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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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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 to Be Applied in the Macao Special Administrative Region

The following national laws shall be applied locally with effect from 20 December 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.

Decision of the National People's Congress on the Method for the Formation of the First Government, the First Legislative Council and the First Judiciary of the Macao Special Administrative Region

Adopted by the Eighth National People's Congress at its First Session on 31 March 1993

1. The First Government, the First Legislative Council and the First Judiciary shall be formed in accordance with the principles of state sovereignty and smooth transition.

2. The National People's Congress shall establish a Preparatory Committee for the Macao Special Administrative Region, which shall be responsible for preparing the establishment of the Region and shall prescribe the specific method for forming the First Government, the First Legislative Council and the First Judiciary in accordance with this Decision. The Preparatory Committee shall be composed of mainland members and of Macao members who shall constitute not less than 50 percent of its membership. Its Chairman and members shall be appointed by the Standing Committee of the National People's Congress.

3. The Preparatory Committee for the Macao Special Administrative Region shall be responsible for preparing the establishment of the Selection Committee for the First Government of the Macao Special Administrative Region ("the Selection Committee").

The Selection Committee shall be composed entirely of permanent residents of Macao and must be broadly representative. It shall include Macao deputies to the National People's Congress, representatives of Macao members of the National Committee of the Chinese People's Political Consultative Conference, persons with practical experience who have served in Macao's executive, legislative and advisory organs prior to the establishment of the Macao Special Administrative Region, and persons representative of various strata and sectors of society.

The Selection Committee shall be composed of 200 members, among whom:

Industrial, commercial and financial sectors: 60

Cultural and educational sectors and other professions: 50

Labour, social services, religious and other sectors: 50

Former political figures, Macao deputies to the National People's Congress, and representatives of the Macao members of the National Committee of the Chinese People's Political Consultative Conference: 40

4. The Selection Committee shall recommend the candidate for the first Chief Executive through local consultations or through nomination and election after consultation, and report the recommended candidate to the Central People's Government for appointment. The term of office of the first Chief Executive shall be the same as the regular term. 5. The Chief Executive of the Macao Special Administrative Region shall be responsible for preparing the formation of the First Government of the Region in accordance with this Law.

6. The first Legislative Council of the Macao Special Administrative Region shall be composed of 23 members, with 8 members returned through direct elections, 8 members returned through indirect elections, and 7 members appointed by the Chief Executive. If the composition of the last Macao Legislative Council before the establishment of the Macao Special Administrative Region is in conformity with the relevant provisions of this Decision and the Basic Law of the Macao Special Administrative Region, those of the elected members who uphold the Basic Law of the Macao Special Administrative Region of the People's Republic of China and pledge allegiance to the Macao Special Administrative Region of the People's Republic of China, and who meet the requirements set forth in the Basic Law of the Region may, upon confirmation by the Preparatory Committee, become members of the First Legislative Council of the Region. Any vacancy in the First Legislative Council of the Region shall be filled by a decision of the Preparatory Committee.

The term of office of members of the First Legislative Council of the Macao Special Administrative Region shall last until 15 October 2001.

7. The Preparatory Committee of the Macao Special Administrative Region shall be responsible for organizing the Court of the Macao Special Administrative Region in accordance with the Basic Law of the Region.

Proposal by the Drafting Committee for the Basic Law of the Macao Special Administrative Region on the Establishment of the Committee for the Basic Law of the Macao Special Administrative Region Under the Standing Committee of the National People's Congress

1. Name: The Committee for the Basic Law of the Macao Special Administrative Region under the Standing Committee of the National People's Congress.

2. Affiliation: To be a working committee under the Standing Committee of the National People's Congress.

3. Function: To study questions arising from the implementation of Articles 17, 18, 143 and 144 of the Basic Law of the Macao Special Administrative Region and submit its views thereon to the Standing Committee of the National People's Congress.

4. Composition: Ten members, five from the mainland and five from Macao, including persons from the legal profession, appointed by the Standing Committee of the National People's Congress for a term of office of five years. Macao members shall be Chinese citizens who are permanent residents of the Macao Special Administrative Region with no right of abode in any foreign country and shall be nominated jointly by the Chief Executive, President of the Legislative Council and President of the Court of Final Appeal of the Region for appointment by the Standing Committee of the National People's Congress.

Decision by the National People's Congress on the Establishment of the Macao Special Administrative Region of the People's Republic of China

Adopted by the Eighth National People's Congress at its First Session on 31 March 1993

In accordance with the provisions of Article 31 and subparagraph 13 of Article 62 of the Constitution of the People's Republic of China, the Eighth National People's Congress decides at its First Session:

1. that the Macao Special Administrative Region is to be established as of 20 December 1999; and

2. that the area of the Macao Special Administrative Region covers the Macao Peninsula, Taipa Island and Coloane Island. The map of the administrative division of the Macao Special Administrative Region will be published by the State Council separately.

Decision of the National People's Congress on Approving the Proposal by the Drafting Committee for the Basic Law of the Macao Special Administrative Region on the Establishment of the Committee for the Basic Law of the Macao Special Administrative Region Under the Standing Committee of the National People's Congress

Adopted by the Eighth National People's Congress at its First Session on 31 March 1993

The Eighth National People's Congress decides at its First Session:

1. to approve the proposal by the Drafting Committee for the Basic Law of the Macao Special Administrative Region on the establishment of the Committee for the Basic Law of the Macao Special Administrative Region under the Standing Committee of the National People's Congress; and

2. to establish the Committee for the Basic Law of the Macao Special Administrative Region under the Standing Committee of the National People's Congress when the Basic Law of the Macao Special Administrative Region of the People's Republic of China is put into effect.

sDecision of the National People's Congress on the Basic Law of the Macao Special Administrative Region of the People's Republic of China

Adopted by the Eighth National People's Congress at its First Session on 31 March 1993

The Eighth National People's Congress at its First Session adopts the Basic Law of the Macao Special Administrative Region of the People's Republic of China, including 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," and the designs of the regional flag and regional emblem of the Macao Special Administrative Region. Article 31 of the Constitution of the People's Republic of China provides: "The state may establish special administrative regions when necessary. The systems to be instituted in special administrative regions shall be prescribed by law enacted by the National People's Congress in the light of specific conditions." The Basic Law of the Macao Special Administrative Region is constitutional as it is enacted in accordance with the Constitution of the People's Republic of China in the light of the specific conditions of Macao. The systems, policies and laws to be instituted after the establishment of the Macao Special Administrative Region shall be based on the Basic Law of the Macao Special Administrative Region.

The Basic Law of the Macao Special Administrative Region of the People's Republic of China shall be put into effect as of 20 December 1999.

(Beijing Review No. 18 May 2-9, 1993)

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