CROSSROADS OF THE WORLD, CROSSROADS OF THE LAW: HONG KONG AND MACAU LEGAL SYSTEMS APPROACHING 20 YEARS POST-TRANSITION

Abstract

2017 and 2019 will be the years of the 20^th anniversaries of the, respectively, Hong Kong and Macau’s transitions. As these commemorations are coming closer, the author of this article analyses the legal systems of the two China’s Special Administrative Regions. He looks at them from the viewpoint of what are sometimes called ‘the last great acts of History in the 20^th century’ (the transitions), and in the perspective of collective memory of the times of colonialism, and first post-transition years. In the introductory part of the article, M. M. Sadowski investigates the fascinating history behind the unique legal systems of the two Europe’s entrepôts in Asia, describing how the power over the two cities was granted to Portugal and Great Britain, how the local laws had gradually been eradicated, and laws of colonial empires implemented instead. The second part of this essay is devoted to the current shape of Hong Kong and Macau’s legal systems, which are, interestingly, at the same time different — Macau’s belongs to the civil, and Hong Kong’s to the common law family — and similar — at their cores lie two alike Joint Declarations. The author first analyses, then compares these two systems, remarking upon their exceptional form (the unique scope of independence granted to the two cities), noting at the same time how their laws were never shaped by the will of citizens, but first by colonial powers, and ultimately during the Sino-British and Sino-Portuguese negotiations. He also reflects on the changes that have been introduced in law since the transition of power over Hong Kong and Macau, and tries to predict what the future will bring to their legal frameworks, and what will be left from their colonial past in terms of law.  In the third part of the article, M. M. Sadowski looks into the politics, society, and collective memories in Hong Kong and Macau, showing how they are interconnected, together ultimately shaping the two cities’ present.