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| Category | SPECIAL ADMINISTRATIVE REGION | Organ of Promulgation | The National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1993-03-31 | Effective Date | 1999-12-20 |
|
THE Basic Law of the Macao Special Administrative Region of the People's Republic of China |
|---|
Preamble
Chapter I General Principles
Chapter II Relationship Between the Central Authorities
and the Macao Special Administrative Region
Chapter III Fundamental Rights and Duties of the Residents
Chapter IV Political Structure
Section 1 The Chief Executive
Section 2 The Executive Authorities
Section 3 The Legislature
Section 4 The Judiciary
Section 5 Municipal Organs
Section 6 Public Servants
Section 7 Swearing Allegiance
Chapter V Economy
Chapter VI Cultural and Social Affairs
Chapter VII External Affairs
Chapter VIII Interpretation and Amendments of the Basic Law
Chapter IX Supplementary Provisions
Annex I Method for the Selection of the Chief Executive
of the Macao Special Administrative Region
Annex II Method for the Formation of the Legislative
Council of the Macao Special Administrative Region
Annex III National Laws to Be Applied in the Macao Macao, including the Macao Peninsula, Taipa Island and Coloane Upholding national unity and territorial integrity, In accordance with the Constitution of the People's Republic Article 1 The Macao Special Administrative Region is an Article 2 The National People's Congress authorizes the Macao Article 3 The executive authorities and legislature of the Article 4 The Macao Special Administrative Region shall Article 5 The socialist system and policies shall not be Article 6 The Macao Special Administrative Region shall Article 7 The land and natural resources within the Macao Article 8 The laws, decrees, administrative regulations and Article 9 In addition to the Chinese language, Portuguese may Article 10 Apart from displaying the national flag and The regional flag of the Macao Special Administrative Region The regional emblem of the Macao Special Administrative Region Article 11 In accordance with Article 31 of the Constitution No law, decree, administrative regulations and normative acts Article 12 The Macao Special Administrative Region shall be Article 13 The Central People's Government shall be The Ministry of Foreign Affairs of the People's Republic of China shall establish an office in Macao to
deal with foreign The Central People's Government authorizes the Macao Article 14 The Central People's Government shall be The Government of the Macao Special Administrative Region Article 15 The Central People's Government shall appoint or Article 16 The Macao Special Administrative Region shall be Article 17 The Macao Special Administrative Region shall be Laws enacted by the legislature of the Macao Special If the Standing Committee of the National People's Congress, Article 18 The laws in force in the Macao Special National laws shall not be applied in the Macao Special The Standing Committee of the National People's Congress may In the event that the Standing Committee of the National Article 19 The Macao Special Administrative Region shall be The courts of the Macao Special Administrative Region shall The courts of the Macao Special Administrative Region shall Article 20 The Macao Special Administrative Region may enjoy Article 21 Chinese citizens who are residents of the Macao In accordance with the assigned number of seats and the Article 22 No department of the Central People's Government If there is a need for departments of the Central Government, All offices set up in the Macao Special Administrative Region For entry into the Macao Special Administrative Region, people The Macao Special Administrative Region may establish an Article 23 The Macao Special Administrative Region shall Article 24 Residents of the Macao Special Administrative The permanent residents of the Macao Special Administrative (1) Chinese citizens born in Macao before or after the (2) Chinese citizens who have ordinarily resided in Macao for (3) The Portuguese who were born in Macao and have taken Macao (4) The Portuguese who have ordinarily resided in Macao for a (5) Other persons who have ordinarily resided in Macao for a (6) Persons under 18 years of age born in Macao of those The above-mentioned residents shall have the right of abode in The non-permanent residents of the Macao Special Article 25 All Macao residents shall be equal before the law, Article 26 Permanent residents of the Macao Special Administrative Article 27 Macao residents shall have freedom of speech, of the press and of publication; freedom of association, of assembly, Article 28 The freedom of the person of Macao residents shall No Macao resident shall be subjected to arbitrary or unlawful Unlawful search of the body of any resident or deprivation or Torture or inhuman treatment of any resident shall be Article 29 Macao residents shall not be punished by law, When charged with criminal offences, Macao residents shall Article 30 The human dignity of Macao residents shall be Macao residents shall enjoy the right to personal reputation Article 31 The homes and other premises of Macao residents Article 32 The freedom and privacy of communication of Macao Article 33 Macao residents shall have freedom of movement Article 34 Macao residents shall have freedom of conscience. Macao residents shall have freedom of religious belief and Article 35 Macao residents shall have freedom of choice of occupation and work. Article 36 Macao residents shall have the right to resort to Macao residents shall have the right to institute legal Article 37 Macao residents shall have freedom to engage in Article 38 The freedom of marriage of Macao residents and The legitimate rights and interests of women shall be The minors, the aged and the disabled shall be taken care of and protected by the Macao Special Administrative
Region. Article 39 Macao residents shall have the right to social Article 40 The provisions of International Covenant on Civil The rights and freedoms enjoyed by Macao residents shall not Article 41 Macao residents shall enjoy the other rights and Article 42 The interests of the residents of Portuguese Article 43 Persons in the Macao Special Administrative Region Article 44 Macao residents and other persons in Macao shall Section 1 The Chief Executive Article 45 The Chief Executive of the Macao Special The Chief Executive of the Macao Special Administrative Region Article 46 The Chief Executive of the Macao Special Article 47 The Chief Executive of the Macao Special The specific method for selecting the Chief Executive is Article 48 The term of office of the Chief Executive of the Article 49 The Chief Executive of the Macao Special Article 50 The Chief Executive of the Macao Special (1) To lead the government of the Region; (2) To be responsible for the implementation of this Law and (3) To sign bills passed by the Legislative Council and to To sign budgets passed by the Legislative Council and report (4) To decide on government policies and to issue executive (5) To formulate the administrative regulations and promulgate (6) To nominate and to report to the Central People's (7) To appoint part of the members of the Legislative (8) To appoint or remove members of the Executive Council; (9) To appoint or remove presidents and judges of the courts (10) To nominate and report to the Central People's Government (11) To appoint or remove holders of public office in (12) To implement the directives issued by the Central (13) To conduct, on behalf of the Government of the Macao (14) To approve the introduction of motions regarding revenues (15) To decide, in the light of security and vital public (16) To confer medals and titles of honour of the Macao (17) To pardon persons convicted of criminal offences or (18) To handle petitions and complaints. Article 51 If the Chief Executive of the Macao Special Article 52 The Chief Executive of the Macao Special (1) The Chief Executive refuses to sign a bill passed the (2) The Legislative Council refuses to pass a budget Before dissolving the Legislative Council, the Chief Executive The Chief Executive may dissolve the Legislative Council only Article 53 If the Legislative Council of the Macao Special Article 54 The Chief Executive of the Macao Special (1) When he or she loses the ability to discharge his or her (2) When, after the Legislative Council is dissolved because (3) When, after the Legislative Council is dissolved because Article 55 If the Chief Executive of the Macao Special In the event that the office of Chief Executive becomes Article 56 The Executive Council of the Macao Special Article 57 Members of the Executive Council of the Macao Members of the Executive Council of the Macao Special The Executive Council shall be composed of seven to eleven Article 58 The Executive Council of the Macao Special If the Chief Executive does not accept a majority opinion of the Executive Council, he or she shall put the
specific reasons on Article 59 A Commission Against Corruption shall be Article 60 A Commission of Audit shall be established in the Section 2 The Executive Authorities Article 61 The Government of the Macao Special Administrative Article 62 The head of the Government of the Macao Special Article 63 The principal officials of the Macao Special The Principal officials of the Macao Special Administrative Article 64 The Government of the Macao Special Administrative (1) To formulate and implement policies; (2) To conduct administrative affairs; (3) To conduct external affairs as authorized by the Central (4) To draw up and introduce budgets and final accounts; (5) To introduce bills and motions and to draft administrative (6) To designate officials to sit in on the meetings of the Article 65 The Government of the Macao Special Administrative Article 66 The Executive authorities of the Macao Special Section 3 The Legislature Article 67 The Legislative Council of the Macao Special Article 68 The Legislative Council of the Macao Special The majority of its members shall be elected. The method for forming the Legislative Council is prescribed Members of the Legislative Council, upon assuming office, Article 69 The term of office of the Legislative Council of the Macao Special Administrative Region shall be four years, except Article 70 If the Legislative Council of the Macao Special Article 71 The Legislative Council of the Macao Special (1) To enact, amend, suspend or repeal laws in accordance (2) To examine and approve budgets introduced by the (3) To decide on taxation according to government motions (4) To receive and debate the policy addresses of the Chief (5) To debate any issue concerning public interests; (6) To receive and handle complaints from Macao residents; (7) If a motion initiated jointly by one-third of all the (8) To summon, as required when exercising the Article 72 The Legislative Council of the Macao Special The President and Vice President of the Legislative Council shall Article 73 In case of absence of the President of the In the event that the office of President or of Vice President Article 74 The President of the Legislative Council of the (1) To preside over meetings; (2) To decide on the agenda, giving priority to government (3) To decide on the dates of meetings; (4) To call special sessions during the recess; (5) To call emergency sessions on his or her own or upon the (6) To exercise other powers and functions as prescribed in Article 75 Members of the Legislative Council of the Macao Article 76 Members of the Legislative Council of the Macao Article 77 The quorum for the meeting of the Legislative The rules of procedure of the Legislative Council shall be Article 78 A bill passed by the Legislative Council of the Article 79 Members of the Legislative Council of the Macao Article 80 Members of the Legislative Council of the Macao Article 81 The President of the Legislative Council of the (1) When he or she loses the ability to discharge his or her (2) When he or she assumes posts which he or she is not (3) When he or she, with no valid reason, is absent from (4) When he or she breaches his or her oath; and (5) When he or she is convicted and sentenced to Section 4 The Judiciary Article 82 The courts of the Macao Special Administrative Article 83 The courts of the Macao Special Administrative Article 84 The primary courts, intermediate courts and Court The power of final adjudication of the Macao Special The structure, powers and functions as well as operation of the courts of the Macao Special Administrative
Region shall be Article 85 The primary courts of the Macao Special The previous system concerning criminal prosecution shall be Article 86 An administrative court shall be established in Article 87 Judges of the courts of the Macao Special A judge may only be removed for inability to discharge his or The removal of the judges of the Court of Final Appeal shall The appointment and removal of the judges of the Court of Final Appeal shall be reported to the Standing
Committee of the Article 88 The presidents of courts of the Macao Special The President of the Court of Final Appeal of the Macao The appointment and removal of the President of the Court of Final Appeal shall be reported to the Standing
Committee of the Article 89 The judges of the Macao Special Administrative Judges shall be immune from legal action for discharging his During the term of his or her office, a judge shall not Article 90 The procuratorates of the Macao Special The Procurator-General of the Macao Special Administrative Procurators shall be nominated by the Procurator-General and The structure, powers and functions as well as operation of the procuratorates shall be prescribed by law.
Article 91 The system previously in force in Macao for Article 92 On the basis of the system previously operating in Article 93 The Macao Special Administrative Region may, Article 94 With the assistance or authorization of the Section 5 Municipal Organs Article 95 Municipal organizations which are not organs of political power may be established in the Macao Special Article 96 The functions, powers and structure of the Section 6 Public Servants Article 97 Public servants serving in the Macao Special Article 98 Upon the establishment of the Macao Special The Government of the Macao Special Administrative Region Article 99 The Government of the Macao Special Administrative The relevant government departments of the Macao Special These individuals shall be employed only in their individual Article 100 The appointment and promotion of public servants Section 7 Swearing Allegiance Article 101 The Chief Executive, principal officials, members Article 102 When assuming office, the Chief Executive, Article 103 The Macao Special Administrative Region shall, in Such compensation shall correspond to the real value of the The ownership of enterprises and the investments from outside Article 104 The Macao Special Administrative Region shall All the financial revenues of the Macao Special Administrative The Central People's Government shall not levy taxes in the Article 105 The Macao Special Administrative Region shall Article 106 The Macao Special Administrative Region shall The Macao Special Administrative Region shall, taking the low Article 107 The monetary and financial systems of the Macao The Government of the Macao Special Administrative Region Article 108 The Macao Pataca, as the legal tender in the The authority to issue Macao currency shall be vested in the The Government of the Macao Special Administrative Region may Article 109 No foreign exchange control policies shall be The foreign exchange reserve of the Macao Special The Government of the Macao Special Administrative Region Article 110 The Macao Special Administrative Region shall Article 111 The Macao Special Administrative Region shall Article 112 The Macao Special Administrative Region shall be The Macao Special Administrative Region may, using the name Export quotas, tariff preferences and other similar Article 113 The Macao Special Administrative Region may issue Article 114 The Macao Special Administrative Region shall, in The Government of the Macao Special Administrative Region Article 115 The Macao Special Administrative Region, in the The Macao Special Administrative Region shall establish Article 116 The Macao Special Administrative Region shall The Macao Special Administrative Region shall be authorized by With the exception of foreign warships, access for which Private shipping businesses and shipping-related businesses Article 117 The Government of the Macao Special Article 118 The Macao Special Administrative Region shall, on Article 119 The Macao Special Administrative Region shall Article 120 The Macao Special Administrative Region shall, The grant or renewal of land leases after the establishment of the Macao Special Administrative Region shall
be dealt with in Article 121 The Government of the Macao Special The Government of the Macao Special Administration Region shall, Community organizations and individuals may, in accordance Article 122 The existing educational institutions of all Educational institutions of all kinds may continue to recruit Article 123 The Government of the Macao Special Administrative Article 124 The Government of the Macao Special Administrative The Government of the Macao Special Administrative Region Article 125 The Government of the Macao Special Administrative The Government of the Macao Special Administrative Region The Government of the Macao Special Administrative Region Article 126 The Government of the Macao Special Administrative Article 127 The Government of the Macao Special Administrative Article 128 The Government of the Macao Special Administrative Religious organizations may, in accordance with law, run Religious organizations shall, in accordance with law, enjoy Article 129 The Government of the Macao Special Administrative Persons with professional qualifications or qualifications for The Government of the Macao Special Administrative Region Article 130 On the basis of the previous social welfare Article 131 Local organizations providing social services in Article 132 The Government of the Macao Special Article 133 The relationship between non-governmental Article 134 Non-governmental organizations in fields such as Article 135 Representatives of the Government of the Macao Article 136 The Macao Special Administrative Region may on Article 137 Representatives of the Government of the Macao The Macao Special Administrative Region may, using the name The Central People's Government shall, in accordance with the The Central People's Government shall, in accordance with the Article 138 The application to the Macao Special International agreements to which the People's Republic of China is not a party but which are implemented
in Macao may Article 139 The Central People's Government shall authorize The Government of the Macao Special Administrative Region may Article 140 The Central People's Government shall assist or Article 141 The Macao Special Administrative Region may, as Article 142 The establishment of foreign consular and other Consular and other official missions established in Macao by According to the circumstances of each case, consular and States not recognized by the People's Republic of China may Article 143 The power of interpretation of this Law shall be The courts of the Macao Special Administrative Region may also The Standing Committee of the National People's Congress shall Article 144 The power of amendment of this Law shall be The power to propose bills for amendments to this Law shall be Before a bill for amendment to this Law is put on the agenda No amendment to this Law shall contravene the established Article 145 Upon the establishment of the Macao Special Documents, certificates and contracts valid under the laws The contracts signed by the Portuguese Macao Government whose 1. The Chief Executive shall be elected by a broadly Industrial, commercial and financial sectors: 100 Cultural and educational sectors and other professions: 80 Labour, social services, religious and other sectors: 80
Representatives of members of the Legislative Council, representatives of members of the municipal organs, Macao deputies to the National People's Congress, and representatives of Macao members of the National Committee of the Chinese People's Political Consultative Conference:
40 The term of office of the Election Committee shall be five 3. The delimitation of the various sectors, the organizations Corporate bodies in various sectors shall, on their own, elect Members of the Election Committee shall vote in their 4. Candidates for the office of Chief Executive may be 5. The Election Committee shall, on the basis of the list of the nominees, elect the Chief Executive designate
by secret ballot 6. The first Chief Executive shall be selected in accordance 7. If there is a need to amend the method for selecting the 1. In the first term, the Legislative Council shall be formed The Legislative Council in the second term shall be composed Members directly returned:
10 Members indirectly returned:
10 Appointed members:
7 The Legislative Council in the third and subsequent terms Members directly returned: 12 Members indirectly returned: 10
Appointed members: 7
2. The method for electing members of the Legislative Council 3. If there is a need to change the method for forming the The following national laws shall be applied locally with 1. Resolution on the Capital, Calendar, National Anthem and 2. Resolution on the National Day of the People's Republic of China 3. Nationality Law of the People's Republic of China 4. Regulations of the People's Republic of China Concerning 5. Regulations of the People's Republic of China Concerning 6. Law on the National Flag of the People's Republic of China 7. Law on the National Emblem of the People's Republic of China 8. Law of the People's Republic of China on the Territorial
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Special Administrative Region
Preamble
Island, has been part of the territory of China since ancient
times; it was gradually occupied by Portugal after the mid-16th
century. On 13 April 1987, the Chinese and Portuguese Governments
signed the Joint Declaration on the Question of Macao, affirming
that the Government of the People's Republic of China will resume
the exercise of sovereignty over Macao with effect from 20 December
1999, thus fulfilling the long-cherished common aspiration of the
Chinese people for the recovery of Macao.
contributing to social stability and economic development, and
taking account of its history and realities, the People's Republic
of China has decided that upon China's resumption of the exercise
of sovereignty over Macao, a Macao Special Administrative Region
will be established in accordance with the provisions of Article 31
of the Constitution of the People's Republic of China, and that
under the principle of "one country, two systems", the socialist
system and policies will not be practised in Macao. The basic
policies of the People's Republic of China regarding Macao have
been elaborated by the Chinese Government in the Sino-Portuguese
Joint Declaration.
of China, the National People's Congress hereby enacts the Basic
Law of the Macao Special Administrative Region of the People's
Republic of China, prescribing the systems to be practised in the
Macao Special Administrative Region, in order to ensure the
implementation of the basic policies of the People's Republic of China regarding Macao.
Chapter I General Principles
inalienable part of the People's Republic of China.
Special Administrative Region to exercise a high degree of autonomy
and enjoy executive, legislative and independent judicial power,
including that of final adjudication, in accordance with the
provisions of this Law.
Macao Special Administrative Region shall be composed of permanent
residents of Macao in accordance with the relevant provisions of this Law.
safeguard the rights and freedoms of the residents of the Macao
Special Administrative Region and of other persons in the Region in
accordance with law.
practised in the Macao Special Administrative Region, and the
previous capitalist system and way of life shall remain unchanged
for 50 years.
protect the right of private ownership of property in accordance
with law.
Special Administrative Region shall be State property, except for
the private land recognised as such according to the laws in force
before the establishment of the Macao Special Administrative
Region. The Government of the Macao Special Administrative Region
shall be responsible for their management, use and development and
for their lease or grant to individuals or legal persons for use or
development. The revenues derived therefrom shall be exclusively
at the disposal of the government of the Region.
other normative acts previously in force in Macao shall be
maintained, except for any that contravenes this Law, or subject to
any amendment by the legislature or other relevant organs of the
Macao Special Administrative Region in accordance with legal
procedures.
also be used as an official language by the executive authorities,
legislature and judiciary of the Macao Special Administrative
Region.
national emblem of the People's Republic of China, the Macao
Special Administrative Region may also use a regional flag and
regional emblem.
is a green flag with five stars, lotus flower, bridge and sea
water.
is composed of five stars, lotus flower, bridge and sea water
encircled by the words "Macao Special Administrative Region of the
People's Republic of China" in Chinese and "MACAO" in Portuguese.
of the People's Republic of China, the systems and policies
practised in the Macao Special Administrative Region, including the
social and economic systems, the system for safeguarding the
fundamental rights and freedoms of its residents, the executive,
legislative and judicial systems, and the relevant policies, shall
be based on the provisions of this Law.
of the Macao Special Administrative Region shall contravene this
Law.
Chapter II Relationship Between the Central Authorities
and the Macao Special Administrative Region
a local administrative region of the People's Republic of China,
which shall enjoy a high degree of autonomy and come directly under
the Central People's Government.
responsible for the foreign affairs relating to the Macao Special
Administrative Region.
affairs.
Special Administrative Region to conduct relevant external affairs
on its own in accordance with this Law.
responsible for the defence of the Macao Special Administrative
Region.
shall be responsible for the maintenance of public order in the
Region.
remove the Chief Executive, the principal officials of the
government and the Procurator-General of the Macao Special
Administrative Region in accordance with the relevant provisions of this Law.
vested with executive power. It shall, on its own, conduct the
administrative affairs of the Region in accordance with the
relevant provisions of this Law.
vested with legislative power.
Administrative Region must be reported to the Standing Committee of the National People's Congress for the record. The reporting
for
record shall not affect the entry into force of such laws.
after consulting the Committee for the Basic Law of the Macao
Special Administrative Region under it, considers that any law
enacted by the legislature of the Region is not in conformity with
the provisions of this Law regarding affairs within the
responsibility of the Central Authorities or regarding the
relationship between the Central Authorities and the Region, the
Standing Committee may return the law in question but shall not
amend it. Any law returned by the Standing Committee of the
National People's Congress shall immediately be invalidated. This
invalidation shall not have retroactive effect, unless otherwise
provided for in the laws of the Region.
Administrative Region shall be this Law, the laws previously in
force in Macao as provided for in Article 8 of this Law, and the
laws enacted by the legislature of the Region.
Administrative Region except for those listed in Annex III to this
Law. The laws listed therein shall be applied locally by way of promulgation or legislation by the Region.
add to or delete from the list of laws in Annex III after
consulting its Committee for the Basic Law of the Macao Special
Administrative Region and the government of the Region. Laws
listed in Annex III to this Law shall be confined to those relating
to defence and foreign affairs as well as other matters outside the
limits of the autonomy of the Region as specified by this Law.
People's Congress decides to declare a state of war or, by reason
of turmoil within the Macao Special Administrative Region which
endangers national unity or security and is beyond the control of the government of the Region, decides that the Region is in a state
of emergency, the Central People's Government may issue an order
applying the relevant national laws in the Region.
vested with independent judicial power, including that of final
adjudication.
have jurisdiction over all cases in the Region, except that the
restrictions on their jurisdiction imposed by the legal system and
principles previously in force in Macao shall be maintained.
have no jurisdiction over acts of state such as defence and foreign
affairs. The courts of the Region shall obtain a certificate from
the Chief Executive on questions of fact concerning acts of state
such as defence and foreign affairs whenever such questions arise
in the adjudication of cases. This certificate shall be binding on
the cours. Before issuing such a certificate, the Chief Executive
shall obtain a certifying document from the Central People's
Government.
other powers granted to it by the National People's Congress, the
Standing Committee of the National People's Congress or the Central
People's Government.
Special Administrative Region shall be entitled to participate in
the management of state affairs according to law.
selection method specified by the National People's Congress, the
Chinese citizens among the residents of the Macao Special
Administrative Region shall locally elect deputies of the Region to
the National People's Congress to participate in the work of the
highest organ of state power.
and no province, autonomous region, or municipality directly under
the Central Government may interfere in the affairs which the Macao
Special Administrative Region administers on its own in accordance
with this Law.
or for provinces, autonomous regions, or municipalities directly
under the Central Government to set up offices in the Macao Special
Administrative Region, they must obtain the consent of the
government of the Region and the approval of the Central People's
Government.
by departments of the Central Government, or by provinces,
autonomous regions, or municipalities directly under the Central
Government, and the personnel of these offices shall abide by the
laws of the Region.
from other provinces, autonomous regions or municipalities directly
under the Central Government must apply for approval. Among them,
the number of persons who enter the Region for the purpose of settlement shall be determined by the competent authorities of the
Central People's Government after consulting the government of the
Region.
office in Beijing.
enact laws on its own to prohibit any act of treason, secession,
sedition, subversion against the Central People's Government, or
theft of state secrets, to prohibit foreign political organizations
or bodies from conducting political activities in the Region, and
to prohibit political organizations or bodies of the Region from
establishing ties with foreign political organizations or bodies.
Chapter III Fundamental Rights and Duties of the Residents
Region ("Macao residents") shall include permanent residents and
non-permanent residents.
Region shall be:
establishment of the Macao Special Administrative Region and their
children of Chinese nationality born outside Macao;
a continuous period of not less than seven years before or after
the establishment of the Macao Special Administrative Region and
their children of Chinese nationality born outside Macao after they
have become permanent residents;
as their place of permanent residence before or after the
establishment of the Macao Special Administrative Region;
continuous period of not less than 7 years and have taken Macao as
their place of permanent residence before or after the
establishment of the Macao Special Administrative Region;
continuous period of not less than 7 years and have taken Macao as
their place of permanent residence before or after the
establishment of the Macao Special Administrative Region;
residents listed in category (5) before or after the establishment
of the Macao Special Administrative Region.
the Macao Special Administrative Region and shall be qualified to
obtain permanent identity cards.
Administrative Region shall be persons who are qualified to obtain
Macao identity cards in accordance with the laws of the Region but
have no right of abode.
and shall be free from discrimination, irrespective of their
nationality, descent, sex, race, language, religion, political
persuasion or ideological belief, educational level, economic
status or social conditions.
Region shall have the right tovote and the right to stand for election
in accordance with law.
of procession and of demonstration; and the right and freedom to
form and join trade unions, and to strike.
be inviolable.
arrest, detention or imprisonment. In case of arbitrary or unlawful
detention or imprisonment, Macao residents have the right to apply
to the court for the issuance of a writ of habeas corpus.
restriction of the freedom of the person shall be prohibited.
prohibited.
unless their acts constitute a crime and they shall be punished for
it as expressly prescribed by law at the time.
enjoy the right to an early court trial and shall be presumed
innocent before convicted.
inviolable. Humiliation, slander and false accusation against
residents in any form shall be prohibited.
and the privacy of their private and family life.
shall be inviolable. Arbitrary or unlawful search of, or intrusion
into, a resident's home or other premises shall be prohibited.
residents shall be protected by law. No department or individual
may, on any grounds, infringe upon the freedom and privacy of communication of residents except that the relevant authorities may
inspect communication in accordance with the provisions of the law
to meet the needs of public security or of investigation into
criminal offences.
within the Macao Special Administrative Region and freedom of emigration to other countries and regions. They shall have freedom
to travel and to enter or leave the Region and shall have the right
to obtain travel documents in accordance with law. Unless
restrained by law, holders of valid travel documents shall be free
to leave the Region without special authorization.
freedom to preach and to conduct and participate in religious
activities in public.
law and to have access to the courts, to lawyers' help for
protection of their lawful rights and interests, and to judicial
remedies.
proceedings in the courts against the acts of the executive
authorities and their personnel.
education, academic research, literary and artistic creation, and
other cultural activities.
their right to form and raise a family freely shall be protected by
law.
protected by the Macao Special Administrative Region.
welfare in accordance with law. The welfare benefits and retirement
security of the labour force shall be protected by law.
and Political Rights, International Covenant on Economic, Social
and Cultural Rights, and international labour conventions as
applied to Macao shall remain in force and shall be implemented
through the laws of the Macao Special Administrative Region.
be restricted unless as prescribed by law. Such restrictions shall
not contravene the provisions of the first paragraph of this
Article.
freedoms safeguarded by the laws of the Macao Special
Administrative Region.
descent in Macao shall be protected by the Macao Special
Administrative Region in accordance with law, and their customs and
cultural traditions shall be respected.
other than Macao residents shall, in accordance with law, enjoy the
rights and freedoms of Macao residents prescribed in this Chapter.
have the obligation to abide by the laws in force in the Macao
Special Administrative Region.
Chapter IV Political Structure
Administrative Region shall be the head of the Macao Special
Administrative Region and shall represent the Region.
shall be accountable to the Central People's Government and the
Macao Special Administrative Region in accordance with the
provisions of this Law.
Administrative Region shall be a Chinese citizen of not less than
40 years of age who is a permanent resident of the Region and has
ordinarily resided in Macao for a continuous period of not less
than 20 years.
Administrative Region shall be selected by election or through
consultations held locally and be appointed by the Central People's
Government.
prescribed in Annex I: "Method for the Selection of the Chief
Executive of the Macao Special Administrative Region".
Macao Special Administrative Region shall be five years. He or she
may serve for not more than two consecutive terms.
Administrative Region, during his or her term of office, shall have
no right of abode in any foreign country and shall not engage in
any activities for his or her personal gains. The Chief Executive,
on assuming office, shall declare his or her assets to the
President of the Court of Final Appeal of the Macao Special
Administrative Region. This declaration shall be put on record.
Administrative Region shall exercise the following powers and
functions:
other laws which, in accordance with this Law, apply in the Macao
Special Administrative Region;
promulgate laws;
the budgets and final accounts to the Central People's Government
for the record;
orders;
them for implementation;
Government for appointment the following principal officials:
Secretaries of Departments, Commissioner Against Corruption,
Director of Audit, the leading members of the Police and the
customs and excise; and to recommend to the Central People's
Government the removal of the above-mentioned officials;
Council;
at all levels and procurators in accordance with legal procedures;
for appointment of the Procurator-General and recommend to the
Central People's Government the removal of the Procurator-General
in accordance with legal procedures;
accordance with legal procedures;
People's Government in respect of the relevant matters provided for
in this Law;
Special Administrative Region, external affairs and other affairs
as authorized by the Central Authorities;
or expenditure to the Legislative Council;
interests, whether government officials or other personnel in
charge of government affairs should testify or give evidence before
the Legislative Council or its committees;
Special Administrative Region in accordance with law;
commute their penalties in accordance with law; and
Administrative Region considers that a bill passed by the
Legislative Council is not compatible with the overall interests of the Region, he or she may give his or her reasons in writing
and
return it to the Legislative Council within 90 days for
reconsideration. If the Legislative Council passes the original
bill again by not less than a two-thirds majority of all the
members, the Chief Executive must sign and promulgate it within 30
days or act in accordance with the provisions of Article 52 of this
Law.
Administrative Region may dissolve the Legislative Council under
any of the following circumstances:
second time by the Legislative Council; and
introduced by the government or any other bills which he or she
considers concern the overall interests of the Region, and after
consultations, consensus still cannot be reached.
must consult the Executive Council and he or she shall explain the
reason for it to the public.
once in each term of his or her office.
Administrative Region fails to pass the budget introduced by the
government, the Chief Executive may approve provisional short-term
appropriations according to the level of expenditure of the
previous fiscal year.
Administrative Region must resign under any of the following
circumstances;
duties as a result of serious illness or other reasons;
he or she twice refuses to sign a bill passed by it, the new
Legislative Council again passes by a two-thirds majority of all
the members the original bill in dispute, but he or she still
refuses to sign it within 30 days; and
it refuses to pass a budget or any other bill concerning the
overall interests of the Macao Special Administrative Region, the
newly elected Legislative Council still refuses to pass the
original bill in dispute.
Administrative Region is not able to discharge his or her duties
for a short period, such duties shall temporarily be assumed by the
secretaries of the departments in the order of precedence, which
shall be stipulated by law.
vacant, a new Chief Executive shall be selected within 120 days in
accordance with the provisions of Article 47 of this Law. During
the period of vacancy, his or her duties shall be assumed according
to the provisions of paragraph 1 of this Article and the choice of the acting Chief Executive shall be reported to the Central
People's Government for approval. The acting Chief Executive shall
abide by the provisions of Article 49 of this Law.
Administrative Region shall be an organ for assisting the Chief
Executive in policy-making.
Special Administrative Region shall be appointed by the Chief
Executive from among the principal officials of the executive
authorities, members of the Legislative Council and public figures.
Their appointment or removal shall be decided by the Chief
Executive. The term of office of members of the Executive Council
shall not extend beyond the expiry of the term of office of the
Chief Executive who appoints them. Members of the original
Executive Council shall remain in office until the new Chief
Executive is selected.
Administrative Region shall be Chinese citizens who are permanent
residents of the Region.
persons. The Chief Executive may, as he or she deems necessary,
invite other persons concerned to sit in on meetings of the
Council.
Administrative Region shall be presided over by the Chief
Executive. The meeting of the Executive Council shall be held at
least once each month. Except for the appointment, removal and
disciplining of officials and the adoption of measures in
emergencies, the Chief Executive shall consult the Executive
Council before making important policy decisions, introducing bills
to the Legislative Council, formulating administrative regulations,
or dissolving the Legislative Council.
record.
established in the Macao Special Administrative Region. It shall
function independently and its Commissioner shall be accountable to
the Chief Executive.
Macao Special Administrative Region. It shall function
independently and its Director shall be accountable to the Chief
Executive.
Region shall be the executive authorities of the Region.
Administrative Region shall be the Chief Executive of the Region.
General secretariats, directorates of services, departments and
divisions shall be established in the Government of the Macao
Special Administrative Region.
Administrative Region shall be Chinese citizens who are permanent
residents of the Region and have ordinarily resided in Macao for a
continuous period of not less than 15 years.
Region, at the time of assuming office, shall declare their
property to the President of the Court of Final Appeal of the Macao
Special Administrative Region for the record.
Region shall exercise the following powers and functions:
people's Government under this Law;
regulations; and
Legislative council to hear opinions or speak on behalf of the
government.
Region must abide by the law and be accountable to the Legislative
Council of the Region: it shall implement laws passed by the
Council and already in force; it shall present regular policy
addresses to the Council; and it shall answer questions raised by
members of the Council.
Administrative Region may, when necessary, establish advisory
bodies.
Administrative Region shall be the legislature of the Region.
Administrative Region shall be composed of permanent residents of the Region.
in Annex II: Method for the Formation of the Legislative Council of the Macao Special Administrative Region.
shall declare their financial situation in accordance with legal
procedures.
for the first term which shall be stipulated otherwise.
Administrative Region is dissolved by the Chief Executive in
accordance with the provisions of this Law, it must, within 90
days, be reconstituted in accordance with Article 68 of this Law.
Administrative Region shall exercise the following powers and
functions:
with the provisions of this Law and legal procedures;
government; and examine the report on audit introduced by the
government;
and approve debts to be undertaken by the government;
Executive;
members of the Legislative Council charges the Chief Executive with
serious breach of law or dereliction of duty and if he or she
refuses to resign, the Council may, by a resolution, give a mandate
to the President of the Court of Final Appeal to form an
independent investigation committee to carry out investigation. If
the committee considers the evidence sufficient to substantiate
such charges, the Council may pass a motion of impeachment by a
two-thirds majority of all its members and report it to the Central
People's Government for decision; and
above-mentioned powers and functions, persons concerned to testify
or give evidence.
Administrative Region shall have a President and a Vice President
who shall be elected by and from among the members of the
Legislative Council.
be Chinese citizens who are permanent residents of the Region and have
ordinarily resided in Macao for a continuous period of not less than
15 years.
Legislative Council of the Macao Special Administrative Region, the
Vice President shall act as President.
of the Legislative Council becomes vacant, new President or Vice
President shall be elected.
Macao Special Administrative Region shall exercise the following
powers and functions:
bills for inclusion in the agenda upon the request of the Chief
Executive;
request of the Chief Executive; and
the rules of procedure of the Legislative Council.
Special Administrative Region may introduce bills in accordance
with the provisions of this Law and legal procedures. Bills which
do not relate to public expenditure or political structure or the
operation of the government may be introduced individually or
jointly by members of the Council. The written consent of the Chief
Executive shall be required before bills relating to government
policies are introduced.
Special Administrative Region shall have the right to raise
questions about the government work in accordance with legal
procedures.
Council of the Macao Special Administrative Region shall be not
less than one half of all its members. Except otherwise prescribed
by this Law, bills and motions shall be passed by more than half of all the members of the Council.
made by the Council on its own, provided that they do not
contravene this Law.
Macao Special Administrative Region may take effect only after it
is signed and promulgated by the Chief Executive.
Special Administrative Region shall be immune from legal action in
respect of their statements and voting at meetings of the Council.
Special Administrative Region, excluding active criminals, shall
not be subjected to arrest without the permission of the Council.
Macao Special Administrative Region shall declare, according to the
decision of the Council, that a member of the Council is no longer
qualified for the office under any of the following circumstances:
duties as a result of serious illness or other reasons;
permitted by law to hold concurrently;
meetings for five consecutive times or for 15 times intermittently
without the consent of the President of the Legislative Council;
imprisonment for more than 30 days for a criminal offence committed
within or outside the Region.
Region shall exercise the judicial power.
Region shall exercise judicial power independently. They shall be
subordinated to nothing but law and shall not be subject to any
interference.
of Final Appeal shall be established in the Macao Special
Administrative Region.
Administrative Region shall be vested in the Court of Final Appeal
of the Region.
prescribed by law.
Administrative Region may, when necessary, establish special
courts.
maintained.
the Macao Special Administrative Region. It is the court which
shall have jurisdiction over administrative and tax cases. If a
party refuses to accept a judgment by the administrative court, he
or she shall have the right to file an appeal with an intermediate
court.
Administrative Region at all levels shall be appointed by the Chief
Executive on the recommendation of an independent commission
composed of local judges, lawyers and eminent persons. Judges shall
be chosen on the basis of their professional qualifications.
Qualified judges of foreign nationality may also be employed.
her functions, or for behavior incompatible with his or her post,
by the Chief Executive on the recommendation of a tribunal
appointed by the President of the Court of Final Appeal and
consisting of not fewer than three local judges.
be decided on by the Chief Executive upon the recommendation of a
review committee consisting of members of the Legislative Council
of the Macao Special Administrative Region.
National People's Congress for the record.
Administrative Region at all levels shall be chosen from among
judges and appointed by the Chief Executive.
Special Administrative Region shall be a Chinese citizen who is a
permanent resident of the Region.
National People's Congress for the record.
Region shall exercise judicial power according to law, instead of according to any order or instruction, except in the situation
as
prescribed in paragraph 3 of Article 19 of this Law.
or her judicial functions.
concurrently assume other public or private posts, nor shall he or
she assume any post in organizations of a political nature.
Administrative Region shall exercise procuratorial functions as
vested by law, independently and free from any interference.
Region shall be a Chinese citizen who is a permanent resident of the Region, shall be nominated by the Chief Executive and appointed
by the Central People's Government.
appointed by the Chief Executive.
appointment and removal of supporting members of the judiciary
shall be maintained.
Macao, the Government of the Macao Special Administrative Region
may make provisions for local lawyers and lawyers from outside
Macao to practise in the Region.
through consultations and in accordance with law, maintain judicial
relations with the judicial organs of other parts of the country,
and they may render assistance to each other.
Central People's Government, the Macao Special Administrative
Region may make appropriate arrangements with foreign states for
reciprocal judicial assistance.
Administrative Region. Entrusted by the government of the Region,
they shall provide services in such fields as culture, recreation
and environmental sanitation, and shall be consulted by the
government of the Region on the above-mentioned affairs.
municipal organizations shall be prescribed by law.
Administrative Region must be permanent residents of the Region,
except for those as prescribed by Articles 98 and 99 of this Law
and except for technical personnel of certain professions and
junior public servants recruited by the Government of the Macao
Special Administrative Region.
Administrative Region, public servants including the police and
supporting members of the judiciary previously serving in Macao
may all remain in employment, continue service and retain their
seniority with pay, allowances, benefits and conditions of service
no less favourable than before.
shall pay to the above-mentioned public servants who are entitled
to pensions and allowances under the laws previously in force in
Macao and who remain in employment and retire after the
establishment of the Macao Special Administrative Region, or to
their dependents, all pensions and allowances due to them on terms
no less favourable than before, and irrespective of their
nationality or place of residence.
Region may employ Portuguese and other foreign nationals
previously serving in the public service in Macao, or those holding
permanent identity cards of the Region, to serve as public servants
in government departments at all levels, unless otherwise provided
by this Law.
Administrative Region may also employ Portuguese and other foreign
nationals as advisers or to fill professional and technical posts.
capacities and shall be responsible to the Government of the Macao
Special Administrative Region.
shall be on the basis of their qualifications, experience and
ability. Macao's previous system of employment, discipline,
advanced and regular promotion may basically remain unchanged, but
may be improved along with the development of the Macao society.
of the Executive Council and of the Legislative Council, judges and
procurators in the Macao Special Administrative Region must uphold
the Basic Law of the Macao Special Administrative Region of the
People's Republic of China, devote themselves to their duties, be
honest in performing official duties, swear allegiance to the Macao
Special Administrative Region and take an oath to this effect in
accordance with law.
principal officials, President of the Court of Final Appeal and
Procurator-General of the Macao Special Administrative Region must
swear allegiance to the People's Republic of China, apart from
taking the oath under Article 101.
Chapter V Economy
accordance with law, protect the right of individuals and legal
persons to the acquisition, use, disposal and inheritance of property and their right to compensation for lawful deprivation of
their property.
property concerned at the time and shall be freely convertible and
paid without undue delay.
the Region shall be protected by Law.
have independent finances.
Region shall be managed and controlled by the Region itself and
shall not be handed over to the Central People's Government.
Macao Special Administrative Region.
follow the principle of keeping expenditure within the limits of revenues in drawing up its budget, and strive to achieve a fiscal
balance, avoid deficits and keep the budget commensurate with the
growth rate of its gross domestic product.
practise an independent taxation system.
tax policy previously pursued in Macao as reference, enact laws
on its own concerning types of taxes, tax rates, tax reductions,
allowances and expenditures, and other matters of taxation. The
taxation system for franchised businesses shall be otherwise
prescribed by law.
Special Administrative Region shall be prescribed by law.
shall, on its own, formulate monetary and financial policies,
safeguard the free operation of financial markets and all kinds of financial institutions, and regulate and supervise them in
accordance with law.
Macao Special Administrative Region, shall continue to circulate.
Government of the Macao Special Administrative Region. The issue of Macao currency must be backed by a 100 per cent reserve fund.
The
system regarding the issue of Macao currency and the reserve fund
system shall be prescribed by law.
authorize designated banks to perform or continue to perform the
function of its agents in the issuance of Macao currency.
applied in the Macao Special Administrative Region. The Macao
Pataca shall be freely convertible.
Administrative Region shall be managed and controlled by the
Government of the Macao Special Administrative Region according to
law.
shall safeguard the free flow of capital within, into and out of the Region.
maintain the status of a free port and shall not impose any tariff
unless otherwise prescribed by law.
pursue the policy of free trade and safeguard the free movement of goods, intangible assets and capital.
a separate customs territory .
"Macao, China", participate in relevant international organizations
and international trade agreements (including preferential trade
arrangements), such as the General Agreement on Tariffs and Trade
and arrangements regarding international trade in textiles.
arrangements, which are obtained or made by the Macao Special
Administrative Region or which were obtained or made but remain
valid, shall be enjoyed exclusively by the Region.
its own certificates of origin for products in accordance with
prevailing rules of origin.
accordance with law, protect the free operation of industrial and
commercial enterprises and make its own policies on the
development of industry and commerce.
shall improve the economic environment and provide legal guarantees
for promoting the development of industry and commerce and for
encouraging investments, technological progress and development of new industries and new markets.
light of its economic development, shall make labour policy and
improve labour law on its own.
consultative co-ordination organizations composed of representatives from the government, the employers' organizations
and the employees' organizations.
maintain and improve Macao's previous systems of shipping
management and shipping regulation, and make shipping policy on its
own.
the Central People's Government to maintain a shipping register and
issue related certificates under its legislation, using the name
"Macao, China".
requires the special permission of the Central People's
Government, ships shall enjoy access to the ports of the Macao
Special Administrative Region in accordance with the laws of the
Region.
and terminals in the Macao Special Administrative Region may
continue to operate freely.
Administrative Region may, with the authorization of the Central
People's Government, formulate, on its own, various systems for the
civil aviation management.
its own, make policies on tourism and recreation in the light of
its overall interests.
carry out the protection of environment in accordance with law.
in accordance with law, recognize and protect all the lawful leases
of land granted or decided upon before the establishment of the
Macao Special Administrative Region which extend beyond 19 December
1999, and all rights in relation to such leases.
accordance with the relevant land laws and policies of the Region.
Chapter VI Cultural and Social Affairs
Administrative Region shall, on its own, formulate policies on
education, including policies regarding the educational system and
its administration, the language of instruction, the allocation of funds, the examination system, the recognition of educational
qualifications and the system of academic awards so as to promote
educational development.
in accordance with law, gradually institute a compulsory education system.
with law, run educational undertakings of various kinds.
kinds in Macao may continue to operate. All educational
institutions in the Macao Special Administrative Region shall enjoy
their autonomy and teaching and academic freedom in accordance with
law.
staff and use teaching materials from outside the Macao Special
Administrative Region. Students shall enjoy freedom of choice of educational institutions and freedom to pursue their education
outside the Macao Special Administrative Region.
Region shall, on its own, formulate policies to improve medical and
health services and to develop Western and traditional Chinese
medicine. Community organizations and individuals may provide
various medical and health services in accordance with law.
Region shall, on its own, formulate policies on science and
technology and protect by law achievements in scientific and
technological research, patents, discoveries and inventions.
shall, on its own, decide on the scientific and technological
standards and specifications applicable in Macao.
Region shall, on its own, formulate policies on culture, including
literature, art, broadcasting, film and television programs.
shall protect by law the achievements and the lawful rights and
interests of authors in their literary, artistic and other
creation.
shall protect by law scenic spots, historical sites and other
historical relics as well as the lawful rights and interests of the
owners of antiques.
Region shall, on its own, formulate policies on press and
publication.
Region shall, on its own, formulate policies on sports.
Non-governmental sports organizations may continue to exist and
develop in accordance with law.
Region, consistent with the principle of religious freedom, shall
not interfere in the internal affairs of religious organizations or
in the efforts of religious organizations and believers in Macao
to maintain and develop relations with their counterparts outside
Macao, or restrict religious activities which do not contravene the
laws of the Region.
seminaries and other schools, hospitals and welfare institutions
and to provide other social services. Schools run by religious
organizations may continue to provide religious education,
including courses in religion.
the rights to acquire, use, dispose of and inherit property and the
right to receive donations. Their previous property rights and
interests shall be protected by law.
Region shall, on its own, establish a system concerning the
professions and, based on impartiality and rationality, formulate
provisions for assessing professional qualifications or
qualifications for practice in the various professions and issuing
corresponding certificates.
professional practice obtained prior to the establishment of the
Macao Special Administrative Region may retain their previous
qualifications in accordance with the relevant regulations of the
Macao Special Administrative Region.
shall, in accordance with the relevant regulations, recognize the
professions and the professional organizations recognized prior to
the establishment of the Region and may, as required by social
development and in consultation with the parties concerned,
recognize new professions and professional organizations.
system, the Government of the Macao Special Administrative Region
shall, on its own, formulate policies on the development and
improvement of the social welfare system in the light of the
economic conditions and social needs.
the Macao Special Administrative Region may, on their own, decide
their forms of service, provided that the law is not contravened.
Administrative Region shall, when necessary and possible, gradually
improve the policy previously practised in Macao in respect of subventions for non-governmental organizations in fields such as
education, science, technology, culture, sports, recreation,
medicine and health, social welfare and social work.
organizations in fields such as education, science, technology,
culture, news media, publication, sports, recreation, the
professions, medicine and health, labour, women, youth, returned
overseas nationals, social welfare and social work as well as
religious organizations in the Macao Special Administrative Region
and their counterparts in other parts of the country shall be based
on the principles of non-subordination, non-interference and mutual
respect.
education, science, technology, culture, news media, publication,
sports, recreation, the professions, medicine and health, labour,
women, youth, returned overseas nationals, social welfare and
social work as well as religious organizations in the Macao Special
Administrative Region may maintain and develop relations with their
counterparts in foreign countries and regions and with relevant
international organizations. They may, as required, use the name
"Macao, China" in the relevant activities.
Chapter VII External Affairs
Special Administrative Region may, as members of delegations of the
Government of the People's Republic of China, participate in
negotiations at the diplomatic level directly affecting the Region
conducted by the Central People's Government.
its own, using the name "Macao, China," maintain and develop
relations and conclude and implement agreements with foreign states
and regions and relevant international organizations in the
appropriate fields, including the economic, trade, financial and
monetary, shipping, communications, tourism, cultural, science and
technology, and sports fields.
Special Administrative Region may, as members of delegations of the
People's Republic of China, participate in international
organizations or conferences in appropriate fields limited to
states and affecting the Region, or may attend in such other
capacity as may be permitted by the Central People's Government and
the international organizations or conference concerned, and may
express their views, using the name "Macao, China".
"Macao, China", participate in international organizations and
conferences not limited to states.
circumstances and needs of the Region, take measures to ensure that
the Macao Special Administrative Region shall continue to retain
its status in an appropriate capacity in those international
organizations of which the People's Republic of China is a member
and in which Macao participates in one capacity or another.
circumstances and needs of the Region, facilitate the continued
participation of the Macao Special Administrative Region in an
appropriate capacity in those international organizations in which
Macao is a participant in one capacity or another, but of which the
People's Republic of China is not a member.
Administrative Region of international agreements to which the
People's Republic of China is a member or becomes a party shall be
decided by the Central People's Government, in accordance with the
circumstances and needs of the Region, and after seeking the views
of the government of the Region.
continue to be implemented in the Macao Special Administrative
Region. The Central People's Government shall, as necessary,
authorize or assist the government of the Region to make
appropriate arrangements for the application to the Region of other
relevant international agreements.
the Government of the Macao Special Administrative Region to issue,
in accordance with law, passports of the Macao Special
Administrative Region of the People's Republic of China to all
Chinese citizens who hold permanent identity cards of the Region,
and travel documents of the Macao Special Administrative Region of the People's Republic of China to all other persons lawfully
residing in the Region. The above passports and travel documents
shall be valid for all states and regions and shall record the
holder's right to return to the Region.
apply immigration controls on entry into, stay in and departure
from the Region by persons from foreign states or regions.
authorize the Government of the Macao Special Administrative Region
to negotiate and conclude visa abolition agreements with relevant
foreign states or regions.
necessary, establish official or semi-official economic and trade
missions in foreign countries and shall report the establishment of such missions to the Central People's Government for the record.
official or semi-official missions in the Macao Special
Administrative Region shall require the approval of the Central
People's Government.
states which have formal diplomatic relations with the People's
Republic of China may be maintained.
other official missions established in Macao by states which have
no formal diplomatic relations with the People's Republic of China
may either remain or change to semi-official missions.
only establish non-governmental institutions in the Region.
Chapter VIII Interpretation and Amendment of the Basic Law
vested in the Standing Committee of the National People's Congress.
The Standing Committee of the National People's Congress shall
authorize the courts of the Macao Special Administrative Region to
interpret on their own, in adjudicating cases, the provisions of this Law which are within the limits of the autonomy of the Region.
interpret other provisions of this Law in adjudicating cases.
However, if the courts of the Region, in adjudicating cases, need
to interpret the provisions of this Law concerning affairs which
are the responsibility of the Central People's Government, or
concerning the relationship between the Central Authorities and the
Region, and if such interpretation will affect the judgments in the
cases, the courts of the Region shall, before making their final
judgments which are not appealable, seek an interpretation of the
relevant provisions from the Standing Committee of the National
People's Congress through the Court of Final Appeal of the Region.
When the Standing Committee makes an interpretation of the
provisions concerned, the courts of the Region, in applying those
provisions, shall follow the interpretation of the Standing
Committee. However, judgments previously rendered shall not be
affected.
consult its Committee for the Basic Law of the Macao Special
Administrative Region before giving an interpretation of this Law.
vested in the National People's Congress.
vested in the Standing Committee of the National People's Congress,
the State Council, and the Macao Special Administrative Region.
Amendment bills from the Macao Special Administrative Region shall
be submitted to the National People's Congress by the delegation of the Region to the National People's Congress after obtaining
the
consent of two-thirds of the deputies of the Region to the National
People's Congress, two-thirds of all the members of the Legislative
Council of the Region, and the Chief Executive of the Region.
of the National People's Congress, the Committee for the Basic Law
of the Macao Special Administrative Region shall study it and
submit its views.
basic policies of the People's Republic of China regarding Macao.
Chapter IX Supplementary Provisions
Administrative Region, the laws previously in force in Macao shall
be adopted as laws of the Region except for those which the
Standing Committee of the National People's Congress declares to be
in contravention of this Law. If any laws are later discovered to
be in contravention of this Law, they shall be amended or cease to
have force in accordance with the provisions of this Law and legal
procedure.
previously in force in Macao, and the rights and obligations
provided for in such documents, certificates or contracts shall
continue to be valid and be recognized and protected by the Macao
Special Administrative Region, provided that they do not contravene
this Law.
terms of validity extend beyond 19 December 1999 shall continue to
be valid except those which a body authorized by the Central
People's Government publicly declares to be inconsistent with the
provisions about transitional arrangements contained in the Sino-
Portuguese Joint Declaration and which need to be re-examined by
the Government of the Macao Special Administrative Region.
Annex I Method for the Selection of the Chief Executive
of the Macao Special Administrative Region
representative Election Committee in accordance with this Law and
appointed by the Central People's Government.
2. The Election Committee shall be composed of 300 members
from the following sectors:
years.
in each sector eligible to return Election Committee members and
the number of such members returned by each of these organizations
shall be prescribed by an electoral law enacted by the Macao
Special Administrative Region in accordance with the principles of democracy and openness.
members to the Election Committee, in accordance with the number of seats allocated and the election methods as prescribed by the
electoral law.
individual capacities.
nominated jointly by not less than 50 members of the Election
Committee. Each member may nominate only one candidate.
on a one-person-one-vote basis. The specific election method
shall be prescribed by the electoral law.
with the "Decision of the National People's Congress of the
People's Republic of China on the Method for the Formation of the
First Government, the First Legislative Council and the First
Judiciary of the Macao Special Administrative Region".
Chief Executive for the terms subsequent to the year 2009, such
amendments must be made with the endorsement of a two-thirds
majority of all the members of the Legislative Council and the
consent of the Chief Executive, and they shall be reported to the
Standing Committee of the National People's Congress for approval.
Annex II Method for the Formation of the Legislative Council
of the Macao Special Administrative Region
in accordance with the "Decision of the National People's Congress
of the People's Republic of China on the Method for the Formation
of the First Government, the First Legislative Council and the
First Judiciary of the Macao Special Administrative Region".
of 27:
shall be composed of 29:
shall be specified by an electoral law introduced by the Government
of the Macao Special Administrative Region and passed by the
Legislative Council.
Legislative Council of the Macao Special Administrative Region in
and after 2009, such amendments must be made with the endorsement
of a two-thirds majority of all the members of the Council and the
consent of the Chief Executive, and they shall be reported to the
Standing Committee of the National People's Congress for the
record.
Annex III National Laws to Be Applied in the Macao
Special Administrative Region
effect from 20 December 1999 by way of promulgation or legislation
by the Macao Special Administrative Region:
National Flag of the People's Republic of China
Diplomatic Privileges and Immunities
Consular Privileges and Immunities
Sea and the Contiguous Zone
URL: http://www.asianlii.org/cn/legis/cen/laws/msarbl360