree of autonomy, except in foreign and defence affairs
which are the responsibilities of the Central People's Government. The
Macau Special Administrative Region will be vested with executive,
legislative and independent judicial power, including that of final
adjudication.
Both the Government and the
legislature of the Macau Special Administrative Region will be composed
of local inhabitants. The chief executive will be appointed by the
Central People's Government on the basis of the results of elections or
consultations to be held in Macau. Officials holding principal posts
will be nominated by the chief executive of the Macau Special
Administrative Region for appointment by the Central People's
Government. Public servants 8including police) of Chinese nationality
and Portuguese and other foreign nationalities previously serving in
Macau may remain in employment. Portuguese and other foreign nationals
may be appointed or employed to hold certain public posts in the Macau
Special Administrative Region.
The current social and economic
systems in Macau will remain unchanged and so will the life-style. The
laws currently in force in Macau will remain basically unchanged. All
rights and freedoms of the inhabitants and other persons in Macau,
including those of the person, of speech, of the press, of assembly, of
association, of travel, and movement, of strike, of choice of
occupation, of academic research, of religion and belief, of
communication and the ownership of property will be ensured by law in
the Macau Special Administrative Region.
The Macau Special
Administrative Region will on its own decide policies in the fields of
culture, education, science and technology and protect cultural relics
in Macau according to law.
In addition to Chinese,
Portuguese may also be used in organs of Government and in the
legislature and the courts in the Macau Special Administrative Region.
The Macau Special
Administrative Region may establish mutually beneficial economic
relations with Portugal and other countries. Due regard will be given to
the economic interests of Portugal and other countries in Macau. The
interests of the inhabitants of Portuguese descent in Macau will be
protected by law.
Using the name "Macau,
China", the Macau Special Administrative Region may on its own
maintain and develop economic and cultural relations and in this context
conclude agreements with states, regions and relevant international
organisations.
The Macau Special
Administrative Region Government may on its own issue travel documents
for entry into and exit from Macau.
The Macau Special
Administrative Region will remain a free port and a separate customs
territory in order to develop its economic activities. There will be
free flow of capital. The Macau Pataca, as the legal tender of the Macau
Special Administrative Region, will continue to circulate and remain
freely convertible.
The Macau Special
Administrative Region will continue to have independent finances. The
Central People's Government will not levy taxes on the Macau Special
Administrative Region.
The maintenance of public order
in the Macau Special Administrative Region will be the responsibility of
the Macau Special Administrative Region Government.
Apart from displaying the
national flag and national emblem of the people's Republic of China, the
Macau Special Administrative Region may use a regional flag and emblem
of its own.
The above-stated basic policies
and the elaboration of them in Annex I to this Joint Declaration will be
stipulated in a Basic Law of the Macau Special Administrative Region of
the people's Republic of China by the national people's Congress of the
People's Republic of China, and they will remain unchanged for 50 years.
The Government of the People's
Republic of China and the Government of the Republic of Portugal declare
that, during the transitional period between the date of the entry into
enforce of this Joint Declaration and 19 December 1999, the Government
of the Republic of Portugal will be responsible for the administration
of Macau. The Government of the Republic of Portugal will continue to
promote the economic growth of Macau and maintain its social stability,
and the Government of the People's Republic of China will give its
cooperation in this connection.
The Government of the People's
republic of China and the Government of the Republic of Portugal declare
that in order to ensure the effective implementation of this Joint
Declaration and create appropriate conditions for the transfer of
Government in 1999, a Sino-Portuguese Joint Liaison group will be set up
when this Joint Declaration enters into force, and that it will be
established and will function in accordance with the relevant provisions
of Annex II to this Joint Declaration.
The Government of the people's
Republic of China and the Government of the Republic of Portugal declare
that land leases in Macau and other related matters will be deal with in
accordance with the relevant provisions of the Annexes to this Joint
declaration.
The Government of the People's
Republic of China and the Government of the Republic of Portugal agree
to implement all the preceding declarations and the Annexes which are a
component part of the joint declaration.
This Joint Declaration and its
Annexes shall enter into force on the date of the exchange of
instruments of ratification, which shall take place in Beijing. This
Joint Declaration and its Annexes shall be equally binding.
Done in duplicate at Beijing on
April 15, 1987 in the Chinese and Portuguese languages, both texts being
equally authentic.
For the Government of the
Republic of Portugal
Anibal Cavaco Silva
For the Government of the
People's Republic of China
Zhao Ziyang
ANNEX I
ELABORATION BY THE GOVERNMENT OF THE
PEOPLE'S REPUBLIC OF CHINA OF ITS BASIC POLICIES REGARDING MACAU
The Government of the People's
republic of China elaborates the basic policies of the People's Republic
of China regarding Macau as set out in paragraph 2 of the joint
Declaration of the Government of the people's Republic of China and the
Government of the Republic of Portugal on the Question of Macau as
follows:
I
The Constitution of the
People's republic of China stipulates in Article 31 that "the state
may establish special administrative regions when necessary. The systems
to be instituted in special administrative regions shall be prescribed
by laws enacted by the National People's Congress in the light of the
specific conditions". In accordance with this Article, the People's
Republic of China shall, upon the resumption of the exercise of
sovereignty over Macau on 20 December 1999, establish the Macau Special
Administrative Region of the People's Republic of China. The national
People's Congress of the People's Republic of China shall enact and
promulgate a Basic law of the Macau Special Administrative Region of the
People's Republic of China (hereinafter referred to as the Basic Law) in
accordance with the Constitution of the People's Republic of China,
stipulating that after the establishment of the Macau Special
Administrative Region the socialist system and socialist policies shall
not be practised in the Macau Special Administrative Region and that the
current social and economic systems and life-style in Macau shall remain
unchanged for 50 years.
The Macau Special
Administrative Region shall be directly under the authority of the
Central People's Government of the People's Republic of China, and shall
enjoy a high degree of autonomy, except in foreign and defence affairs
which are the responsibilities of the Central People's Government. The
Macau Special Administrative Region shall be vested with executive,
legislative and independent judicial power, including that of the final
adjudication. The Central People's Government shall authorise the Macau
Special Administrative Region to conduct on its own those external
affairs specified in Section VIII of this Annex.
II
The executive power of the
Macau Special Administrative Region shall be vested in the Government of
the Macau Special Administrative Region. The Government of the Macau
Special Administrative Region shall be composed of local inhabitants.
The chief executive of the Macau Special Administrative Region shall be
appointed by the Central People's Government on the basis of the results
of elections or consultations to be held in Macau. Officials holding
principal posts (equivalent to Assistant-Secretaries, procurator-general
and principal officer of the police service) shall be nominated by the
chief executive of the Macao Special Administrative Region for
appointment by the Central People's Government.
The executive authorise shall
abide by the law and shall be accountable to the legislature.
III
The legislative power of the
Macau Special Administrative Region shall be vested in the legislature
of the Macau Special Administrative Region. The legislature shall be
composed of local inhabitants, and the majority of its members shall be
elected.
After the establishment of the
Macau Special Administrative Region, the laws, decrees, administrative
regulations and other normative acts previously in force in Macau shall
be maintained, save for whatever therein may contravene the Basic Law or
subject to any amendment by the Macau Special Administrative Region
legislature.
The legislature of the Macau
Special Administrative Region may enact laws in accordance with the
provisions of the Basic Law and legal procedures, and such laws shall be
reported to the Standing Committee of the National People's Congress of
the People's Republic of China for record. Laws enacted by the
legislature of the Macau Special Administrative Region which are in
accordance with the Basic Law and legal procedures shall be regarded as
valid.
The legal system of the Macau
Special Administrative Region shall consist of the basic Law, the laws
previously in force in Macau and the laws enacted by the Macau Special
Administrative Region as above.
IV
Judicial power in the Macau
Special Administrative Region shall be vested in the courts of the Macau
Special Administrative Region. The power of final adjudication shall be
exercised by the court of final appeal in the Macau Special
Administrative Region. The courts shall exercise judicial power
independently and free from any interference, and shall be subordinated
only to the law. The judges shall enjoy the immunities appropriate to
the performance of their functions.
Judges of the Macau Special
Administrative Region courts shall be appointed by the chief executive
of Macau Special Administrative Region acting in accordance with the
recommendation of the independent commission composed of local judges,
lawyers and noted public figures. Judges shall be chosen by reference to
their professional qualifications. Qualified judges of foreign
nationalities may also be invited to serve as judges in the Macau
Special Administrative Region. A judge may only be removed for inability
to discharge the functions of his office, or for behaviour incompatible
with the post he holds, by the chief executive acting in accordance with
the recommendation of a tribunal appointed by the president of the court
of final appeal, consisting of not fewer than three local judges. The
removal of judges of the court of final appeal shall be decided upon by
the chief executive in accordance with the recommendation of a review
committee consisting of members of the Macau Special Administrative
Region Legislature. The appointment and removal of judges of the court
of final appeal shall be reported to the Standing Committee of the
National People's Congress for the record.
The prosecuting authority of
the Macau Special Administrative Region shall exercise procuratorial
functions as vested by law independently and free from any interference.
The system previously in force
in Macau for appointment and removal of supporting members of the
judiciary shall be maintained.
On the basis of the system
previously operating in Macau, the Macau Special Administrative Region
Government shall make provisions for local lawyers and lawyers from
outside Macau to practise in the Macau Special Administrative Region.
The Central People's Government
shall assist or authorise the Macau Special Administrative Region
Government to make appropriate arrangements for reciprocal juridical
assistance with foreign states.
V
The Macau Special
Administrative Region shall, according to law, ensure the rights and
freedoms of the inhabitants and other persons in Macau as provided for
by the laws previously in force in Macau, including freedom of the
person, of speech, of the press, of assembly, of demonstration, of
association (e.g., to form and join non-official associations), to form
and join trade unions, of travel and movement, of choice of occupation
and work, of strike, of religion and belief, of education and academic
research; inviolability of the home and of communication, and the right
to have access to law and court; rights concerning the ownership of
private property and of enterprises and their transfer and inheritance,
and to obtain appropriate compensation for lawful deprivation paid
without undue delay; freedom to marry and the right to form and raise a
family freely.
The inhabitants and other
persons in the Macau Special Administrative Region shall all be equal
before the law, and shall be free from discrimination, irrespective of
nationality, descent, sex, race, language, religion, political or
ideological belief, educational level, economic status or social
conditions.
The Macau Special
Administrative Region shall prospect, according to law, the interests of
residents of Portuguese descent in Macau and shall respect their customs
and cultural traditions.
Religious organisation and
believers in the Macau Special Administrative Region may carry out
activities as before for religious purposes and within the limits as
prescribed by law, and may maintain relations with religious
organisations and believers outside Macau. Schools, hospitals and
charitable institutions attached to religious organisations may continue
to operate as before. The relationship between religious organisations
in the Macau Special Administrative Region and those in other parts of
the People's Republic of China shall be based on the principles of
non-subordination, non-interference and mutual respect.
VI
After the establishment of the
Macau Special Administrative Region, public servants (including police)
of Chinese nationality And Portuguese and other foreign nationalities
previously serving in Macau may all remain in employment and continue
their service with pay, allowances and benefits no less favourable than
before. Those of the above-mentioned public servants who have retired
after the establishment of the Macau Special Administrative Region
shall, in accordance with regulations currently in force, be entitled to
pensions and allowances on terms no less favourable than before, and
irrespective of their nationality or place of residence.
The Macau Special
Administrative Region may appoint Portuguese and other foreign nationals
previously serving in the public service in Macau or currently holding
Permanent Identity Cards of the Macau Special Administrative Region to
public posts (except certain principal official posts). The Macau
Special Administrative Region may also invite Portuguese and other
foreign nationals to serve as advisers or hold professional and
technical posts. The Portuguese and other foreign nationals holding
public posts in the Macau Special Administrative Region shall be
employed only in their individual capacities and shall be responsible
exclusively to the Macau Special Administrative Region.
The appointment and promotion
of public servants shall be on the basis of qualifications, experience
and ability. Macau's previous system of employment, discipline,
promotion and normal rise in rank for the public service shall remain
basically unchanged.
VII
The Macau Special
Administrative Region shall on its own decide policies in the fields of
culture, education, science and technology, such as policies regarding
the languages of instruction (including Portuguese) and the system of
academic qualifications and the recognition of academic degrees. All
educational institutions may remain in operation and retain their
autonomy. They may continue to recruit teaching and administrative staff
and use teaching materials from outside Macau. Students shall enjoy
freedom to pursue their education outside the Macau Special
Administrative Region. The Macau Special Administrative Region shall
protect cultural relics in Macau according to law.
VIII
Subject to the principle that
foreign affairs are the responsibility of the Central People's
Government, the Macau Special Administrative Region may on its own,
using the name "Macau, China", maintain and develop relations
and conclude and implement agreements with states, regions and revelant
international or regional organisations in appropriate fields, such as
the economy, trade, finance, shiping, communications, tourism, culture,
science and technology and sports. Representatives of the Macau Special
Administrative Region Government may participate, as members of the
delegations of the Government of the People's Republic of China, in
international organisations or conferences in appropriate fields limited
to states and affecting the Macau Special Administrative Region, or may
attend in such other capacity as may be permitted by the Central
People's Government and the organisation or conference concerned, and
may express their views in the name of "Macau, China". The
Macau Special Administrative Region may, using the name "Macau,
China", participate in international organisations and conferences
not limited to states.
Representatives of the Macau
Special Administrative Region Government may participate, as members of
delegations of the Government of the People's Republic of China, in
negotiations conducted by the Central People's Government at the
diplomatic level directly affecting the Macau Special Administrative
Region.
The application to the Macau
Special Administrative Region of international agreements to which the
People's Republic of China is or becomes a party shall be decided by the
Central People's Government, in accordance with the circumstances of
each case and the needs of Macau Special Administrative Region and after
seeking the views of the Macau Special Administrative Region Government.
International agreements to which the People's Republic of China is not
a party but which are implemented in Macau may remain implemented in the
Macau Special Administrative Region. The Central People's Government
shall, according to the circumstances and the needs, authorise or assist
the Macau Special Administrative Region Government to make appropriate
arrangements for the application to the Macau Special Administrative
Region of other relevant international agreements.
The Central People's Government
shall, in accordance with the circumstances of each case and the needs
of the Macau Special Administrative Region, take steps to ensure that
the Macau Special Administrative Region shall continue to retain its
status in an appropriate capacity in those international organisations
of which the People's Republic of China is a member and in which Macau
participates in one capacity or another. The Central People's Government
shall, according to the circumstances and the needs, facilitate the
continued participation of the Macau Special Administrative Region in an
appropriate capacity in those international organisations in which Macau
is a participant in one capacity or another, but of which the People's
Republic of China is not a member.
Foreign consular and other
official or semi-official missions may be established in the Macau
Special Administrative Region with the approval of the Central People's
Government. Consular and other official missions established in Macau by
states which have established formal diplomatic relations with the
People's Republic of China may be maintained. According to the
circumstances of each case, consular and other official missions in
Macau of states having no formal diplomatic relations with the People's
Republic of China may either be maintained or changed to semi-official
missions. States not recognised by the People's Republic of China can
only establish non-governmental institutions.
The Republic of Portugal may
establish a Consulate-General in the Macau Special Administrative
Region.
IX
The following categories of
persons shall have the right of abode in Macau Special Administrative
Region and be qualified to obtain Permanent Identity Cards of the Macau
Special Administrative Region:
the Chinese's nationals who
were born or who have ordinarily resided in Macau before or after the
establishment of the Macau Special Administrative Region for a
continuous period of 7 years or more, and persons of Chinese nationality
born outside Macau of such Chinese nationals;
the Portuguese who were born in
Macau or who have ordinarily resided in Macau before or after the
establishment of the Macau Special Administrative Region for a
continuous period of 7 years or more and who, in either case, have taken
Macau as their place of permanent residence; and
the other persons who have
ordinarily resided in Macau for a continuous period of 7 years or more
and have taken Macau as their place of permanent residence before or
after the establishment of the Macau Special Administrative Region, and
persons under 18 years of age who were born of such persons in Macau
before or after the establishment of the Macau Special Administrative
Region.
The Central People`s Government
shall authorise the Macau Special Administrative Region Government to
issue, in accordance with the law, passports of the Macau Special
Administrative Region of the People's Republic of China to all Chinese
nationals who hold Permanent Identity Cards of the Macau Special
Administrative Region.
The above passports and travel
documents of the Macau Special Administrative Region shall be valid for
all states and regions and shall record the holder's right to return to
the Macau Special Administrative Region.
For the purpose of travelling
to and from the Macau Special Administrative Region, inhabitants of the
Macau Special Administrative Region may use travel documents issued by
the Macau Special Administrative Region Government, or by other
competent authorities of the People's Republic of China, or of other
states. Holders of Permanent Identity Cards of the Macau Special
Administrative Region may have this fact stated in their travel
documents as evidence that the holders have the right of abode in the
Macau Special Administrative Region.
Entry into the Macau Special
Administrative Region by inhabitants of other parts of China shall be
regulated in an appropriate way.
The Macau Special
Administrative Region may apply immigration controls on entry into, stay
in and departure from the Macau Special Administrative Region by persons
from foreign states and regions.
Unless restrained by law,
holders of valid travel documents shall be free to leave the Macau
Special Administrative Region without special authorisation.
The Central People's Government
shall assist or authorise the Macau Special Administrative Region
Government to negotiate and conclude visa abolition agreements with the
states and regions concerned.
X
The Macau Special
Administrative Region shall decide its economic and trade policies on
its own. As a free port and a separate customs territory, it shall
maintain and develop economic and trade relations with all states and
regions and continue to participate in relevant international
organisations and international agreements, such as the General
Agreement on Tariffs and Trade and agreements regarding international
trade in textiles. Export quotas, tariff preferences and other similar
arrangement obtained by the Macau Special Administrative Region shall be
enjoyed exclusively by the Macau Special Administrative Region. The
Macau Special Administrative Region shall have authority to issue its
owns certificates of origin for products manufactured locally, in
accordance with prevailing rules of origin.
The Macau Special
Administrative Region shall protect foreign investments in accordance
with the law.
The Macau Special
Administrative Region may, as necessary, establish official and
semi-official economic and trade missions in foreign countries,
reporting the establishment of such missions to the Central People's
Government for the record.
XI
After the establishment of the
Macau Special Administrative Region, the monetary and financial systems
previously practised in Macau shall remain basically unchanged. The
Macau Special Administrative Region shall decide its monetary and
financial policies on its own. It shall safeguard the free operation of
the financial institutions and the free flow of capital within, into and
out of the Macau Special Administrative Region. No exchange control
policy shall be applied in the Macau Special Administrative Region.
The Macau Pataca, as the legal
tender of the Macau Special Administrative Region, shall continue to
circulate and remain freely convertible. The authority to issue Macau
currency shall be vested in the Macau Special Administrative Region
Government. The Macau Special Administrative Region Government may
authorise designated banks to perform or continue to perform the
function of its agents in the issuance of Macau currency. Macau currency
bearing references inappropriate to the status of Macau as a special
administrative region of the People's Republic of China shall be
progressively replaced and withdrawn from circulation.
XII
The Macau Special
Administrative Region shall draw up on its own its budget and taxation
policy. The Macau Special Administrative Region shall report its budget
and final accounts to the Central People's Government for the record.
The Macau Special Administrative Region shall use its financial revenues
exclusively for its own purposes and they shall not be handed over to
the Central People's Government. The Central People's Government shall
not levy taxes on the Macau Special Administrative Region.
XIII
The Central People's Government
shall be responsible for the defence of the Macau Special Administrative
Region.
The maintenance of public order
in the Macau Special Administrative Region shall be the responsibility
of the Macau Special Administrative Region Government.
XIV
Legal leases of land granted or
decided upon before the establishment of the Macau Special
Administrative Region and extending beyond 19 December 1999, and all
rights in relation to such leases shall be recognised and protected
according to law by the Macau Special Administrative Region. Land leases
approved or renewed after the establishment of the Macau Special
Administrative Region shall be dealt with in accordance with the
relevant land laws and policies of the Macau Special Administrative
Region.
ANNEX II
ARRANGEMENTS FOR THE TRANSITIONAL
PERIOD
In order to ensure the
effective implementation of the Joint Declaration of the Government of
the People's Republic of China and the Government of the Republic of
Portugal on the Question of Macau and create appropriate conditions for
the transfer of Government of Macau, the Government of the People's
Republic of China and the Government of the Republic of Portugal have
agreed to continue their friendly cooperation during the transitional
period between the date of the entry into force of the Joint Declaration
and 19 December 1999.
For this purpose, the
Government of People's Republic of China and the Government of Republic
of Portugal have agreed to set up a Sino-Portuguese Joint Liaison Group
and a Sino-Portuguese Land Group in accordance with the provisions of
paragraphs 3, 4, and 5 of the Joint Declaration.
Sino-Portuguese Joint Liaison Group
The Joint Liaison Group shall
be an organ for liaison, consultation and exchange of information
between the two Governments. It shall not interfere in the
administration of Macau, nor shall it have any supervisory role over
that administration.
The functions of the Joint
Liaison Group shall be:
to conduct consultations on the
implementation of the Joint Declaration and its Annexes;
to exchange information and
conduct consultations on matters relating to the transfer of Government
of Macau in 1999;
to conduct consultations on
actions to be taken by the two Governments to enable the Macau Special
Administrative Region to maintain and develop external economic,
cultural and other relations;
to exchange information and
conduct consultations on other subjects as may be agreed by the two
sides
Matters on which there is
disagreement in the Joint Liaison Group shall be referred to the two
Governments for solution through consultations.
Each side shall designate a
leader of ambassadorial rank and four other members of the group. Each
side may also designate experts and supporting staff as required, whose
number shall be determined through consultations.
The Joint Liaison Group shall
be established on the entry into force of the Joint Declaration and
shall start work within three months after its establishment. It shall
meet in Beijing, Lisbon and Macau alternately in the first year of work.
Thereafter, it shall have its principal base in Macau. The Joint Liaison
Group shall continue its work until 1 January 2000.
Members, experts and supporting
staff of the Joint Liaison Group shall enjoy diplomatic privileges and
immunities or such privileges and immunities as are compatible with
their status.
The working and organisational
procedures of the Joint Liaison Group shall be agreed between the two
sides through consultations within the guidelines laid down in this
Annex. The work of the Joint Liaison Group shall remain confidential
unless otherwise agreed.
Sino-Portuguese Land Group
The two Governments have agreed
that, with effect from the entry into force of the Joint Declaration,
land leases in Macau and related matters shall be dealt with in
accordance with the following provisions:
Leases of land granted
previously by the Portuguese Macau Government that expire before 19
December 1999, except temporary leases and leases for special purposes,
may, in accordance with the relevant laws and regulations currently in
force, be extended for a period expiring not later than 19 December
2049, with a premium to be collected.
From the entry into force of
the Joint Declaration until 19 December 1999 and in accordance with the
relevant laws and regulations currently in force, new leases of land may
be granted by the Portuguese Macau Government for terms expiring not
later than 19 December 2049, with a premium to be collected.
The total amount of new land,
including fields reclaimed from the sea and undeveloped land to be
granted under section II, paragraph 1(b) of this Annex shall be limited
to 20 hectares a year. The Land group may, on the basis of the proposals
of the Portuguese Macau Government, examine any change in the
above-mentioned quota and make decisions accordingly.
From the entry into force of
the Joint Declaration until 19 December 1999, all incomes obtained by
the Portuguese Macau Government from granting new releases and renewing
leases shall, after deduction on the average cost of land production, be
share equally between the Portuguese Macau Government and the future
Government of the Macau Special Administrative Region. All the income so
obtained from land by the Portuguese Macau Government, including the
amount of the above mentioned deduction, shall be used for financial
landing development and public works in Macao. The Macau Special
Administrative Region Governments share of land income shall serve as a
reserve fund of the Government of the Macau Special Administrative
Region and shall be deposited in banks incorporated in Macao and, if
necessary, may be used by the Portuguese Macau Government for land
development and public works in Macau during the transitional period
with the endorsement of the Chinese side.
The Sino-Portuguese Land Group
shall be an organ for handling land leases in Macau and related matters
on behalf of the two Governments.
The functions of the Land Group
shall be
to conduct consultations on the
implementation of Section II of this Annex:
to monitor the amount and terms
of land granted, and division and use of income from land granted in
accordance with the provisions of Section II, paragraph 1 of this Annex;
to examine the proposals of the
Portuguese Macau Government for drawing on the Macau Special
Administrative Region Governments share of income from land and to make
recommendations to the Chinese side for decision.
Matters on which there is
disagreement in the Land Group shall be referred to the two Governments
for solution through consultations.
Each side shall designate three
members of the Land Group. Each side may also designate experts and
supporting staff as required, whose number shall be determined through
consultations.
Upon the entry into force of
the joint declaration, the Land Group shall be established and shall
have its principal base in Macau. The Land Group shall continue its work
until 19 December 1999.
Members, experts and supporting
staff of the Land Group shall enjoy diplomatic privileges and immunities
or other privileges and immunities as are compatible with their status.
The working and organisational
procedures of the Land group shall be agreed between the two sides
trough consultations, within laid down in this Annex.
MEMORANDA EXCHANGED BETWEEN THE
CHINESE AND PORTUGUESE SIDES
MEMORANDUM
In connection with the Joint
Declaration of the Government of the People's Republic of China and the
Government of the Republic of Portugal on the Question of Macau signed
this day, the Government of the People Republic of China declares:
The inhabitants in Macau who
come under provisions of the Nationality Law of People's Republic of
China, whether they are holders of the Portuguese travel or identity
documents or not, have Chinese citizenship. Taking account of the
historical background of Macau and its realities, the competent
authorities of the Government of the People's Republic of China will
permit Chinese nationals in Macau previously holding Portuguese travel
documents to continue to use these documents for travelling to other
states and regions after the establishment of the Macau Special
Administrative Region. The above-mentioned Chinese nationals will not be
entitled to Portuguese consular protection in the Macau Special
Administrative Region and other parts of the People's Republic of China.
Beijing, April 13, 1987.
MEMORANDUM
In connection with the Joint
Declaration of the Government of the Republic of Portugal and the
Government of the People's Republic of China on the Question of Macau
signed this day, the Government of the Republic of Portugal declares:
In conformity with the
Portuguese legislation, the inhabitants in Macau who, having Portuguese
citizenship, are holders of a Portuguese passport on 19 December 1999
may continue to use it after this date. No person may acquire Portuguese
citizenship as from 20 December 1999 by virtue of his or her connection
with Macau.
Beijing, April 13, 1987.
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