Laws of the People's Republic of China

    The (hereinafter referred to as "Basic Law") provides in Article 145 that "Upon the foundation of Macao Special Administrative Region, the existing laws of Macao, except those declared conflicting herewith by the Standing Committee of the National People's Congress, shall be adopted as the laws of Macao Special Administrative Region, subject to any amendment or abolition pursuant to the provisions hereof and legal procedures if found subsequently conflicting herewith." In Article 8, it is provided that "The existing laws, decrees, administrative regulations and other regulatory documents of Macao, except those conflicting herewith or amended according to legal procedures by the legislative or other relevant authorities of Macao Special Administrative Region, shall be retained." In accordance with aforesaid provisions, the 12th meeting of the Standing Committee of the Ninth National People's Congress has discussed the proposal on disposition of the existing laws of Macao put forward by the Preparatory Committee of Macao Special Administrative Region of the National People's Congress, and decides as follows:

    I. The existing laws, decrees, administrative regulations and other regulatory documents of Macao, except those conflicting with the , shall be adopted as the laws of Macao Special Administrative Region.

    II. The existing laws of Macao set forth in Schedule A hereof conflict with the , and shall not be adopted as the laws of Macao Special Administrative Region.

    III. The existing laws of Macao set forth in Schedule B hereof conflict with the , and shall not be adopted as the laws of Macao Special Administrative Region; however, relevant affairs may be dealt with pursuant to the principles provided in and referencing to the existing manners before new laws concerned are formulated by Macao Special Administrative Region.

    IV. The conflicting provisions with the of the existing laws of Macao set forth in Schedule C hereof shall not be adopted as the laws of Macao Special Administrative Region.

    V. The existing laws of Macao adopted as the laws of Macao Special Administrative Region, since December 20th 1999, when applied, shall be necessarily modified, adapted, restricted or excluded, to conform to Macao's status after the People's Republic of China resumes the exercise of sovereignty over Macao and the relevant provisions of the .

    Subject to aforesaid principles, of the existing laws of Macao:

  (a) The preface and signing parts shall not be retained, and henceforth not the parts of the laws of Macao Special Administrative Region.

  (b) Those providing foreign affairs with respect to Macao Special Administrative Region, if not consistent with the national laws effective in Macao Special Administrative Region, shall be subject to such national laws and conform to the international rights enjoyed and the international obligations assumed by the Central People's Government.

  (c) Any provisions conferring prerogative treatment upon Portuguese shall not be retained, except those with respect to the reciprocity between Macao and Portugal.

  (d) Provisions with respect to the ownership of land shall be interpreted in accordance with Article 7 of the .

  (e) Provisions with respect to the prevailing of Portuguese language over Chinese language in legal effect shall be interpreted that both Portuguese and Chinese are official language; provisions as to requiring the must use of Portuguese or simultaneous use of both Portuguese and Chinese shall be dealt with pursuant to the provisions of Article 9 of the .

  (f) Provisions with respect to specialty or practicing qualification embodying injustice resulting from the governance of Macao by Portugal may be referenced to and applied in accordance with the provisions of Article 129 of the as transitional arrangement, before Macao Special Administrative Region makes any amendment thereto.

  (g) Provisions with respect to the identity and position of civil personnel recruited outside Macao with Portuguese or other foreign nationality shall be interpreted pursuant to the provisions of Article 99 of the .

  (h) Provisions quoting Portuguese law, if not prejudicial to the sovereignty of the People's Republic of China and not conflicting with the provisions of the , may be continued to be referenced to and applied as transitional arrangement, before Macao Special Administrative Region makes any amendment thereto.

    VI. Subject to clause V, for existing laws of Macao adopted as the laws of Macao Special Administrative Region, unless the context otherwise requires, the interpretation or application of the name, word, expression or sentence therein shall be in accordance with the principles on replacement provided for by Schedule D hereof.

    VII. The existing laws of Macao adopted as the laws of Macao Special Administrative Region may be amended or abolished pursuant to the provisions of the and legal procedures if found conflicting with the subsequently.