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25 October 1999
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AFTERNOON
HR/CT/99/40
25 October 1999
PORTUGAL PRESENTS REPORT TO HUMAN RIGHTS COMMITTEE ON
CIVIL AND POLITICAL RIGHTS SITUATION IN MACAU
Continued protection of rights seen after it reverts to Chinese sovereignty
A representative of the Government of Portugal told the Human Rights Committee this afternoon that basic civil liberties would continue to be respected in the Special Administrative Region of Macau after sovereignty was reverted to the People's Republic of China.
The remark came as the Committee started its consideration of the fourth updated periodic report of Portugal on Macau. Introducing his country's report, Jorge Costa Oliveira, Coordinator of the Office for the Legislative Affairs of Macau, told the Committee that after sovereignty was reverted to the People's Republic of China with the transitional period starting 19 December 1999, it was hoped that much of the achievements would be conserved and the civil liberties of the inhabitants of Macau respected.
Following the presentation of the report and responses of the Portuguese delegation to written questions, Committee members put additional queries in which some Experts regretted that a special clause was not included in the Sino-Portuguese memorandum invoking a guarantee by China to perpetuate the application of the provisions of the existing laws and international treaties entered in by Portugal on behalf of Macau.
The delegation of Portugal also included Teododio Jacinto, the Deputy Prosecutor General; Luis Fillpe Faro Ramos, the Deputy Chief Permanent Representative of Liaison Group with China in Macau; Cheong Weng Chon, the Director of Services of Justice of Macau; Patricia Albuquerque Ferreira, the Deputy Coordinator of the Office for the Legislative Affairs of Macau; Tou Wai Fong, Assistant Director of the Cabinet of Legal Translation; Paulo Marrecas Ferreira, of the Office of the Prosecutor General of the Republic; Diamantino Jose dos Santos, the Secretary-General of the Office of the Security Coordinator; Paulo Cabral Taipa, from the Office for the Legislative Affairs of Macau; and Jose Julio Pereira Gomes, Deputy Permanent Representative of Portugal to the United Nations Office at Geneva.
Portugal, as one of 144 States parties to the International Covenant, must submit periodic reports to the Committee on the measures taken by the Government to comply with the terms of the treaty. Macau, a territory under Portuguese administration, lies on the south China coast around 65 kilometres to the west of Hong Kong, with an estimated population of 422,000.
When the Committee reconvenes at 10 a.m. on Tuesday, 26 October, it will continue its consideration of the fourth periodic report of Portugal on the Special Administrative Region of Macau.
Report of Portugal on Macau
The fourth periodic report of Portugal on the Special Administrative Region of Macau (document CCPR/C/POR/99/4) says that it was submitted in accordance with the request of the United Nations High Commissioner for Human Rights, updating information on each of the articles of the Covenant. The report says that a series of legislative and administrative measures have been taken in Macau since the last periodic report was updated.
The report says the increase in obviously illicit activities of secret associations or societies in early 1997 caused the Government to strengthen existing measures for combatting such organizations. The criminal regime governing secret societies was revoked by another law, which created an improved legal regime while a criminal instigation unit was set up by a decree. Thus, any person who promotes, founds or supports a secret society shall be punished with imprisonment lasting between 5 and 12 years. These sentences are more severe in the case of persons carrying out the duties of director or head at any level in a secret associations, criminal activities involving a civil servant, or involvement by minors.
Moreover, the report says that a law passed by the Assembly of the Portuguese Republic concerning freedom of religious belief, and extended to Macau by Administrative Ruling, was revoked by a law passed by the Macau Legislative Assembly that regulates freedom of religious belief and worship and of profession of faith in general. The principles of non-profession of faith and of separation are recognized under the law; and it states that the Territory of Macau does not profess any religious faith, and its relations with religious faiths are based on the principle of separation and neutrality. The law says that "the Territory of Macau does not interfere in the organization of religious faith or the exercise of their activities and worship and does not make any comments on religious issues".
The 14-page report further says that the Legislative Assembly of Macau has issued a law which regulates and safeguards the right of petition. This right allows citizens to participate in political life, and is enshrined as one of the rights, freedoms and safeguards in article 52 of the Constitution of the Portuguese Republic. Under the terms of the law, petitions are used in defending the rights of persons and the legal or other interest of members of the community, and it is a right of political participation.
Presentation of Report
JORGE COSTA OLIVEIRA, Coordinator of the Office for the Legislative Affairs of Macau, said that Portugal's present report on Macau was the last one before the start of the transitional period through which change of sovereignty would be affected. It was hoped that once sovereignty was reverted to the People's Republic of China with the transitional period starting 19 December 1999, much of the achievements would be conserved and the civil liberties of the inhabitants of Macau respected.
Mr. Costa Oliveira said that under Portugal's constitutional umbrella, guidelines and provisions of laws had been put in place in Macau designed to promote and protect human rights and civil liberties. In 1991, talk had been opened between the authorities of Portugal and the Republic of China concerning the continuity of civil liberties and other basic rights. He recalled that a huge construction of legislation had been undertaken by Portugal in the past which enabled the region to exercises its own judicial system.
On international level, Portugal had implemented about 85 treaties in Macau, making that region part of the international community, Mr. Costa Oliveira said. The amount of work done in the construction of legislation was also immense, he added. He hoped that the same status applied to Hong Kong, concerning the continuity of law and other basic rights, would also be applied to Macau once power was reverted to the Peoples's Republic of China.
Mr. Costa Oliveira said that China had also promised that the protection of civil liberties in Macau would not be inferior to that of Hong Kong. In addition, China had promised that the provisions of the Covenant and other conventions would continue to be implemented in Macau. Further talks had also continued between Portugal and the Republic of China on the future of the region, and it was hoped that the transition period would take place smoothly.
Discussion of Report on Macau
Responding to written questions prepared by Committee Experts in advance, the members of the Portuguese delegation said that there were no arrangements in place concerning the submission of reports under article 40 of the Covenant by the Peoples's Republic of China for the Special Administrative Region of Macau after 19 December 1999. The Basic Law on Macau stipulated that the provisions of the Covenant would continue in force.
Before 1991, the Special Administrative Region of Macau was considered a subdivision of the Portuguese judicial system, the delegation said. Following a 1991 interim reform, a court of appeals was established in Macau. A law had also been enacted approving the Statute of the Magistrates of Macau's Courts, the statute of members of the Macau High Council of Justice and the Macau Judiciary Council and their organic structure.
On equality of rights for men and women, and non-discrimination, the delegation said that progress had been made in combatting the traffic in and the sexual exploitation of women. Foreign women from other Asian countries, particularly Vietnamese women, were brought into the region for prostitution, which was severely repressed by the Government. Regarding violence against women, the delegation said that in 1997 there had been 18 cases of rape reported by police.
In the Sino-Portuguese agreement of understanding, it was underlined that persons holding Portuguese passports should freely be travelling abroad without any hindrance whatsoever. Although China did not recognize the principle of dual nationality under its territory, it agreed that the law allowing entry into and departure from Macau for persons with passports was guaranteed under the terms of the agreement.
Following the presentation of the report and responses of the Portuguese delegation to written questions, Committee members put additional queries in which, among other things, some Experts regretted that a special clause was not included in the Sino-Portuguese memorandum concerning a guarantee by China on the continuity of the application of the provisions of the International Covenant on Civil and Political Rights and other international instruments which Portugal used to implement.
Responding to some of the oral questions raised by Committee Experts, the members of the Portuguese delegation said the fact Macau was qualified as territory under the Chinese sovereignty did not mean a mixture of jurisdiction or a reduction of its status. Portugal had no future possibility to oversee the implementation of international treaties once sovereignty was handed over to China. Nevertheless, during the transitional period, Macau would uphold the status it had during the Portuguese administration.
HR/CT/99/40
25 October 1999
PORTUGAL PRESENTS REPORT TO HUMAN RIGHTS COMMITTEE ON
CIVIL AND POLITICAL RIGHTS SITUATION IN MACAU
Continued protection of rights seen after it reverts to Chinese sovereignty
A representative of the Government of Portugal told the Human Rights Committee this afternoon that basic civil liberties would continue to be respected in the Special Administrative Region of Macau after sovereignty was reverted to the People's Republic of China.
The remark came as the Committee started its consideration of the fourth updated periodic report of Portugal on Macau. Introducing his country's report, Jorge Costa Oliveira, Coordinator of the Office for the Legislative Affairs of Macau, told the Committee that after sovereignty was reverted to the People's Republic of China with the transitional period starting 19 December 1999, it was hoped that much of the achievements would be conserved and the civil liberties of the inhabitants of Macau respected.
Following the presentation of the report and responses of the Portuguese delegation to written questions, Committee members put additional queries in which some Experts regretted that a special clause was not included in the Sino-Portuguese memorandum invoking a guarantee by China to perpetuate the application of the provisions of the existing laws and international treaties entered in by Portugal on behalf of Macau.
The delegation of Portugal also included Teododio Jacinto, the Deputy Prosecutor General; Luis Fillpe Faro Ramos, the Deputy Chief Permanent Representative of Liaison Group with China in Macau; Cheong Weng Chon, the Director of Services of Justice of Macau; Patricia Albuquerque Ferreira, the Deputy Coordinator of the Office for the Legislative Affairs of Macau; Tou Wai Fong, Assistant Director of the Cabinet of Legal Translation; Paulo Marrecas Ferreira, of the Office of the Prosecutor General of the Republic; Diamantino Jose dos Santos, the Secretary-General of the Office of the Security Coordinator; Paulo Cabral Taipa, from the Office for the Legislative Affairs of Macau; and Jose Julio Pereira Gomes, Deputy Permanent Representative of Portugal to the United Nations Office at Geneva.
Portugal, as one of 144 States parties to the International Covenant, must submit periodic reports to the Committee on the measures taken by the Government to comply with the terms of the treaty. Macau, a territory under Portuguese administration, lies on the south China coast around 65 kilometres to the west of Hong Kong, with an estimated population of 422,000.
When the Committee reconvenes at 10 a.m. on Tuesday, 26 October, it will continue its consideration of the fourth periodic report of Portugal on the Special Administrative Region of Macau.
Report of Portugal on Macau
The fourth periodic report of Portugal on the Special Administrative Region of Macau (document CCPR/C/POR/99/4) says that it was submitted in accordance with the request of the United Nations High Commissioner for Human Rights, updating information on each of the articles of the Covenant. The report says that a series of legislative and administrative measures have been taken in Macau since the last periodic report was updated.
The report says the increase in obviously illicit activities of secret associations or societies in early 1997 caused the Government to strengthen existing measures for combatting such organizations. The criminal regime governing secret societies was revoked by another law, which created an improved legal regime while a criminal instigation unit was set up by a decree. Thus, any person who promotes, founds or supports a secret society shall be punished with imprisonment lasting between 5 and 12 years. These sentences are more severe in the case of persons carrying out the duties of director or head at any level in a secret associations, criminal activities involving a civil servant, or involvement by minors.
Moreover, the report says that a law passed by the Assembly of the Portuguese Republic concerning freedom of religious belief, and extended to Macau by Administrative Ruling, was revoked by a law passed by the Macau Legislative Assembly that regulates freedom of religious belief and worship and of profession of faith in general. The principles of non-profession of faith and of separation are recognized under the law; and it states that the Territory of Macau does not profess any religious faith, and its relations with religious faiths are based on the principle of separation and neutrality. The law says that "the Territory of Macau does not interfere in the organization of religious faith or the exercise of their activities and worship and does not make any comments on religious issues".
The 14-page report further says that the Legislative Assembly of Macau has issued a law which regulates and safeguards the right of petition. This right allows citizens to participate in political life, and is enshrined as one of the rights, freedoms and safeguards in article 52 of the Constitution of the Portuguese Republic. Under the terms of the law, petitions are used in defending the rights of persons and the legal or other interest of members of the community, and it is a right of political participation.
Presentation of Report
JORGE COSTA OLIVEIRA, Coordinator of the Office for the Legislative Affairs of Macau, said that Portugal's present report on Macau was the last one before the start of the transitional period through which change of sovereignty would be affected. It was hoped that once sovereignty was reverted to the People's Republic of China with the transitional period starting 19 December 1999, much of the achievements would be conserved and the civil liberties of the inhabitants of Macau respected.
Mr. Costa Oliveira said that under Portugal's constitutional umbrella, guidelines and provisions of laws had been put in place in Macau designed to promote and protect human rights and civil liberties. In 1991, talk had been opened between the authorities of Portugal and the Republic of China concerning the continuity of civil liberties and other basic rights. He recalled that a huge construction of legislation had been undertaken by Portugal in the past which enabled the region to exercises its own judicial system.
On international level, Portugal had implemented about 85 treaties in Macau, making that region part of the international community, Mr. Costa Oliveira said. The amount of work done in the construction of legislation was also immense, he added. He hoped that the same status applied to Hong Kong, concerning the continuity of law and other basic rights, would also be applied to Macau once power was reverted to the Peoples's Republic of China.
Mr. Costa Oliveira said that China had also promised that the protection of civil liberties in Macau would not be inferior to that of Hong Kong. In addition, China had promised that the provisions of the Covenant and other conventions would continue to be implemented in Macau. Further talks had also continued between Portugal and the Republic of China on the future of the region, and it was hoped that the transition period would take place smoothly.
Discussion of Report on Macau
Responding to written questions prepared by Committee Experts in advance, the members of the Portuguese delegation said that there were no arrangements in place concerning the submission of reports under article 40 of the Covenant by the Peoples's Republic of China for the Special Administrative Region of Macau after 19 December 1999. The Basic Law on Macau stipulated that the provisions of the Covenant would continue in force.
Before 1991, the Special Administrative Region of Macau was considered a subdivision of the Portuguese judicial system, the delegation said. Following a 1991 interim reform, a court of appeals was established in Macau. A law had also been enacted approving the Statute of the Magistrates of Macau's Courts, the statute of members of the Macau High Council of Justice and the Macau Judiciary Council and their organic structure.
On equality of rights for men and women, and non-discrimination, the delegation said that progress had been made in combatting the traffic in and the sexual exploitation of women. Foreign women from other Asian countries, particularly Vietnamese women, were brought into the region for prostitution, which was severely repressed by the Government. Regarding violence against women, the delegation said that in 1997 there had been 18 cases of rape reported by police.
In the Sino-Portuguese agreement of understanding, it was underlined that persons holding Portuguese passports should freely be travelling abroad without any hindrance whatsoever. Although China did not recognize the principle of dual nationality under its territory, it agreed that the law allowing entry into and departure from Macau for persons with passports was guaranteed under the terms of the agreement.
Following the presentation of the report and responses of the Portuguese delegation to written questions, Committee members put additional queries in which, among other things, some Experts regretted that a special clause was not included in the Sino-Portuguese memorandum concerning a guarantee by China on the continuity of the application of the provisions of the International Covenant on Civil and Political Rights and other international instruments which Portugal used to implement.
Responding to some of the oral questions raised by Committee Experts, the members of the Portuguese delegation said the fact Macau was qualified as territory under the Chinese sovereignty did not mean a mixture of jurisdiction or a reduction of its status. Portugal had no future possibility to oversee the implementation of international treaties once sovereignty was handed over to China. Nevertheless, during the transitional period, Macau would uphold the status it had during the Portuguese administration.