The National People’s Congress Order of the President of the People’s Republic of China No.3 The Basic Law of the Macao Special Administrative Region of the People’s Republic of China which is composed of the Method for the President of the People’s Republic of China Jiang Zemin March 31, 1993 Basic Law of the Macao Special Administrative Region of the People’s Republic of China ContentsPreamble 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 Chapter V Economy Chapter VI Cultural and Social Affairs Chapter VII External Affairs Chapter VIII Interpretation and Amendment of the Basic Law Chapter IX Supplementary Provisions Attachment I: Method for the Selection of the Chief Executive of the Macao Special Administrative Region Attachment II: Method for the Formation of the Legislative Council of the Macao Special Administrative Region Attachment 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; Upholding national unity and territorial integrity, contributing to social stability and economic development, and taking account In accordance with the Constitution of the People’s Republic of China, the National People’s Congress hereby enacts the Basic Law 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 Article 3 The executive authorities and legislature of the Macao Special Administrative Region shall be composed of permanent residents of Macao Article 4 The Macao Special Administrative Region shall safeguard the rights and freedoms of the residents of the Macao Special Administrative Article 5 The socialist system and policies shall not be practised in the Macao Special Administrative Region, and the previous capitalist system 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 Article 8 The laws, decrees, administrative regulations and other normative acts previously in force in Macao shall be maintained, except for Article 9 In addition to the Chinese language, Portuguese may also be used as an official language by the executive authorities, legislature Article 10 Apart from displaying the national flag and national emblem of the People’s Republic of China, the Macao Special Administrative Region 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 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 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 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 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 Article 16 The Macao Special Administrative Region shall be vested with executive power. It shall, on its own, conduct the administrative affairs 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 If the Standing Committee of the National People’s Congress, after consulting the Committee for the Basic Law of the Macao Special 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 National laws shall not be applied in the Macao Special Administrative Region except for those listed in Attachment III to this Law. The Standing Committee of the National People’s Congress may add to or delete from the list of laws in Attachment III after consulting 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 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 The courts of the Macao Special Administrative Region shall have no jurisdiction over acts of state such as defence and foreign affairs. Article 20 The Macao Special Administrative Region may enjoy other powers granted to it by the National People’s Congress, the Standing Committee Article 21 Chinese citizens who are residents of the Macao Special Administrative Region shall be enpost_titled to participate in the management of In accordance with the assigned number of seats and the selection method specified by the National People’s Congress, the Chinese Article 22 No department of the Central People’s Government and no province, autonomous region, or municipality directly under the Central Government If there is a need for departments of the Central Government, or for provinces, autonomous regions, or municipalities directly under All offices set up in the Macao Special Administrative Region by departments of the Central Government, or by provinces, autonomous For entry into the Macao Special Administrative Region, people from other provinces, autonomous regions or municipalities directly 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 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 (2) Chinese citizens who have ordinarily resided in Macao for a continuous period of not less than seven years before or after the establishment (3) The Portuguese who were born in Macao and have taken Macao as their place of permanent residence before or after the establishment (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 (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 (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 The above-mentioned residents shall have the right of abode in the Macao Special Administrative Region and shall be qualified to obtain The non-permanent residents of the Macao Special Administrative Region shall be persons who are qualified to obtain Macao identity Article 25 All Macao residents shall be equal before the law, and shall be free from discrimination, irrespective of their nationality, descent, Article 26 Permanent residents of the Macao Special Administrative Region shall have the right to vote and the right to stand for election in Article 27 Macao residents shall have freedom of speech, of the press and of publication; freedom of association, of assembly, of procession 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 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 When charged with criminal offences, Macao residents shall enjoy the right to an early court trial and shall be presumed innocent Article 30 The human dignity of Macao residents shall be inviolable. Humiliation, slander and false accusation against residents in any form 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 Article 32 The freedom and privacy of communication of Macao residents shall be protected by law. No department or individual may, on any grounds, Article 33 Macao residents shall have freedom of movement within the Macao Special Administrative Region and freedom of emigration to other countries 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 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 Macao residents shall have the right to institute legal proceedings in the courts against the acts of the executive authorities and 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 Article 40 The provisions of International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, The rights and freedoms enjoyed by Macao residents shall not be restricted unless as prescribed by law. Such restrictions shall not 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 Article 43 Persons in the Macao Special Administrative Region other than Macao residents shall, in accordance with law, enjoy the rights and 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 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 The Chief Executive of the Macao Special Administrative Region shall be accountable to the Central People’s Government and the Macao 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 Article 47 The Chief Executive of the Macao Special Administrative Region shall be selected by election or through consultations held locally The specific method for selecting the Chief Executive is prescribed in Attachment I: “Method for the Selection of the Chief Executive 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 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 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 (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 (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, (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 (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 (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 (16) To confer medals and post_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 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 Before dissolving the Legislative Council, the Chief Executive must consult the Executive Council and he or she shall explain the 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 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 (3) When, after the Legislative Council is dissolved because it refuses to pass a budget or any other bill concerning the overall interests 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 In the event that the office of Chief Executive becomes vacant, a new Chief Executive shall be selected within 120 days in accordance 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 Members of the Executive Council of the Macao Special Administrative Region shall be Chinese citizens who are permanent residents The Executive Council shall be composed of seven to eleven persons. The Chief Executive may, as he or she deems necessary, invite Article 58 The Executive Council of the Macao Special Administrative Region shall be presided over by the Chief Executive. The meeting of the 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 Article 60 A Commission of Audit shall be established in the Macao Special Administrative Region. It shall function independently
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