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Documents
Special> 10th Anniversary of Macao's Return to China> Documents
UPDATED: December 16, 2009
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
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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 seven 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 seven 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 piovisions 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 provision 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 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 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.

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