The remarkable return of Hong Kong was completed on 1 July, 19971,and the return of Macao will be realized on1February 20th, 1999 +65438+65438. The humiliation of colonialism suffered by the Chinese nation in modern times will be thoroughly washed away in this century. Hong Kong and Macao are "historical issues" between China and Britain and between China and Portugal. This paper intends to make a preliminary comparative study on the similarities and differences between the "Macao model" and the "Hong Kong model" of "one country, two systems", which are widely concerned by academic circles and all walks of life, in order to teach others something.

one

The nature of the Hong Kong issue and the Macao issue is the same. They are all problems that western powers invaded China's territory by force and power and by unequal treaties, seriously undermining China's unity, sovereignty and territorial integrity, and seriously damaging the interests, dignity and feelings of the Chinese nation. They are all colonial humiliation suffered by the Chinese nation in an era of poverty and weakness, in an era of no autonomy, and in an era of not "standing up" and being bullied. In this respect, there is no difference between them. However, as "historical issues" between China and Britain and between China and Portugal, the causes and formation processes of the Hong Kong and Macao issues are obviously diverse.

The geographical location of Hong Kong and Macao is very important. Hong Kong consists of Hong Kong Island, South Kowloon and the New Territories, covering an area of over 65,438+0,000 square kilometers. It faces Shenzhen (formerly Xin 'an County) across the Shenzhen River. Macao consists of Macao Peninsula, Taipa Island and Coloane Island, covering an area of nearly 20 square kilometers. The land is adjacent to Zhuhai City (formerly Xiangshan County) by "Guanzha". Both Hongkong and Macau are located in the South China Sea coast of China, across the east and west sides of the Pearl River Estuary, which is the key point for the Pearl River Delta to enter the sea. Since ancient times, Hongkong and Macau have been the gateway of foreign traffic and foreign trade in southern China. In addition, Hong Kong and Macao are also the traffic arteries on the west coast of the Pacific Ocean, and they are the only places and transit points of sea lanes between Europe, Africa and Australia, America, South Asia, East Asia and Southeast Asia. Therefore, as early as the16th century, Hong Kong and Macao began to look for markets for raw materials, labor and industrial products for the East, and looked for so-called "normal" political and economic relations in addition to the traditional "tribute" relationship between China and the West.

British colonialists occupied Hong Kong through naked military conquest, and used unequal treaties as the cloak of so-called "legalization" and "civilization" to cover up their piracy. From 1837 to 18465438 to 1, the fictional "Chuanbi Cao Yue" openly occupied Hong Kong Island. From 1842' s treaty of nanking to 1860' s South Kowloon, and then to 1860' s Special Article on Expanding the Hong Kong Border, the "New Territories" were forcibly "leased". And through the unilateral so-called Hong Kong Charter, Royal Decree of Kowloon, Royal Decree of New Territories, Royal Decree of Kowloon Castle, Royal Instructions, the British government's colonial rule order over Hong Kong was established.

The historical process of Portuguese colonists' occupation of Macao is much more complicated, tortuous and long than that of British colonists' occupation of Hong Kong. Different from the situation that the British always unilaterally insisted on sovereignty and power over Hong Kong in accordance with the "principles" and "laws" of the unequal treaties in Hong Kong, although the Portuguese also established a colonial rule order in Macao, the prerequisite is to recognize Macao as the territory of China, and it is the "highest and last power" of the China government over Macao in sovereignty. In other words, Macao's sovereignty and governance have been separated for a long time. /kloc-since 0/535, Guangdong, the Ming government, directed Huang Qing to accept bribes from Portuguese colonists, "please go to the customs", and moved the Trade Promotion Agency to Macau, making Macau a "place where China and foreign countries exchange markets". 1553- 1557, Wang Bai, the deputy envoy of the Ming government to Guangdong Sea Road, accepted bribes from Portuguese colonists, and agreed to the demands of Portuguese colonists on the pretext of "boating against the wind and breaking the waves" and "temporarily borrowing (Macau) to bask in the sun", reaching1857. During this three-century historical period, what Portuguese colonists got from the China government in Macau was only the traditional power to treat foreigners in China and the traditional power to treat Portuguese living in remote areas. The sovereignty and power of the China government over Macao is comprehensive, complete and worthy of the name. From 65438 to 1970s, according to the guiding ideology of "building a city by officials and governing the city by counties", the China government set up a city gate in the Lotus Stem Center, the throat of land transportation between Xiangshan County and Macao, and designated Macao as a special zone for special management. From "guarding the Australian officials", "mobilizing the Japanese pirates and patrolling the administrative offices" to Xiangshan County, knowing each other's coastal defense with the Macao military and civilians, from Yongmo Camp to Qianshanzhai Camp, from the Maritime Prohibition Law to the Regulations on the Rehabilitation of the Australian and Foreign Residents, from the annual business tax of 22,000 silver to the annual rent of 520 silver. The China government has also set up a "Legislative Yuan" in Macao as a formal place to give orders to Portuguese people living in Macao. Although the Portuguese colonists in Macau are always arrogant and violate the law and discipline, they have to express their obedience to the "control of Huairou" by the China government, and have to admit the sovereignty and governance of Macau by the China government, calling themselves "the courtiers of the Chinese emperor". In addition, since the17th century, with the decline of Portugal's maritime hegemony in the East, the emerging western capitalist powers, Spain, the Netherlands and Britain, covet the special position of Portuguese colonists in monopolizing China's foreign trade and frequently invade Macao. The Portuguese colonists in Macau had to turn to the China government for help in an emergency. Finally, under the strong protection of the China government, the Portuguese colonists in Macau saved the day again and again, which fully reflected the absolute commitment of the China government to Macau.

1849, the Portuguese governor of Macao, Amalio, refused to continue to pay business tax and land rent to the China government, expelled China government officers and soldiers from Macao, and destroyed a stone tablet engraved with China's Law on the Treatment of Foreigners in Macao in the "Chamber". Portuguese colonists took advantage of the overall decline of the Qing Dynasty after the First Opium War, ruled out the absolute sovereignty of the China government over Macao, and seized the administrative, military, judicial and financial power of Macao. 185 1, 1864, Portuguese colonists extended their colonial rule to Taipa Island and Coloane Island. Since then, Portuguese colonists began to seek so-called "legal protection" for the "fait accompli" of their occupation of Macao, oppressed the Qing government to sign unequal treaties and recognized its "special status" in Macao colonial rule. After 1862- 1864 attempted to forcibly sign an unequal treaty that separated Macao from the effective jurisdiction of China, Portuguese colonists finally seized the opportunity of the Qing government to implement "tax reduction" in1886-0/888, and needed it to cooperate with Macao opium smuggling to achieve the purpose of signing the treaty. 1887 On March 26th, James Duncan Campbell, the representative of the Qing government, and Luo Gome, the representative of the Portuguese government, initialled the draft Convention on the China-Portugal Conference in Gosbourne. 1838+0 On February 6, 2008, Sun Yuwen, a representative of the Qing government, and Rosa, a representative of the Portuguese government, formally signed the Sino-Portuguese Treaty of Reconciliation and Trade. On April 6, 2008, 1888, this unequal treaty stipulated "the status of Macao" as follows: "China will resolutely allow Portugal to stay in Macao and the land belonging to Australia forever, just as Portugal will rule other countries. Ratification will be confirmed by Portugal. Without the consent of China, Portugal will never cede Macao to other countries. " On this basis, Portuguese colonists obtained the special status and power of "permanent management" in Macao, and their colonial rule in Macao began to enjoy the "legal protection" of so-called international treaties. However, what needs to be clarified here is the status of Macao as stipulated in the Sino-Portuguese Treaty of Reconciliation and Trade and the status of Hong Kong Island as stipulated in the Sino-British treaty of nanking Treaty and the Sino-British Beijing Treaty. This is "permanent management" rather than "cession". At that time, the Portuguese Foreign Minister made it clear that "we have never indicated, nor intend to indicate, that this is a ceded territory", and neither party to the Sino-Portuguese Treaty of Reconciliation and Trade denied Macao's inherent territorial status in China. Although before and after this, the Portuguese government in the monarchical period and the Republic of China unilaterally listed Macao as an "overseas colony" or an "overseas province" in its Constitution and Basic Law for many times, as an integral part of Portuguese territory, after the 1974 "April 25th" revolution, the new Portuguese government renounced colonialism and officially recognized that Macao was not a colony, but,/kloc-0. This principled position has become the premise and knowledge base for the Chinese and Portuguese governments to successfully solve the "historical problems" through just nine months and only four rounds of diplomatic negotiations. This is in sharp contrast to the British government's unilateral insistence that the three unequal treaties are "valid" and that Hong Kong is Britain's "ceded land" and "leased land", which has delayed the diplomatic negotiations between China and Britain for two years and 22 rounds. Similarly, based on the different historical background between the Macao issue and the Hong Kong issue, the theme of1988-1999 "12 year transition period" is Sino-Portuguese cooperation, while1985-1997 "1.

two

From 156 in Hong Kong to 446 in Macau, the British established a colonial rule order there and transplanted the politics, economy and culture of the suzerain country to the local society. However, due to the different purposes and ways of British colonial rule in Hong Kong and Portuguese colonial rule in Macao, their differences in local political, economic and social development are very obvious.

Although Britain's colonial rule in Hong Kong has experienced the old colonial era, the new colonial era and the "decolonization" era, its basic political structure and operating procedures have remained stable and have not changed fundamentally. From 1843, the first British governor, Patten, to 1997, the last British governor, Patten, was basically a "pyramid" political model of British colonial rule characterized by governor-governor dictatorship and "executive-led".

The main purpose of British occupation of Hong Kong is not predatory colonization in the traditional sense, but to develop and operate it as a beachhead for British goods and British capital to enter the eastern market and China market, and to develop and operate it as a window, bridge and international channel for Britain and the western capitalist world to have economic ties with Asia and China. Therefore, as soon as the British landed in Hong Kong, they declared Hong Kong a "free port" and always pursued a free economy. After a slow and unified development with entrepot trade as a single economic structure in the 1940s and 1940s, Hong Kong's economy entered a period of rapid and accelerated development of industrialization, diversification and internationalization in the 1980s and 1990s. In just 50 years, Hong Kong's economy has undergone a transformation from a traditional commercial center and a single entrepot trade economic structure to a new industrial center and a diversified and compound international economic center, and from a modern economic form to a modern economic form.

Compared with the relatively stable political structure and operating procedures of the British during the colonial rule in Hong Kong, the political system of the Portuguese during the colonial rule in Macao was always changing. From Martens, the first commander (governor) in 1557 to Wei Qili, the last governor in 1999, the political development of Macao can be roughly divided into: from the 1960s in 16 to the 40s in 19, the commander (governor) who was loyal to the China government and the Aya Portuguese-Indian colonial government. From 65438+1940s to1970s, the so-called "colonial" period, in which the governor and parliament directly responsible for Lisbon were the main bodies of political structure and operational procedures, was divorced from the effective jurisdiction of the China government; From 1970s to 1990s, the so-called "separation of powers" and "Portuguese administration of China territory" were characterized by the Portuguese president, parliament, government representatives, governor and legislative committee.

Compared with Portugal under the colonial rule of Macao and Britain under the colonial rule of Hong Kong, the social and economic development is undoubtedly slow and backward.

Portuguese colonists occupied Macau in order to establish a "bridgehead" for economic ties with the East and China. Although the British colonists occupied Hong Kong in order to establish a "bridgehead" for economic ties with the East and China, the Portuguese in the16th century were motivated by the expansion of commercial civilization, just for the exchange of goods, while the British in the18th century were motivated by the expansion of industrial civilization. After the opening of Macao, entrepot trade is the starting point of economic development. From the middle of16th century to the middle of17th century, the Portuguese monopolized almost all the foreign trade of China. Macao has become the transportation center of the golden route between Lisbon, Goa, Guangzhou, Manila and Changqi, and the most important and prosperous international trade port on the west coast of the Pacific Ocean. However, since the second half of the17th century, the Portuguese monopoly on the eastern entrepot trade has been seriously challenged, and Macao's economy has begun to decline. Especially after the Opium War, with the opening of Hong Kong's ports and trade with five ports, the maritime industry entered the era of ships from the sailing age, lost its monopoly position and was devastated by the entrepot trade of Macao without deep-water ports, and never prospered again. In this case, in order to survive, Macao's economy has embarked on the abnormal development path of relying on special industries to hide evil and shelter evil, false prosperity: from the earliest opium smuggling center and coolie trade center to the combination of pornography, drugs and gambling, and finally to "Monte Carlo in the East" and "Monaco in the East". Although, over the past half century, especially since the 1960s, Macao's economic structure has been greatly adjusted, its economic level has been rapidly improved, and remarkable achievements have been made in industrialization, modernization and diversification. Export-oriented manufacturing, in particular, has developed from traditional gun casting, shipbuilding, incense, firecrackers and matches to modern emerging industries such as clothing, textiles, toys, plastics and electronics, and has become the largest industry in Macao's economy. Export processing, banking and insurance, real estate construction and tourism and gambling are also called the four pillars of Macao's economy. Macao society has gradually changed from a single consumer city that relies entirely on characteristic industries to a modern industrial and commercial city and a tourist and cultural city with reasonable economic structure. However, the special position and role of the gaming industry in Macao's economy have not changed at all. On the contrary, it has been continuously strengthened and become the most "characteristic" part of Macao's economy. This phenomenon is the result of the economic and historical evolution of Macao for hundreds of years, which has its rationality and inevitability. In the short term, including before and after the return of 1999, it is unnecessary and impossible to change. Instead, we should let nature take its course and adjust its relatively "healthy" development.

The history of political and economic development of Hong Kong and Macao before 1997 and 1999' s reunification proves that the special status and value of Hong Kong and Macao are their economic roles and functions, not their political roles and functions. Political development obeys and serves economic development, and political stability obeys and serves economic prosperity. The Sino-British Joint Declaration, the Sino-Portuguese Joint Declaration and the Basic Laws of Hong Kong and Macao stipulate that the social system and economic system will remain unchanged. The political and economic development of the Hong Kong Special Administrative Region and the Macao Special Administrative Region must also follow the general idea of "respecting history and reality"-including the "great differences" in the political and economic development of Hong Kong and Macao.

three

Although the causes and historical background of the formation of the Hong Kong and Macao issues are very different, and the historical background of the social, political and economic development of Hong Kong and Macao is also very different, their political status and nature are exactly the same. Western powers invaded China's territory through force and power and unequal treaties, which was a colonial shame suffered by the Chinese nation in the era of poverty and weakness. Therefore, successive China governments after the Revolution of 1911, including the Beiyang warlord regime represented by Yuan Shikai and the Kuomintang regime represented by Chiang Kai-shek, dare not openly or secretly "inherit" this diplomatic "legacy" of humiliating the country. Since the second decade of this century, the China government has negotiated with the British and Portuguese governments for many times in an attempt to realize the "return of Hong Kong" and "return of Macao" at the "tilted negotiating table". Especially after World War I and World War II, the China administration fantasized about enjoying the "peace dividend" as a "victorious country" several times, and advocated "abolishing all unequal treaties" and "treating me equally" to western powers, but all failed.

1949 after the establishment of People's Republic of China (PRC), its main purpose was to break the all-round blockade of new China by the western capitalist camp led by the United States, preserve Hong Kong and Macao, the traditional "windows, bridges and international passages" with economic ties with the outside world, and create a peaceful international environment for the socialist construction of new China. As well as the consideration of the "easy" (the internal issue of Taiwan Province Province) and "difficult" (the diplomatic issues of Hong Kong and Macao) for the reunification of new China. 1978 Before the reform and opening up, the "historical issues" between China and Britain-the Hong Kong issue and the Macao issue were "temporarily kept" and "temporarily maintained". After the reform and opening up, the second generation of collective leadership in China, represented by Deng Xiaoping, assessed the situation and put forward the scientific concept of "one country, two systems". After the scientific concept of "one country, two systems" failed to make due substantive progress on the preset first goal of Taiwan Province Province, the peaceful reunification project of new China was officially launched.

The diplomatic negotiations between the Chinese and British governments on the Hong Kong issue and the Chinese and Portuguese governments on the Macao issue are basically based on Deng Xiaoping's scientific concept of "one country, two systems", namely, the unification of "resuming the exercise of sovereignty and maintaining stability and prosperity" and the unification of "eliminating colonialism and maintaining capitalism". The precondition of negotiation is that "sovereignty cannot be negotiated". The China government must recover Hong Kong and resume the exercise of sovereignty over Macao in 1997 and 1999. Only on the basis of reaching a consensus on this issue can we say what to do after 1997 Hong Kong and 1999 Macao return. Deng Xiaoping's specific ideas of "maintaining stability and prosperity" and "maintaining capitalism" in Hong Kong and Macao are: establishing a special administrative region directly under the Central People's Government with a high degree of autonomy, that is, executive power, legislative power, independent judicial power and final adjudication power; The current social and economic system remains unchanged, the lifestyle remains unchanged, and the laws remain basically unchanged; The government of the special administrative region is composed of local people, and the government of the special administrative region is responsible for social security; The Special Administrative Region will maintain the status of a free port and an independent customs territory, maintain financial independence and not pay taxes to the Central People's Government. As the legal tender of the Special Administrative Region, the Hong Kong dollar and the Australian dollar will continue to circulate and be freely convertible. Take care of the economic interests of Britain in Hong Kong and Portugal in Macao; The Special Administrative Region may independently maintain and develop economic and cultural relations with countries, regions and relevant international organizations in the name of "China and Hong Kong" and "China and Macao". In addition to hanging the national flag and emblem of the people of China, you can also use the regional flag and emblem. Besides Chinese, you can also use English and Portuguese. Because the "history and reality" of the political, economic, cultural and social development of Hong Kong and Macao were different during the British colonial rule of Hong Kong and the Portuguese colonial rule of Macao, the specific differences, such as that Hong Kong belongs to the common law system and mainly applies the customary law, while Macao belongs to the civil law system and mainly applies the written law, are also due to the different understandings of Hong Kong and its "political status" between China and Britain and the different understandings of Macao and its "political status" between China and Portugal. The differences in principle are as follows: Britain insists that the three unequal treaties of "permanent change" or "gradual change" of Hong Kong's sovereignty and political power are valid, while Portugal recognizes that "Macau is the territory of China administered by Portugal". Therefore, there are obvious differences in difficulty, complexity and speed between Sino-British negotiations and Sino-Portuguese negotiations, which are also aimed at implementing Deng Xiaoping's scientific concept of "one country, two systems": Sino-British negotiations are marathon. Before the formal talks, the British side had the issues of "sovereignty for governance" and "tripartite talks". During the formal talks, the British side also created a "garrison storm" and trouble finding the Sino-British Joint Liaison Group. Finally, Deng Xiaoping's "ultimatum" that "if the Sino-British talks fail, the China government will unilaterally announce its decision to recover Hong Kong and will be forced to consider changing the way and time to recover Hong Kong" broke the deadlock. The Sino-Portuguese negotiation is a quick decision, except that China and Portugal once held their own words on the handover time of Macao (one said "this century" and the other said "cross-century"), and then they quickly converged through "emergency consultation" (199965438+February 20th), which is basically a stable and peaceful event. In addition, although the Sino-British Joint Declaration and the Sino-Portuguese Joint Declaration reflect the general spirit, principle, basic structure and main provisions of Deng Xiaoping's scientific concept of "one country, two systems", they are different in content and form, and each has its own emphasis. For example, the Sino-British Joint Declaration adopted the methods announced by the two sides on 1 June 65438+July 19971day and1February 20, 1999, respectively, concerning China's resumption of the exercise of sovereignty over Hong Kong and Macao (the people of China and the government of China stated that the recovery of Hong Kong is the common aspiration of all China people). The British government stated that it returned Hong Kong to the people of China on 1 July, 19971day, with different positions. On the other hand, the Sino-Portuguese Joint Declaration was jointly announced by both sides (People's Republic of China (PRC) and the Portuguese People's Republic declared that Macao is the territory of China, and People's Republic of China (PRC) will resume the exercise of sovereignty over Macao on199965438+February 20th), and their positions are consistent. For example, the Sino-British Joint Declaration separately stipulates the special position and significance of "international financial center" in Hong Kong's economic development: "The Hong Kong Special Administrative Region will maintain its status as an international financial center, continue to open markets such as foreign exchange, gold, securities and futures, and allow funds to flow in and out freely"; On the other hand, the Sino-Portuguese Joint Declaration stipulates separately that "the Macao Special Administrative Region shall, on its own, formulate policies on culture, education, science and technology and protect Macao's cultural relics according to law." For example, in the Sino-British Joint Declaration, the basic principles and policies of the governments of People's Republic of China (PRC) and China towards Hong Kong, the Sino-British Joint Liaison Group and the land contract were elaborated in three annexes. On the other hand, the Sino-Portuguese Joint Declaration uses two annexes to explain the basic policies of the people of China and the government of China towards Macao and the arrangements for the transition period, and merges two projects, namely the Sino-Portuguese Joint Liaison Group and the Sino-Portuguese Land Group.

four

The drafting and formulation of the Hong Kong Basic Law and the Macao Basic Law is an important task of the China government in the "twelve-year transition period" between Hong Kong and Macao.

Since 1999 Macao Special Administrative Region established after the return of Macao and 1997 Hong Kong Special Administrative Region established after the return of Hong Kong are identical in nature and political status, both of which embody the scientific concept of "one country, two systems", the Basic Law of Macao promulgated by 1993 is/kloc-0 in content, form, basic structure and main clauses. They have maintained a high degree of consistency (the two Basic Laws consist of a preface and nine chapters, three annexes and four decisions of the National People's Congress), but the Basic Law of Macao is not a simple copy of the Basic Law of Hong Kong, but fully reflects Macao's characteristics according to Macao's situation. Comparing the two Basic Laws, regardless of similarities, the differences mainly include:

1. About "order". The Macao Basic Law gives an enumerated description of the administrative regions of the Macao Special Administrative Region, that is, "including the Macao Peninsula, Taipa Island and Coloane Island", while the Hong Kong Basic Law does not give an enumerated description of the administrative regions of the Hong Kong Special Administrative Region because of the controversial term "New Territories".

2. Part about "general rules". The Macao Basic Law affirms that "the land and natural resources of the Macao Special Administrative Region belong to the state, except private land legally recognized before the establishment of the Macao Special Administrative Region", while the Hong Kong Basic Law has no special treatment on the provision that "land and natural resources belong to the state".

3. "The relationship between the Central Government and the Special Administrative Region". The Macao Basic Law has no clear stipulation on garrison, but it has the flexibility of "garrison" and "no garrison", while the Hong Kong Basic Law not only stipulates in principle that "the Central People's Government is responsible for the defense of the Hong Kong Special Administrative Region", but also specifically stipulates that "the troops of the Central People's Government stationed in the Hong Kong Special Administrative Region for defense shall not interfere in the local affairs of the Hong Kong Special Administrative Region. The Hong Kong Special Administrative Region may, when necessary, ask the Central People's Government for assistance from the garrison in maintaining public order and rescuing disasters, and the garrison personnel shall abide by national standards. The military expenses of the garrison shall be borne by the Central People's Government. " There is no room for manoeuvre on the issue of garrison.