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 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:
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;
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;
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;
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;
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;
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, race, sex,
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
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.
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.
