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Special> 15th Anniversary of Macao's Reunification With China> For Your Information> Documents
UPDATED: December 9, 2009
The Draft Basic Law of the Macao Special Administrative Region of the People's Republic of China
(For Solicitation of Opinions)
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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, benefiting the social stability and economic development of Macao, 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, with the exception of the private land as stipulated by the previous law of Macao, shall be State property. 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, save for whatever therein may contravene 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

The regional emblem of the Macao Special Administrative Region is

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.

Aticle 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.

sIf 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 the 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;

(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;

(3) Persons of Chinese nationality born outside Macao of those permanent residents listed in categories (1) and (2);

(4) The Portuguese who were born in Macao before or after the establishment of the Macao Special Administrative Region and have taken Macao as their place of permanent residence;

(5) The Portuguese who have ordinarily resided in Macao for a continous period of not less than 7 years before or after the establishment of the Macao Special Administrative Region and have taken Macao as their place of permanent residence;

(6) Other persons who have ordinarily resided in Macao for a continuous period of not less than 7 years before or after the establishment of the Macao Special Administrative Region and have taken Macao as their place of permanent residence;

(7) Persons under 1 years of age born in Macao of those residents listed in category (6) 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 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. To cope with arbitrary or unlawful detention or imprisonment, residents have the right to apply to the court for the issuance of a writ of habeas corpus to prevent the arbitrary use of power. Unlawful search of the body of any resident, deprivation or restriction of the freedom of the person shall be prohibited. Torture of or inhuman treatment towards any resident shall be prohibited.

Article 29 Macao residents shall not be punished by law, except for those whose acts are prescribed as a crime in accordance with the provisions of the law and shall be punished.

When they are charged with criminal offences, Macao residents shall enjoy the right to be tried by the court as early as possible and, before convicted, shall be presumed innocent.

Articel 30 The human dignity of Macao residents shall be inviolable. Any means of humiliation, slander and false accusation against residents shall be prohibited.

Macao residents shall enjoy the right to personal honour and the privacy of the 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, in accordance with law, have the right to obtain travel documents. 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, to have access to the courts, and to get help from lawyers for protection of their lawful rights and interests, and to obtain 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 underaged, 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 labour conventions as applied to Macao shall remain in force and shall be implemented through the laws of the Macao Special Administrative Region.

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 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 The rights and freedoms enjoyed by Macao residents shall not be restricted unless as prescribed by law. Such restrictions as prescribed by law shall be limited to those necessary for safeguarding the state security, social order, public sanitation and morality as well as others' rights and freedoms.

Aticle 44 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 45 Macao residents and other persons in Macao shall have the obligation to abide by the laws in force in the Macao Special Administrative Region.

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