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| Category | SPECIAL ADMINISTRATIVE REGION | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1999-06-28 | Effective Date | 1999-12-20 |
|
Law of the People's Republic of China on Garrisoning the Macao Special Administrative Region |
|---|
Chapter I General Provisions
Chapter II Functions and Responsibilities of the Macao Garrison
Chapter III Relationship Between the Macao Garrison and the Government of the Macao Special Administrative Region
Chapter IV Obligation of and Discipline for Members of the Macao Garrison
Chapter V Judicial Jurisdiction over Members of the Macao Garrison
Chapter VI Supplementary Provisions Article 1 This Law is enacted in accordance with the Constitution and the Basic Law of the Macao Special Administrative Region to
ensure the lawful performance of functions and responsibilities by the military forces by the Central People's Government in the
Macao Special Administrative Region for defence, and to maintain the sovereignty, unity and territorial integrity of the State and
the security of Macao. Article 2 The military forces stationed by the Central People's Government in the Macao Special Administrative Region for defense
shall be designated as the Macao Garrison of the Chinese People's Liberation Army (hereinafter referred to as the Macao Garrison). The Macao Garrison shall be subject to the direction of the Central Military Commission of the People's Republic
of China. Its components and the number of its members shall be determined according to the need for the defence of the Macao Special
Administrative Region. The Macao Garrison shall practice a system of rotation of its members. Article 3 The Macao Garrison shall not interfere in the local affairs of the Macao Special Administrative Region. The Government
of the Macao Special Administrative Region may, when necessary, ask the Central People's Government for assistance from the Macao
Garrison in the maintenance of public order or in disaster relief. Article 4 Members of the Macao Garrison shall abide by not only national laws but also the laws of the Macao Special Administrative
Region. Article 5 Expenditures for the Macao Garrison shall be borne by the Central People's Government. Article 6 The Macao Garrison shall perform the following defence functions and responsibilities: (1)preparing against and resisting aggression, and safeguarding the security of the Macao Special Administrative
Region; (2)carrying out defence duties; (3)administering military facilities; (4)handling foreign-related military affairs. Article 7 In the event that the Standing Committee of the National People's Congress decides to declare a state of war or, by reason
of turmoil within the Macao Special Administrative Region, decides that the Region is in a state of emergency, the Macao Garrison
shall perform its duties in accordance with the provisions of the national laws that the Central people's Government decides to apply
in the Region. Article 8 No weapons and equipment, such as aircraft and vessels, and no materials of the Macao Garrison , and no members or vehicle
of the Garrison that bears a certificate or a document of certification issued by the Macao Garrison showing that the bearer is on
official duty, shall be inspected, searched, seized or detained by any law-enforcing officer of the Macao Administrative Region. The Macao Garrison and its members shall also enjoy other rights and immunities prescribed by the laws in
force in the Macao Special Administrative Region. Article 9 Members of the Macao Garrison may, in accordance with the provisions of the laws in force in the Macao Special Administrative
Region, take measures to stop any act which obstructs their performance of official duties. Article 10 The Government of the Macao Special Administrative Region shall support the Macao Garrison in its performance of defence
functions and responsibilities and guarantee the lawful rights and interests of the Macao garrison and its Members. The Macao Special Administrative Region shall, by means of law, guarantee the rights and immunities that the
Macao Garrison and its members should enjoy when performing their functions and responsibilities. The Macao Special Administrative Region shall consult the Macao Garrison when formulating any policy or drafting
and legislation which concerns the Macao Garrison. Article 11 The Macao Garrison shall notify in advance the Government of the Macao Special Administrative Region of any military activities
it is to conduct such as training exercises and manoeuvres which may affect the public interests of the Macao Special Administrative
Region. Article 12 The Macao Garrison and the Government of the Macao Special Administrative Region shall jointly protect the military facilities
within the Macao Special Administrative Region. The Macao Garrison shall delimit military restricted zones in conjunction with the Government of the Macao
Special Administrative Region. The location and boundaries of the military restricted zones shall be declared by the Government of
the Macao Special Administrative Region. The Government of the Macao Special Administrative Region shall assist the Macao Garrison in maintaining the
security of the military restricted zones, and prohibit any organization or individual from damaging or endangering any military
facilities. Without permission of the Commander of the Macao Garrison or other officers as he may authorizes to give such
permission, no person, vehicle, vessel or aircraft other than those of the Macao Garrison shall enter the military restricted zones.
Guards of the military restricted zones shall have the right to stop according to law any unauthorized entry into any military restricted
zone or any act which damages or endangers any military facilities. The Macao Garrison shall protect the natural resources, historical relics and monuments, and other non-military
rights and interests within the military restricted zones in accordance with the laws of the Macao Special Administrative Region. Article 13 Any land used by the Macao Garrison for military purposes shall be supplied without compensation by the Government of
the Macao Special Administrative Region. Any land used by the Macao Garrison for military purposes, when approved by the Central People's Government
to be no longer needed for defence purposes, shall be turned over without compensation to the Government of the Macao Special Administrative
Region for disposal. If the Government of the Macao Special Administrative Region needs for public use any part of the land used
for military purposes by the Macao Garrison, it shall seek approval of the Central People's Government; where approval is obtained,
the Government of the Macao Special Administrative Region shall make reprovision of land and military facilities for the Macao Garrison
at such sites as agreed to by the Central People's Government, and shall bear all the expenses and costs entailed. Article 14 Where the request of the Government of the Macao Special Administrative Region to the Central People's Government for
assistance from the Macao Garrison in the maintenance of public order or in disaster relief is approved by the Central People's Government,
the Macao Garrison shall call out troops in accordance with the order of the Central Military Commission to carry out tasks of assistance
in the maintenance of public order or in disaster relief, and upon completion of the tasks, the troops shall return to their barracks
immediately. The troops of the Macao Garrison who are called out to assist in the maintenance of public order or in disaster
relief shall, under the arrangement of the Government of the Macao Special Administrative Region, be commanded by the Commander of
the Macao Garrison or the officer authorized by him. Members of the Macao Garrison may, in the course of rendering assistance in the maintenance of public order
or in disaster relief, exercise the powers matched to the tasks they carry out and conferred to law-enforcing personnel concerned
by the laws of the Macao Special Administrative Region. Article 15 The Macao Garrison and the Government of the Macao Special Administrative Region shall establish liaison to deal with
matters concerning the Macao Garrison through consultation. Article 16 Members of the Macao Garrison shall fulfill the following obligations: (1) to be loyal to their motherland, perform their functions and responsibilities, maintain the security,
honour and interests of their motherland, and safeguard the security of Macao; (2) to abide by national laws and the laws of the Macao Special Administrative Region, and observe military
discipline; (3) to respect the organs of political power, the social system and the ways of life of the Macao Special
Administrative Region; (4) to cherish the public property of the Macao Special Administrative Region and the private property of
Macao residents and other persons; (5) to observe public ethics and cultivate civility and courtesy. Article 17 Members of the Macao Garrison
shall not join any political, religious or social organization in Macao. Article 18 The Macao Garrison shall not engage in any form of profit-making business activities. Members of the Macao Garrison shall
not engage in any other activity incompatible with their functions and responsibilities as servicemen. Article 19 Any member of the Macao Garrison who contravenes any national law or law of the Macao Special Administrative Region shall
be investigated for legal liability according to law. Any member of the Macao Garrison who breaches military discipline shall be subject to disciplinary sanction. Article 20 Criminal offences committed by members of the Macao Garrison shall be under the jurisdiction of the military judicial
organs; but offences which are committed by members of the Macao Garrison when not performing their official duties and in such violation
of the personal right or property right of Macao residents or other persons who are not of the Macao Garrison or otherwise in such
contravention of the laws of the Macao Special Administrative Region as to constitute crimes, shall be subject to the jurisdiction
of the judicial organs of the Macao Special Administrative Region. The military judicial organ and the judicial organs of the Macao Special Administrative Region may transfer
to the other party the criminal cases of members of the Macao Garrison under their respective jurisdiction if they consider it to
be more appropriate for the other party to exercise jurisdiction, provided that consensus is reached through consultation. Macao residents or other persons not of the Macao Garrison involved as defendants in the criminal cases of
members of the Macao Garrison under the jurisdiction of the military judicial organs shall be tried by the courts of the Macao Special
Administrative Region. Article 21 Any person who is lawfully arrested as a suspected offender by law-enforcing officers of the Macao Special Administrative
Region, once confirmed upon investigation to be a member of the Macao Garrison, shall be handled over to the Macao Garrison for custody.
Jurisdiction over the case involving the person in custody shall be determined in accordance with the provisions in Article 20 of
this Law. Article 22 Any member of the Macao Garrison sentenced by a court of the Macao Special Administrative Region to criminal punishment
which deprives him of or restricts his personal freedom or to security measures shall be delivered for sentence enforcement according
to the provisions of the laws of the Macao Special Administrative Region, except for the case in which the place of sentence enforcement
is otherwise determined by a relevant law-enforcing organ of the Macao Special Administrative Region and the military judicial organ
through consultation. Article 23 Where any member of the Macao Garrison, in contravention of the laws of the Macao Special Administrative Region, infringes
the civil rights of any Macao resident or other person not of the Macao Garrison, the parties concerned may seek settlement through
consultation or mediation; if they are unwilling or fail to reach settlement through consultation or mediation, the infringed party
may bring an action in the court. Cases of tort arising from acts committed by members of the Macao Garrison when not performing
their official duties shall be subject to the jurisdiction of the courts of the Macao Special Administrative region; cases of tort
arising from acts committed by members of the Macao Garrison when performing their official duties shall be subject to the jurisdiction
of the Supreme People's Court of the People's Republic of China, and compensation for any loss or injury incurred by acts of tort
shall be governed by the laws of the Macao Special Administrative Region. Article 24 Where any contractual disputes arises within the Macao Special Administrative Region between any organ or unit of the
Macao Garrison and any Macao resident or other person not of the Macao garrison, the parties concerned may settle their dispute through
consultation or mediation; if the parties are unwilling or fail to reach settlement through consultation or mediation, they may submit
the dispute to the arbitration institution for arbitration in accordance with the arbitration clause contained in the contract or
with a written arbitration agreement reached by the parties afterwards. If no arbitration clauses is contained in the contract and
no written arbitration agreement is reached afterwards, the parties may institute proceedings in a court of the Macao Special Administrative
Region, except that the parties agree otherwise as to the court for instituting proceedings. Article 25 Certificates issued by the Macao Garrison regarding facts such as identity of membership of the Macao Garrison and acts
in performance of official duties shall be valid evidence in proceedings in the courts of the Macao Special Administrative Region,
unless the contrary is proved. Article 26 Acts of the State of the Macao Garrison such as defense affairs shall not be subject to the jurisdiction of the courts
of the Macao Special Administrative Region. Article 27 Organs or units of the Macao Garrison shall comply with the judgements or orders issued by the courts of the Macao Special
Administrative Region concerning arrangement of their property; but the said courts shall not enforce judgements or orders on any
weapon, equipment, material or other property of the Macao garrison. Article 28 The military judicial organs may, through consultation, maintain juridical relations with the courts and the relevant
law-enforcing organs of the Macao Special Administrative Region, and they may render assistance to each other. Article 29 The power of interpretation of this Law shall be vested in the Standing Committee of the National People's Congress. Article 30 This Law takes effect as of December 20,1999.
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Chapter I General Provisions
Chapter II Functions and Responsibilities of the Macao Garrison
Chapter III Relationship Between the Macao Garrison and the Government of the Macao Special Administrative Region
Chapter IV Obligation of and Discipline for Members of the Macao Garrison
Chapter V Judicial Jurisdiction over Members of the Macao Garrison
Chapter VI Supplementary Provisions
URL: http://www.asianlii.org/cn/legis/cen/laws/gtmsar448