Fundamental political and constitutional norms: Hong Kong and Macau compared

Abstract

On 20 December 2009, President Hu Jintao praised Macau for its successful implementation of the One Country Two Systems model. This was interpreted by some as drawing an implicit comparison between Hong Kong and Macau with Beijing favouring the latter’s interpretation and implementation of One Country Two Systems. This article evaluates the core values and autonomy entrenched within Hong Kong during British colonial rule and Macau during Portuguese colonial rule and ascertains the extent to which these factors have shaped the different modes of constitutional development in Hong Kong and Macau post-Handover. The author argues that the One Country Two Systems framework, with its emphasis on a ‘high degree of autonomy’ and ‘life shall remain unchanged’, means that any contemporary comparisons drawn between Hong Kong and Macau must take into account the unique (and very different) political and constitutional norms left behind by their respective colonial masters. The author argues that a more balanced view must be taken and that constitutional issues must also be viewed in light of norms established by the colonial rule of the past.