Sino-Portuguese Treaty of Peking

Last updated

Sino-Portuguese Treaty of Peking
Treaty of Friendship and Commerce between Portugal and China
Treaty of Peking1887.jpg
Signed1 December 1887
Location Beijing (Peking), China
Effective28 April 1888
ConditionExchange of ratifications
Signatories
  • Flag Portugal (1830).svg Tomas de Sousa Rosa
  • Flag of China (1862-1889).svg Yikuang
  • Flag of China (1862-1889).svg Sun Iu-uen
Parties
LanguagesPortuguese and Chinese
Sino-Portuguese Treaty of Peking
Chinese name
Traditional Chinese 中葡和好通商條約
Transcriptions
Standard Mandarin
Hanyu Pinyin zhong1 pu2 he2 hao3 tong1 shang1 tiao2 yue1
Yue: Cantonese
Jyutping zung1 pou4 wo4 hou2 tung1 soeng1 tiu4 joek3

The Sino-Portuguese Treaty of Peking was a trade unequal treaty between the Kingdom of Portugal and the Qing dynasty of China, signed on 1 December 1887. It is counted by the Chinese as among the unequal treaties in the aftermath of the Second Opium War. The treaty gave Portugal perpetual colonial rights to Macau on the condition that Portugal would cooperate in efforts to end the smuggling of opium.

Contents

Background

On 13 August 1862, China and Portugal signed the Treaty of Friendship and Trade in Tianjin. The treaty was largely a trade agreement, but it also defined Macau's political and juridical status, although it did not directly mention the issue of Portuguese sovereignty. [1] It contained two clauses regarding Macau's status: Article II annulled earlier agreements and referred to Macau as "formerly in the Province of Canton", while Article III recognised the status of a "Governor General of Macao." However, China did not ratify the treaty and it became void in 1864. [2]

In June 1886, a joint Sino-British commission advised that the administrative responsibility for controlling the import of opium into China should be transferred from the Hoppo in Canton (Guangzhou) to the Chinese Imperial Maritime Customs Service. Although Britain and China agreed to this, it could not be fully successful without Portuguese involvement. In 1887, China sent a diplomatic mission to Lisbon, which included James Campbell, a senior British member of the service, representing the superintendent of the customs service Sir Robert Hart. On 26 March 1887, Campbell and Portuguese Foreign Minister Henrique de Barros Gomes signed the four-point Lisbon Protocol: [3]

Art. 1st.—A Treaty of friendship and commerce with the most favoured nation clause will be concluded and signed at Peking.

Art. 2nd.—China confirms perpetual occupation and government of Macao and its dependencies by Portugal, as any other Portuguese possession.

Art. 3rd.—Portugal engages never to alienate Macao and its dependencies without agreement with China.

Art. 4th.—Portugal engages to cooperate in opium revenue work at Macao in the same way as England at Hong Kong.

Terms

Portugal followed up on this agreement by sending an envoy to Beijing, where a treaty of amity and commerce based on the protocol was drawn up. [2] On 1 December 1887, the Treaty of Peking was signed by Chinese representatives Yikuang (Prince Qing) and Sun Iu-uen, and Tomas de Sousa Rosa for Portugal on 1 December 1887. It contained 54 articles and was ratified on 28 April 1888. [3] Articles II and III stated: [2]

II. China confirms, in its entirety, the second Article of the Protocol of Lisbon, relating to the perpetual occupation and government of Macao by Portugal.

III. Portugal confirms, in its entirety, the third Article of the Protocol of Lisbon, relating to the engagement never to alienate Macao without previous agreement with China.

According to the Portuguese interpretation, sovereignty over Macau was surrendered to Portugal. In the Chinese interpretation, however, only administrative rights were transferred.

Aftermath

After December 1887, issues related to rent payments and the presence of a Chinese custom house or resident mandarin in Macau became irrelevant outside of academic interest. [2] The early 20th century marked a new era for both countries, with Portugal's 1910 and China's 1911 republican revolutions establishing new governments. A growing nationalist movement in China voiced disapproval of the treaty and questioned its validity. These contentions manifested themselves in the unresolved topic of Macau's border demarcation. [1] Although the Nationalist (Kuomintang) government in China vowed to abrogate the "unequal treaties", Macau's status remained unchanged. The 1928 Sino-Portuguese Treaty of Friendship and Trade reaffirmed Portuguese administration over Macau. [4] In 1945, after the end of extraterritorial rights in China, the Nationalists called for the liquidation of foreign control over Hong Kong and Macau, but they were too preoccupied in the Chinese Civil War with the Communists to fulfil their goals of a "rights recovery" campaign. [5]

After the 1974 Revolution in Portugal, a new decolonisation policy paved the way for Macau's retrocession to the People's Republic of China (PRC). [4] Portugal offered to withdraw from Macau in late 1974, but China declined the offer in favour of a later time because it sought to preserve international and local confidence in Hong Kong, which was still under British rule, as well as its focus on plans to unify Taiwan with the PRC. In January 1975, Portugal recognised the PRC as the sole legitimate government of China and ended ties with the Nationalists in Taipei. In 1976, Portugal unilaterally changed the legal designation of Macau from a "colony" to "territory under Portuguese administration". [4] [6] In 1987, the Sino-Portuguese Joint Declaration was signed and Macau became a "Chinese territory under Portuguese administration". [7] On 20 December 1999—two years after the handover of Hong Kong—Macau was returned to Chinese rule. [8]

A copy of the treaty is kept by the Portuguese government while another copy is kept by the Ministry of Foreign Affairs of Republic of China at the National Palace Museum in Taipei, Taiwan.

See also

Related Research Articles

<span class="mw-page-title-main">Macau</span> Special administrative region of China

Macau or Macao is a special administrative region of the People's Republic of China. With a population of about 710,000 people and a land area of 32.9 km2 (12.7 sq mi), it is the most densely populated region in the world.

<span class="mw-page-title-main">History of Macau</span>

Macau is a special administrative region (SAR) of the People's Republic of China. It was leased to Portugal in 1557 as a trading post in exchange for a symbolic annual rent of 500 tael. Despite remaining under Chinese sovereignty and authority, the Portuguese came to consider and administer Macau as a de facto colony. Following the signing of the Treaty of Nanking between China and Britain in 1842, and the signing of treaties between China and foreign powers during the 1860s, establishing the benefit of "the most favoured nation" for them, the Portuguese attempted to conclude a similar treaty in 1862, but the Chinese refused, owing to a misunderstanding over the sovereignty of Macau. In 1887 the Portuguese finally managed to secure an agreement from China that Macau was Portuguese territory. In 1999 it was handed over to China. Macau was the last extant European territory in continental Asia.

<span class="mw-page-title-main">Special administrative regions of China</span> Province-level autonomous subdivisions of the Peoples Republic of China

The special administrative regions (SAR) of the People's Republic of China are one of four types of province-level divisions of the People's Republic of China directly under the control of its Central People's Government, being integral areas of the country. As a region, they possess the highest degree of autonomy from China's central government. However, despite the relative autonomy that the Central People's Government offers the special administrative regions, the National People's Congress and its Standing Committee remains capable of enforcing laws for the special administrative regions.

<span class="mw-page-title-main">Treaty of Nanking</span> 1842 treaty between Qing China and Britain

The Treaty of Nanking was the peace treaty which ended the First Opium War (1839–1842) between Great Britain and the Qing dynasty of China on 29 August 1842. It was the first of what the Chinese later termed the "unequal treaties".

<span class="mw-page-title-main">Extraterritoriality</span> State of being exempted from the jurisdiction of local law

In international law, extraterritoriality or exterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations.

<span class="mw-page-title-main">Sino-British Joint Declaration</span> 1984 British-Chinese treaty regarding the transfer of Hong Kong

The Sino-British Joint Declaration was a treaty between the governments of the United Kingdom and People’s Republic of China signed in 1984 setting the conditions in which Hong Kong was transferred to Chinese control and for the governance of the territory after 1 July 1997.

<span class="mw-page-title-main">Convention of Peking</span> 1860 unequal treaty between Qing China and Britain, France, and Russia

The Convention of Peking or First Convention of Peking is an agreement comprising three distinct unequal treaties concluded between the Qing dynasty of China and Great Britain, France, and the Russian Empire in 1860.

<span class="mw-page-title-main">Macau Peninsula</span> The peninsular part of the Special Administrative Region of Macao

The Macau Peninsula is the historical and most populous part of Macau. It has an area of 8.5 square kilometers (3.3 sq mi) and is geographically connected to Guangdong Province at the northeast through an isthmus 200 meters (660 ft) wide. The peninsula, together with downtown Zhuhai, sits on an island separated from the continent by distributaries of the Pearl River. The Border Gate was built on the northern isthmus. At the south, the peninsula is connected to Taipa Island by three bridges, the Friendship Bridge ; the Macau-Taipa Bridge ; and the Sai Van Bridge . The longest axis extends 4 kilometers (2.5 mi) from the Border Gate to the southwestern edge, Barra (媽閣嘴). There is a western "Inner Harbor" (內港) paralleled by an "Outer Harbor" (外港) to the east. The 93 meters (305 ft) Guia Hill (松山) is the highest point on the peninsula, which has an average elevation of 50 to 75 meters. Many coastal places are reclaimed from the sea. The Historic Centre of Macau, which is entirely on the Macau Peninsula, became a World Heritage Site in 2005.

<span class="mw-page-title-main">Handover of Hong Kong</span> 1997 handover of Hong Kong from UK to China

The handover of Hong Kong from the United Kingdom to the People's Republic of China was at midnight on 1 July 1997. This event ended 156 years of British rule in the former colony, which began in 1841.

<span class="mw-page-title-main">China–United Kingdom relations</span> Bilateral relations

Chinese–United Kingdom relations, more commonly known as British–Chinese relations, Anglo-Chinese relations and Sino-British relations, are the interstate relations between China and the United Kingdom.

<span class="mw-page-title-main">Convention for the Extension of Hong Kong Territory</span> 1898 treaty between China and the United Kingdom

The Convention between the United Kingdom and China, Respecting an Extension of Hong Kong Territory, commonly known as the Convention for the Extension of Hong Kong Territory or the Second Convention of Peking, was a lease and unequal treaty signed between Qing China and the United Kingdom in Peking on 9 June 1898, leasing to the United Kingdom for 99 years, at no charge, the New Territories and northern Kowloon, including 235 islands.

<span class="mw-page-title-main">Chinese nationality law</span>

Chinese nationality law details the conditions by which a person holds nationality of the People's Republic of China (PRC). The primary law governing these requirements is the Nationality Law of the People's Republic of China, which came into force on September 10, 1980.

<span class="mw-page-title-main">Foreign relations of Macau</span>

Under the Basic Law, Macau's diplomatic relations and defence are the responsibility of the central government of China. Except diplomatic relations and defence, nonetheless, Macau has retained considerable autonomy in all aspects, including economic and commercial relations, customs control.

<span class="mw-page-title-main">Handover of Macau</span> 1999 handover of Macau from Portugal to China

The handover of Macau from the Portuguese Republic to the People's Republic of China was at midnight on 20 December 1999. This event ended 442 years of Portuguese rule in the former settlement, which began in 1557.

<span class="mw-page-title-main">Sino-Portuguese Joint Declaration</span> Treaty concerning administration of Macau

The Joint Declaration on the Question of Macau, or Sino-Portuguese Joint Declaration, was a treaty between Portugal and the People's Republic of China over the status of Macau. The full name of the treaty is Joint Declaration of the Government of the Portuguese Republic and the Government of the People's Republic of China on the question of Macau. Signed on 26 March 1987, the Declaration established the process and conditions of the transfer of the territory from Portuguese rule to the People's Republic of China. The Joint Declaration served also as the main source of fundamental rights that were implemented in the Basic Law of the Macau Special Administrative Region. The process was otherwise similar to the handover of Hong Kong to Chinese sovereignty by the United Kingdom in 1997.

<span class="mw-page-title-main">12-3 incident</span> 1966 demonstrations and riots against Portuguese rule in Macau

The 12-3 incident was a series of political demonstrations and riots against Portuguese colonial rule in Macau which occurred on December 3, 1966. The incident, inspired by the Cultural Revolution in the People's Republic of China, occurred as a direct response to a violent police crackdown by colonial authorities against local Chinese protesters demonstrating against corruption and colonialism in Macau.

<span class="mw-page-title-main">Century of humiliation</span> Era in Chinese history (c. 1839–1940s)

The century of humiliation was a period in Chinese history beginning with the First Opium War (1839–1842), and ending in 1945 with China emerging out of the Second World War as one of the Big Four and established as a permanent member of the United Nations Security Council, or alternately, ending in 1949 with the founding of the People's Republic of China. The century-long period is typified by the decline, defeat and political fragmentation of the Qing dynasty and the subsequent Republic of China, which led to demoralizing foreign intervention, annexation and subjugation of China by Western powers, Russia, and Japan.

<span class="mw-page-title-main">Macau Liaison Office</span>

The Liaison Office of the Central People's Government in the Macao Special Administrative Region is the representative office of the State Council of the People's Republic of China in Macau.

<span class="mw-page-title-main">Portuguese Macau</span> Portuguese colony in East Asia (1557–1999)

Macau was a Portuguese colony from the establishment of the first official Portuguese settlement of Macau in 1557 to its handover to China in 1999. It comprised the Municipality of Macau and the Municipality of Ilhas. Macau was both the first and last European holding in China.

<span class="mw-page-title-main">Hong Kong–mainland China relations</span> Bilateral relations

Hong Kong–mainland China relations refer to the relationship between Mainland China and Hong Kong. According to the 1997 Sino-British Joint Declaration, the United Kingdom handed control of Hong Kong over to the People's Republic of China, making it a special administrative region. In principle, Hong Kong became an autonomous administrative division based on the Hong Kong Basic Law.

References

  1. 1 2 Mendes, Carmen Amado (2013). Portugal, China and the Macau Negotiations, 1986-1999. Hong Kong University Press. pp. 11–12. ISBN   9789888139002 .
  2. 1 2 3 4 Ride, Lindsay; Ride, May (1989). The Voices of Macao Stones. Hong Kong University Press. pp. 54–56. ISBN   9622094872.
  3. 1 2 Mayers, William Frederick (1902). Treaties Between the Empire of China and Foreign Powers (4th ed.). Shanghai: North-China Herald. pp. 156–157.
  4. 1 2 3 Chan, Ming K. (2003). "Different Roads to Home: the retrocession of Hong Kong and Macau to Chinese sovereignty". Journal of Contemporary China12 (36): 497–499.
  5. Cohen, Jerome Alan; Chiu, Hungdah (1974). People's China and International Law: A Documentary Study. Vol. 1. Princeton University Press. p. 374. ISBN   9780691618692.
  6. Chan, Ming K.; Chan, Shiu-hing Lo (2006). The A to Z of the Hong Kong SAR and the Macao SAR. Plymouth: Scarecrow Press. p. 283. ISBN   9780810876330.
  7. Oliveira, Jorge; Cardinal, Paulo, eds. (2009). One Country, Two Systems, Three Legal Orders - Perspectives of Evolution: Essays on Macau's Autonomy after the Resumption of Sovereignty by China. Berlin: Springer-Verlag. pp. 225–226. ISBN   9783540685722.
  8. Page, Melvin Eugene. Sonnenburg, Penny M. (2003). Colonialism: An International, Social, Cultural, and Political Encyclopedia. ABC-CLIO. p 359. ISBN   978-1-57607-335-3.

Further reading