MACAO SPECIAL ADMINISTRATIVE REGION BASIC LAW

    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

    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.

    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 recognised 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.

    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 cours. 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 enpost_titled 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 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 tovote 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.

    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 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