The Basic Law of the Macao Special Administrative Region of the
People's Republic of China
(Adopted
at the First Session of the Eighth National People's Congress on March 31, 1993
and promulgated by Order No.3 of the President
of the People's Republic of
China on March 31, 1993, and effective as of December 20, 1999)
Contents
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 Special Administrative Region
Preamble
Macao, including the Macao Peninsula,
Taipa Island and Coloane 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.
Upholding national unity and territorial
integrity, 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.
In accordance with the Constitution of the
People's Republic 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
Article 1 The Macao Special Administrative Region is an inalienable
part of the People's Republic of China.
Article 2 The National People's Congress authorizes the Macao 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.
Article 3 The executive authorities and legislature of the Macao
Special Administrative Region shall be composed of permanent residents of Macao
in accordance with the relevant provisions of this Law.
Article 4 The Macao Special Administrative Region shall 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.
Article 5 The socialist system and policies shall not be practised in
the Macao Special Administrative Region, and the previous capitalist system
and
way of life shall remain unchanged for 50 years.
Article 6 The Macao Special Administrative Region shall protect the
right of private ownership of property in accordance with law.
Article 7 The land and natural resources within the Macao Special
Administrative Region shall be State property, except for the private land
recognized
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.
Article 8 The laws, decrees, administrative regulations and 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.
Article 9 In addition to the Chinese language, Portuguese may also be
used as an official language by the executive authorities, legislature
and
judiciary of the Macao Special Administrative Region.
Article 10 Apart from displaying the national flag and national emblem
of the People's Republic of China, the Macao Special Administrative Region
may
also use a regional flag and regional emblem.
The regional flag of the Macao Special
Administrative Region is a green flag with five stars, lotus flower, bridge and
sea water.
The regional emblem of the Macao Special
Administrative Region 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.
Article 11 In accordance with Article 31 of the Constitution 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.
No law, decree, administrative regulations
and normative acts of the Macao Special Administrative Region shall contravene
this Law.
Chapter
II
Relationship Between the
Central Authorities
And
the Macao Special Administrative Region
Article 12 The Macao Special Administrative Region shall be 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.
Article 13 The Central People's Government shall be responsible for the
foreign affairs relating to the Macao Special Administrative Region.
The Ministry of Foreign Affairs of the
People's Republic of China shall establish an office in Macao to deal with
foreign affairs.
The Central People's Government authorizes
the Macao Special Administrative Region to conduct relevant external affairs on
its own
in accordance with this Law.
Article 14 The Central People's Government shall be responsible for the
defence of the Macao Special Administrative Region.
The Government of the Macao Special
Administrative Region shall be responsible for the maintenance of public order
in the Region.
Article 15 The Central People's Government shall appoint or 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.
Article 16 The Macao Special Administrative Region shall be 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.
Article 17 The Macao Special Administrative Region shall be vested with
legislative power.
Laws enacted by the legislature of the
Macao Special 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.
If the Standing Committee of the National
People's Congress, 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.
Article 18 The laws in force in the Macao Special 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.
National laws shall not be applied in the
Macao Special 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.
The Standing Committee of the National
People's Congress may 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.
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 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.
Article 19 The Macao Special Administrative Region shall be vested with
independent judicial power, including that of final adjudication.
The courts of the Macao Special
Administrative Region shall 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.
The courts of the Macao Special
Administrative Region shall 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 courts. Before issuing such a certificate, the
Chief Executive shall obtain a certifying document from the Central People's
Government.
Article 20 The Macao Special Administrative Region may enjoy 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.
Article 21 Chinese citizens who are residents of the Macao Special
Administrative Region shall be entitled to participate in the management of
state affairs according to law.
In accordance with the assigned number of
seats and the 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.
Article 22 No department of the Central People's Government 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.
If there is a need for departments of the
Central Government, 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.
All offices set up in the Macao Special
Administrative Region 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.
For entry into the Macao Special
Administrative Region, people 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.
The Macao Special Administrative Region
may establish an office in Beijing.
Article 23 The Macao Special Administrative Region shall 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
Article 24 Residents of the Macao Special
Administrative Region ("Macao residents") shall include permanent
residents and
non-permanent residents.
The permanent residents of the Macao
Special Administrative Region shall be:
(1) Chinese citizens born in Macao before
or after the establishment of the Macao Special Administrative Region and their
children
of Chinese nationality born outside Macao;
(2) Chinese citizens who have ordinarily
resided in Macao for 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;
(3) The Portuguese who were born in Macao
and have taken Macao as their place of permanent residence before or after the
establishment
of the Macao Special Administrative Region;
(4) The Portuguese who have ordinarily
resided in Macao for a 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;
(5) Other persons who have ordinarily
resided in Macao for a 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;
(6) Persons under 18 years of age born in
Macao of those residents listed in category (5) before or after the establishment of the Macao Special
Administrative Region.
The above-mentioned residents shall have
the right of abode in the Macao Special Administrative Region and shall be
qualified to obtain
permanent identity cards.
The non-permanent residents of the Macao
Special 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.
Article 25 All Macao residents shall be
equal before the law, 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.
Article 26 Permanent residents of the
Macao Special Administrative Region shall have the right to vote and the right
to stand for
election in accordance with law.
Article 27 Macao residents shall have freedom of speech, of the press
and of publication; freedom of association, of assembly, of procession
and of
demonstration; and the right and freedom to form and join trade unions, and to
strike.
Article 28 The freedom of the person of
Macao residents shall be inviolable.
No Macao resident shall be subjected to
arbitrary or unlawful 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.
Unlawful search of the body of any
resident or deprivation or restriction of the freedom of the person shall be
prohibited.
Torture or inhuman treatment of any
resident shall be prohibited.
Article 29 Macao residents shall not be
punished by law, unless their acts constitute a crime and they shall be
punished for it as
expressly prescribed by law at the time.
When charged with criminal offences, Macao
residents shall enjoy the right to an early court trial and shall be presumed
innocent
before convicted.
Article 30 The human dignity of Macao
residents shall be inviolable. Humiliation, slander and false accusation
against residents in
any form shall be prohibited.
Macao residents shall enjoy the right to
personal reputation and the privacy of their private and family life.
Article 31 The homes and other premises of Macao residents shall be
inviolable. Arbitrary or unlawful search of, or intrusion into, a resident's
home
or other premises shall be prohibited.
Article 32 The freedom and privacy of communication of Macao 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.
Article 33 Macao residents shall have freedom of movement 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.
Article 34 Macao residents shall have freedom of conscience.
Macao residents shall have freedom of
religious belief and freedom to preach and to conduct and participate in
religious activities
in public.
Article 35 Macao residents shall have freedom of choice of occupation
and work.
Article 36 Macao residents shall have the right to resort to law and to
have access to the courts, to lawyers' help for protection of their lawful
rights and interests, and to judicial remedies.
Macao residents shall have the right to
institute legal proceedings in the courts against the acts of the executive
authorities and
their personnel.
Article 37 Macao residents shall have freedom to engage in
education, academic research, literary and artistic creation, and other
cultural activities.
Article 38 The freedom of marriage of Macao residents and their
right to form and raise a family freely shall be protected by law.
The legitimate rights and interests of
women shall be protected by the Macao Special Administrative Region.
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 welfare in
accordance with law. The welfare benefits and retirement security of the
labour
force shall be protected by law.
Article 40 The provisions of International Covenant on Civil 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.
The rights and freedoms enjoyed by Macao
residents shall not be restricted unless as prescribed by law. Such
restrictions shall not
contravene the provisions of the first paragraph of this
Article.
Article 41 Macao residents shall enjoy the other rights and freedoms
safeguarded by the laws of the Macao Special Administrative Region.
Article 42 The interests of the residents of Portuguese 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.
Article 43 Persons in the Macao Special
Administrative Region other than Macao residents shall, in accordance with law,
enjoy the
rights and freedoms of Macao residents prescribed in this Chapter.
Article 44 Macao residents and other persons in Macao shall have the
obligation to abide by the laws in force in the Macao Special Administrative
Region.
Chapter
IV
Political Structure
Section
1
The
Chief Executive
Article 45 The Chief Executive of the Macao
Special Administrative Region shall be the head of the Macao Special
Administrative Region
and shall represent the Region.
The Chief Executive of the Macao Special
Administrative Region shall be accountable to the Central People's Government
and the Macao
Special Administrative Region in accordance with the provisions
of this Law.
Article 46 The Chief Executive of the
Macao Special 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.
Article 47 The Chief Executive of the
Macao Special Administrative Region shall be selected by election or through
consultations held
locally and be appointed by the Central People's Government.
The specific method for selecting the
Chief Executive is prescribed in
Annex I: "Method for the Selection of the Chief Executive of the Macao
Special Administrative Region".
Article 48 The term of office of the Chief Executive of the Macao
Special Administrative Region shall be five years. He or she may serve for
not
more than two consecutive terms.
Article 49 The Chief Executive of the
Macao Special 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.
Article 50 The Chief Executive of the
Macao Special Administrative Region shall exercise the following powers and
functions:
(1) To lead the government of the Region;
(2) To be responsible for the
implementation of this Law and other laws which, in accordance with this Law,
apply in the Macao Special
Administrative Region;
(3) To sign bills passed by the
Legislative Council and to promulgate laws;
To sign budgets passed by the Legislative
Council and report the budgets and final accounts to the Central People's
Government for
the record;
(4) To decide on government policies and
to issue executive orders;
(5) To formulate the administrative
regulations and promulgate them for implementation;
(6) To nominate and to report to the
Central People's Government for appointment of 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;
(7)
To appoint part of the members of the Legislative Council;
(8) To appoint or remove members of the
Executive Council;
(9) To appoint or remove presidents and
judges of the courts at all levels and procurators in accordance with legal
procedures;
(10) To nominate and report to the Central
People's Government 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;
(11) To appoint or remove holders of
public office in accordance with legal procedures;
(12) To implement the directives issued by
the Central People's Government in respect of the relevant matters provided for
in this
Law;
(13) To conduct, on behalf of the
Government of the Macao Special Administrative Region, external affairs and
other affairs as authorized
by the Central Authorities;
(14) To approve the introduction of
motions regarding revenues or expenditure to the Legislative Council;
(15) To decide, in the light of security
and vital public interests, whether government officials or other personnel in
charge of
government affairs should testify or give evidence before the
Legislative Council or its committees;
(16) To confer medals and titles of honour
of the Macao Special Administrative Region in accordance with law;
(17) To pardon persons convicted of
criminal offences or commute their penalties in accordance with law; and
(18) To handle petitions and complaints.
Article 51 If the Chief Executive of the
Macao Special 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.
Article 52 The Chief Executive of the
Macao Special Administrative Region may dissolve the Legislative Council under
any of the following
circumstances:
(1) The Chief Executive refuses to sign a bill passed the
second time by the Legislative Council; and
(2) The Legislative Council refuses to
pass a budget 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.
Before dissolving the Legislative Council,
the Chief Executive must consult the Executive Council and he or she shall
explain the
reason for it to the public.
The Chief Executive may dissolve the
Legislative Council only once in each term of his or her office.
Article 53 If the Legislative Council of
the Macao Special 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.
Article 54 The Chief Executive of the Macao Special Administrative
Region must resign under any of the following circumstances;
(1) When he or she loses the ability to
discharge his or her duties as a result of serious illness or other
reasons;
(2) When, after the Legislative Council is
dissolved because 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
(3) When, after the Legislative Council is
dissolved because 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.
Article 55 If the Chief Executive of the
Macao Special 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.
In the event that the office of Chief
Executive becomes 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.
Article 56 The Executive Council of the
Macao Special Administrative Region shall be an organ for assisting the Chief
Executive in
policy-making.
Article 57 Members of the Executive
Council of the Macao 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.
Members of the Executive Council of the
Macao Special Administrative Region shall be Chinese citizens who are permanent
residents
of the Region.
The Executive Council shall be composed of
seven to eleven persons. The Chief Executive may, as he or she deems necessary,
invite
other persons concerned to sit in on meetings of the Council.
Article 58 The Executive Council of the
Macao Special 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.
If the Chief Executive does not accept a
majority opinion of the Executive Council, he or she shall put the specific
reasons on record.
Article 59 A Commission Against Corruption
shall be established in the Macao Special Administrative Region. It shall
function independently
and its Commissioner shall be accountable to the Chief
Executive.
Article 60 A Commission of Audit shall be established in the
Macao Special Administrative Region. It shall function independently and its Director
shall be accountable to the Chief Executive.
Section
2
The Executive Authorities
Article 61 The Government of the Macao
Special Administrative Region shall be the executive authorities of the Region.
Article 62 The head of the Government of the Macao Special
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.
Article 63 The principal officials of the Macao Special 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.
The Principal officials of the Macao
Special Administrative 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.
Article 64 The Government of the Macao
Special Administrative Region shall exercise the following powers and
functions:
(1) To formulate and implement policies;
(2) To conduct administrative affairs;
(3) To conduct external affairs as
authorized by the Central People's Government under this Law;
(4) To draw up and introduce budgets and
final accounts;
(5) To introduce bills and motions and to
draft administrative regulations; and
(6) To designate officials to sit in on
the meetings of the Legislative Council to hear opinions or speak on behalf of
the government.
Article 65 The Government of the Macao
Special Administrative 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.
Article 66 The Executive authorities of the Macao Special
Administrative Region may, when necessary, establish advisory bodies.
Section
3
The Legislature
Article 67 The Legislative Council of the Macao Special Administrative
Region shall be the legislature of the Region.
Article 68 The Legislative Council of the Macao Special Administrative
Region shall be composed of permanent residents of the Region.
The majority of its members shall be
elected.
The method for forming the Legislative
Council is prescribed in Annex II: Method for the Formation of the Legislative
Council of the
Macao Special Administrative Region.
Members of the Legislative Council, upon
assuming office, shall declare their financial situation in accordance with
legal procedures.
Article 69 The term of office of the Legislative Council of the Macao
Special Administrative Region shall be four years, except for the first
term
which shall be stipulated otherwise.
Article 70 If the Legislative Council of the Macao Special
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.
Article 71 The Legislative Council of the
Macao Special Administrative Region shall exercise the following powers and
functions:
(1)
To enact, amend, suspend or repeal laws in accordance with the
provisions of this Law and legal procedures;
(2)
To examine and approve budgets introduced by the government; and examine
the report on audit introduced by the government;
(3) To decide on taxation according to government motions
and approve debts to be undertaken by the government;
(4) To receive and debate the policy addresses of the
Chief Executive;
(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
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
(8) To summon, as required when exercising the
above-mentioned powers and functions, persons concerned to testify or give
evidence.
Article 72 The Legislative Council of the Macao Special Administrative
Region shall have a President and a Vice President who shall be elected
by and
from among the members of the Legislative Council.
The President and Vice President of the
Legislative Council 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.
Article 73 In case of absence of the President of the Legislative
Council of the Macao Special Administrative Region, the Vice President shall
act as President.
In the event that the office of President
or of Vice President of the
Legislative Council becomes vacant, new President or Vice President shall be
elected.
Article 74 The President of the Legislative Council of the Macao
Special Administrative Region shall exercise the following powers and
functions:
(1) To preside over meetings;
(2) To decide on the agenda, giving priority to government
bills for inclusion in the agenda upon the request of the Chief Executive;
(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 request of the Chief Executive; and
(6) To exercise other powers and functions as prescribed
in the rules of procedure of the Legislative Council.
Article 75 Members of the Legislative Council of the Macao 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.
Article 76 Members of the Legislative Council of the Macao Special
Administrative Region shall have the right to raise questions about the
government
work in accordance with legal procedures.
Article 77 The quorum for the meeting of the Legislative 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.
The rules of procedure of the Legislative
Council shall be made by the Council on its own, provided that they do not contravene
this
Law.
Article 78 A bill passed by the Legislative Council of the Macao
Special Administrative Region may take effect only after it is signed and
promulgated
by the Chief Executive.
Article 79 Members of the Legislative Council of the Macao Special
Administrative Region shall be
immune from legal action in respect of their statements and voting at meetings
of the Council.
Article 80 Members of the Legislative Council of the Macao Special
Administrative Region, excluding active criminals, shall not be subjected
to
arrest without the permission of the Council.
Article 81 The President of the Legislative Council of the 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:
(1) When he or she loses the ability to discharge his or
her duties as a result of serious illness or other reasons;
(2) When he or she assumes posts which he or she is not
permitted by law to hold concurrently;
(3) When he or she, with no valid reason, is absent from
meetings for five consecutive times or for 15 times intermittently without the
consent of the President of the Legislative Council;
(4) When he or she breaches his or her oath; and
(5) When he or she is convicted and sentenced to
imprisonment for more than 30 days for a criminal offence committed within or
outside
the Region.
Section
4
The
Judiciary
Article 82 The courts of the Macao Special Administrative Region shall
exercise the judicial power.
Article 83 The courts of the Macao Special Administrative Region shall
exercise judicial power independently. They shall be subordinated to nothing
but law and shall not be subject to any interference.
Article 84 The primary courts, intermediate courts and Court of Final Appeal shall be
established in the Macao Special Administrative Region.
The power of final adjudication of the
Macao Special Administrative Region shall be vested in the Court of Final
Appeal of the Region.
The structure, powers and functions as well as operation of the courts of the Macao Special Administrative Region shall be prescribed by law.
Article 85 The primary courts of the Macao Special Administrative
Region may, when necessary, establish special courts.
The previous system concerning criminal
prosecution shall be maintained.
Article 86 An administrative court shall be established in 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.
Article 87 Judges of the courts of the Macao Special 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.
A judge may only be removed for inability
to discharge his or 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.
The removal of the judges of the Court of Final
Appeal shall 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.
The appointment and removal of the judges
of the Court of Final Appeal shall be reported to the Standing Committee of the
National
People's Congress for the record.
Article 88 The presidents of courts of the Macao Special Administrative
Region at all levels shall be chosen from among judges and appointed
by the
Chief Executive.
The President of the Court of Final
Appeal of the Macao Special
Administrative Region shall be a Chinese citizen who is a permanent resident of
the Region.
The appointment and removal of the
President of the Court of Final Appeal shall be reported to the Standing
Committee of the National
People's Congress for the record.
Article 89 The judges of the Macao Special Administrative 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.
Judges shall be immune from legal action
for discharging his or her judicial functions.
During the term of his or her office, a
judge shall not concurrently assume other public or private posts, nor shall he
or she assume
any post in organizations of a political nature.
Article 90 The procuratorates of the Macao Special Administrative
Region shall exercise procuratorial functions as vested by law, independently
and free from any interference.
The Procurator-General of the Macao
Special Administrative 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.
Procurators shall be nominated by the
Procurator-General and appointed by the Chief Executive.
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 appointment and removal of
supporting members of the judiciary shall be maintained.
Article 92 On the basis of the system previously operating in 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.
Article 93 The Macao Special Administrative Region may, 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.
Article 94 With the assistance or authorization of the Central
People's Government, the Macao
Special Administrative Region may make appropriate arrangements with foreign
states for reciprocal judicial
assistance.
Section 5
Municipal
Organs
Article 95 Municipal organizations which are not organs of political
power may be established in the Macao Special 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.
Article 96 The functions, powers and structure of the municipal
organizations shall be prescribed by law.
Section 6
Public
Servants
Article 97 Public servants
serving in the Macao Special 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.
Article 98 Upon the establishment of the Macao Special 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.
The Government of the Macao Special
Administrative Region 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.
Article 99 The Government of the Macao Special Administrative 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.
The relevant government departments of the
Macao Special Administrative Region may also employ Portuguese and other foreign
nationals
as advisers or to fill professional and technical posts.
These individuals shall be employed only
in their individual capacities and shall be responsible to the Government of
the Macao Special
Administrative Region.
Article 100 The appointment and promotion of public servants 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.
Section 7
Swearing
Allegiance
Article 101 The Chief Executive, principal
officials, members 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.
Article 102 When assuming office, the Chief Executive, 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
Article 103 The Macao Special Administrative Region shall, in 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.
Such compensation shall correspond to the
real value of the property concerned at the time and shall be freely convertible and paid without undue
delay.
The ownership of enterprises and the
investments from outside the Region shall be protected by Law.
Article 104 The Macao Special Administrative Region shall have independent
finances.
All the financial revenues of the Macao
Special Administrative Region shall be managed and controlled by the Region
itself and shall not be handed
over to the Central People's Government.
The Central People's Government shall not
levy taxes in the Macao Special Administrative Region.
Article 105 The Macao Special
Administrative Region shall 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.
Article 106 The Macao Special Administrative Region shall practise an
independent taxation system.
The Macao Special Administrative Region
shall, taking the low 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.
Article 107 The monetary and financial systems of the Macao Special
Administrative Region shall be prescribed by law.
The Government of the Macao Special
Administrative Region 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.
Article 108 The Macao Pataca, as the legal tender in the Macao Special
Administrative Region, shall continue to circulate.
The authority to issue Macao currency
shall be vested in the 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.
The Government of the Macao Special
Administrative Region may authorize designated banks to perform or continue to
perform the function
of its agents in the issuance of Macao currency.
Article 109 No foreign exchange control policies shall be applied in the
Macao Special Administrative Region. The Macao Pataca shall be freely
convertible.
The foreign exchange reserve of the Macao
Special Administrative Region shall be managed and controlled by the Government
of the Macao
Special Administrative Region according to law.
The Government of the Macao Special
Administrative Region shall safeguard the free flow of capital within, into and
out of the Region.
Article 110 The Macao Special Administrative Region shall maintain the
status of a free port and shall not impose any tariff unless otherwise prescribed by law.
Article 111 The Macao Special Administrative Region shall pursue the
policy of free trade and safeguard the free movement of goods, intangible
assets and capital.
Article 112 The Macao Special Administrative Region shall be a separate
customs territory .
The Macao Special Administrative Region
may, using the name "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.
Export quotas, tariff preferences and
other similar 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.
Article 113 The Macao Special Administrative Region may issue its own
certificates of origin for products in accordance with prevailing rules
of origin.
Article 114 The Macao Special
Administrative Region shall, in accordance with law, protect the free operation
of industrial and commercial
enterprises
and make its own policies
on the development of industry and commerce.
The Government of the Macao Special
Administrative Region 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.
Article 115 The Macao Special Administrative Region, in the light of its
economic development, shall make labour policy and improve labour law
on its
own.
The Macao Special Administrative Region
shall establish consultative co-ordination organizations composed of
representatives from
the government, the employers' organizations and the
employees' organizations.
Article 116 The Macao Special Administrative Region shall maintain and improve Macao's previous
systems of shipping management and shipping regulation, and make shipping
policy on its own.
The Macao Special Administrative Region
shall be authorized by the Central People's Government to maintain a shipping
register and
issue related certificates under its legislation, using the name
"Macao, China".
With the exception of foreign warships,
access for which 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.
Private shipping businesses and shipping-related
businesses and terminals in the Macao Special Administrative Region may
continue
to operate freely.
Article 117 The Government of the Macao
Special Administrative Region may, with the authorization of the Central
People's Government,
formulate, on its own, various systems for the civil
aviation management.
Article 118 The Macao Special
Administrative Region shall, on
its own, make policies on tourism and recreation in the light of its overall interests.
Article 119 The Macao Special Administrative Region shall carry out the
protection of environment in accordance with law.
Article 120 The Macao Special
Administrative Region shall, 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.
The grant or renewal of land leases after
the establishment of the Macao Special Administrative Region shall be dealt
with in accordance
with the relevant land laws and policies of the Region.
Chapter VI
Cultural
and Social Affairs
Article 121 The Government of the Macao Special 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.
The Government of the Macao Special
Administration Region shall, in accordance with law, gradually institute a
compulsory education
system.
Community organizations and individuals
may, in accordance with law, run educational undertakings of various kinds.
Article 122 The existing educational institutions of all 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.
Educational institutions of all kinds may
continue to recruit 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.
Article 123 The Government of the Macao
Special Administrative 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.
Article 124 The Government of the Macao
Special Administrative 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.
The Government of the Macao Special
Administrative Region shall, on its own, decide on the scientific and
technological standards
and specifications applicable in Macao.
Article 125 The Government of the Macao
Special Administrative Region shall, on its own, formulate policies on culture,
including
literature, art, broadcasting, film and television programs.
The Government of the Macao Special
Administrative Region shall protect by law the achievements and the lawful
rights and interests
of authors in their literary, artistic and other creation.
The Government of the Macao Special
Administrative Region 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.
Article 126 The Government of the Macao Special
Administrative Region shall, on its own, formulate policies on press and
publication.
Article 127 The Government of the Macao
Special Administrative Region shall, on its own, formulate policies on sports.
Non-governmental
sports organizations may continue to exist and develop in
accordance with law.
Article 128 The Government of the Macao
Special Administrative 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.
Religious organizations may, in accordance
with law, run 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.
Religious organizations shall, in accordance with law, enjoy 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.
Article 129 The Government of the Macao
Special Administrative 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.
Persons with professional qualifications
or qualifications for 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.
The Government 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.
Article 130 On the basis of the previous social welfare 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.
Article 131 Local
organizations providing social services in the Macao Special Administrative
Region may, on their own , decide their forms of
service, provided that the law
is not contravened.
Article 132 The
Government of the Macao Special 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.
Article 133 The
relationship between non-governmental 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.
Article 134
Non-governmental 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 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
Article 135 Representatives of the Government of the Macao 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.
Article 136 The Macao
Special Administrative Region may on 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.
Article 137
Representatives of the Government of the Macao 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".
The Macao Special Administrative Region
may, using the name "Macao, China", participate in international organizations
and
conferences not limited to states.
The Central People's Government shall, in
accordance with the 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.
The Central People's Government shall, in
accordance with the 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.
Article 138 The
application to the Macao Special 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.
International agreements to which the
People's Republic of China is not a party but which are implemented in Macao
may 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.
Article 139 The Central
People's Government shall authorize 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.
The Government of the Macao Special
Administrative Region may apply immigration controls on entry into, stay in and
departure from
the Region by persons from foreign states or regions.
Article 140 The Central People's Government shall assist or authorize
the Government of the Macao Special Administrative Region to negotiate and
conclude
visa abolition agreements with relevant foreign states or regions.
Article 141 The Macao Special Administrative Region may, as 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.
Article 142 The establishment of foreign consular and other official or
semi-official missions in the Macao Special Administrative Region shall
require
the approval of the Central People's Government.
Consular and other official missions
established in Macao by states which have formal diplomatic relations with the
People's Republic
of China may be maintained.
According to the circumstances of each
case, consular and 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.
States not recognized by the People's
Republic of China may only establish non-governmental institutions in the
Region.
Chapter
VIII
Interpretation
and Amendment of the Basic Law
Article 143 The power of interpretation of this Law shall be 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.
The courts of the Macao Special
Administrative Region may also 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.
The Standing Committee of the National
People's Congress shall consult its Committee for the Basic Law of the Macao
Special Administrative
Region before giving an interpretation of this Law.
Article 144 The power of amendment of this Law shall be vested in the
National People's Congress.
The power to propose bills for amendments
to this Law shall be 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.
Before a bill for amendment to this Law is
put on the agenda 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.
No amendment to this Law shall contravene
the established basic policies of the People's Republic of China regarding
Macao.
Chapter IX
Supplementary
Provisions
Article 145 Upon the establishment of the Macao Special 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.
Documents, certificates and
contracts valid under the laws 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.
The contracts signed by the Portuguese
Macao Government whose 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
1. The Chief Executive shall be elected by
a broadly 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:
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 years.
3.
The delimitation of the various sectors, the organizations 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.
Corporate bodies in various sectors shall,
on their own, elect members to the Election Committee, in accordance with the
number of
seats allocated and the election methods as prescribed by the
electoral law.
Members of the Election Committee shall
vote in their individual capacities.
4.
Candidates for the office of Chief Executive may be nominated jointly by
not less than 50 members of the Election Committee. Each member may nominate only one candidate.
5. The Election Committee shall, on the
basis of the list of the nominees, elect the Chief Executive designate by
secret ballot on a one-person-one-vote
basis. The specific election
method shall be prescribed by the electoral law.
6. The first Chief Executive shall be
selected 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".
7. If there is a need to amend the method
for selecting the 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
I. In the first term, the Legislative
Council shall be formed 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".
The Legislative Council in the second term
shall be composed of 27:
Members directly returned:
10
Members indirectly returned:
10
Appointed members:
7
The Legislative Council in the third and
subsequent terms shall be composed of 29:
Members directly returned:
12
Members indirectly returned:
10
Appointed members:
7
II. The method for electing members of the
Legislative Council shall be specified by an electoral law introduced by the
Government
of the Macao Special Administrative Region and passed by the
Legislative Council.
III. If there is a need to change the
method for forming the 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 Be Applied in the Macao Special Administrative Region
The following national laws shall be
applied locally with effect from December20，1999 by way of promulgation or
legislation by the
Macao Special Administrative Region:
1. Resolution on the Capital, Calendar,
National Anthem and National Flag of the People's Republic of China
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 Diplomatic Privileges and Immunities
5. Regulations of the People's Republic of
China Concerning Consular Privileges and Immunities
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 Sea and the Contiguous Zone
