Commentary by Calvin Tinlop Chui*
The Macau Basic Law stems from the national policy of “One Country, Two Systems”. It is the national policy of China coming to fruition in the form of a legal instrument, enshrining the principles and values that are dear to the return of Macau to China.
The Basic Law was enacted in accordance with the Constitution. The relationship between the Constitution and the Basic Law is analogous to that of a parent and child, which together form the constitutional basis of Macau. The Constitution is the fundamental law of the country.
Together with the Constitution, the Basic Law serves as one of the two anchors, providing affirmation in times of certainty and clear direction in times of uncertainty. It is important to have a comprehensive and accurate understanding of both the Constitution and the Basic Law.
The legislative process for the Basic Law, including drafting and consultation, was completed in 1993, and much effort was put into ensuring that the principles and values were instilled in the articles and that both the Chinese and Portuguese versions conveyed the same message.
Time has shown us that the Basic Law, upheld by the Central People’s Government and the Macau Special Administrative Region Government, has withstood the test of practice, resonates with the community, and allows for opportunities to arise. The Law ensures Macau’s status as a free port, with policies of free trade and no foreign exchange controls, and the free movement of goods, intangible assets, and capital, providing the basis for a competitive economic environment.
Over the past decades, Macau has attained social stability and economic development, not without ups and downs. With age comes experience and strength, fuelled by the trust society as a whole places in it.
The successful implementation of the Basic Law has prepared Macau to take part in new developments. The construction of the Guangdong-Hong Kong-Macao Greater Bay Area and the Guangdong-Macao In-depth Cooperation Zone in Hengqin, which shall see the implementation of a new system of joint consultation, construction, management, and sharing between Guangdong and Macau, have given new impetus to Macau’s integration into the overall development of the country and the promotion of appropriate economic diversification.
Moving forward, the road is paved by those who came before us. Today we celebrate the 30th anniversary of the Promulgation of the Basic Law. We shall also be reminded to prepare ourselves to embrace challenges and opportunities, particularly in response to the country’s needs, to contribute to the development of “One Centre, One Platform, and One Base”, as well as the construction of the “Belt and Road”.
*Partner and lawyer (Macau & New York), LLB (Católica), LLM (Chicago), Rato Ling Lei & Cortes Lawyers and Notaries
Chui is a member of the Associação dos Embaixadores Juvenis para a Divulgação da Lei Básica de Macau
Undated file photo of Calvin Tinlop Chui – Photo provided yesterday by Chui
