THE BASIC LAW OF THE MACAO SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA
(Adpoted by the Eighth National People's Congress at its First Session on 31 March 1993)
Preamble
Chapter
I
II
III
IV
V
VI
VII
VIII
IX
Annexes & Appendix
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.
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 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 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 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 organisations or bodies.