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 V
Economy
Article 103
The Macao Special Administrative Region shall, in accordance with law,
protect the right of individuals and legal persons to the acquisition, use,
disposal and inheritance of property and their right to compensation for
lawful deprivation of their property.
Such compensation shall correspond to the real value of the property
concerned at the time and shall be freely convertible and paid without
undue delay.
The ownership of enterprises and the investments from outside the Region
shall be protected by law.
Article 104
The Macao Special Administrative Region shall have independent finances.
All the financial revenues of the Macao Special Administrative Region shall
be managed and controlled by the Region itself and shall not be handed over
to the Central People's Government.
The Central People's Government shall not levy taxes in the Macao Special
Administrative Region.
Article 105
The Macao Special Administrative Region shall follow the principle of
keeping expenditure within the limits of revenues in drawing up its budget,
and strive to achieve a fiscal balance, avoid deficits and keep the budget
commensurate with the growth rate of its gross domestic product.
Article 106
The Macao Special Administrative Region shall practise an independent
taxation system.
The Macao Special Administrative Region shall, taking the low tax policy
previously pursued in Macao as reference, enact laws, on its own,
concerning types of taxes, tax rates, tax reductions, allowances and
expenditures, and other matters of taxation. The taxation system for
franchised businesses shall be otherwise prescribed by law.
Article 107
The monetary and financial systems of the Macao Special Administrative
Region shall be prescribed by law.
The Government of the Macao Special Administrative Region shall, on its
own, formulate monetary and financial policies, safeguard the free
operation of financial markets and all kinds of financial institutions, and
regulate and supervise them in accordance with law.
Article 108
The Macao Pataca, as the legal tender in the Macao Special Administrative
Region, shall continue to circulate.
The authority to issue Macao currency shall be vested in the Government of
the Macao Special Administrative Region. The issue of Macao currency must
be backed by a 100 per cent reserve fund. The system regarding the issue of
Macao currency and the reserve fund system shall be prescribed by law.
The Government of the Macao Special Administrative Region may authorize
designated banks to perform or continue to perform the function of its
agents in the issuance of Macao currency.
Article 109
No foreign exchange control policies shall be applied in the Macao Special
Administrative Region. The Macao Pataca shall be freely convertible.
The foreign exchange reserve of the Macao Special Administrative Region
shall be managed and controlled by the Government of the Macao Special
Administrative Region according to law.
The Government of the Macao Special Administrative Region shall safeguard
the free flow of capital within, into and out of the Region.
Article 110
The Macao Special Administrative Region shall maintain the status of a free
port and shall not impose any tariff unless otherwise prescribed by law.
Article 111
The Macao Special Administrative Region shall pursue the policy of free
trade and safeguard the free movement of goods, intangible assets and
capital.
Article 112
The Macao Special Administrative Region shall be a separate customs
territory.
The Macao Special Administrative Region may, using the name "Macao, China",
participate in relevant international organizations and international trade
agreements (including preferential trade arrangements), such as the General
Agreement on Tariffs and Trade and arrangements regarding international
trade in textiles.
Export quotas, tariff preferences and other similar arrangements, which are
obtained or made by the Macao Special Administrative Region or which were
obtained or made but remain valid, shall be enjoyed exclusively by the
Region.
Article 113
The Macao Special Administrative Region may issue its own certificates of
origin for products in accordance with prevailing rules of origin.
Article 114
The Macao Special Administrative Region shall, in accordance with law,
protect the free operation of industrial and commercial enterprises and
make its own policies on the development of industry and commerce.
The Government of the Macao Special Administrative Region shall improve the
economic environment and provide legal guarantees for promoting the
development of industry and commerce and for encouraging investments,
technological progress and development of new industries and new markets.
Article 115
The Macao Special Administrative Region, in the light of its economic
development, shall make labour policy and improve labour law on its own.
The Macao Special Administrative Region shall establish consultative
co-ordination organisations composed of representatives from the
government, the employers' organizations and the employees' organizations.
Article 116
The Macao Special Administrative Region shall maintain and improve Macao's
previous systems of shipping management and shipping regulation, and make
shipping policy on its own.
The Macao Special Administrative Region shall be authorized by the Central
People's Government to maintain a shipping register and issue related
certificates under its legislation, using the name "Macao, China".
With the exception of foreign warships, access for which requires the
special permission of the Central People's Government, ships shall enjoy
access to the ports of the Macao Special Administrative Region in
accordance with the laws of the Region.
Private shipping businesses and shipping-related businesses and terminals
in the Macao Special Administrative Region may continue to operate freely.
Article 117
The Government of the Macao Special Administrative Region may, with the
authorization of the Central People's Government, formulate, on its own,
various systems for the civil aviation management.
Article 118
The Macao Special Administrative Region shall, on its own, make policies on
tourism and recreation in the light of its overall interests.
Article 119
The Macao Special Administrative Region shall carry out the protection of
environment in accordance with law.
Article 120
The Macao Special Administrative Region shall, in accordance with law,
recognize and protect all the lawful leases of land granted or decided upon
before the establishment of the Macao Special Administrative Region which
extend beyond 19 December 1999, and all rights in relation to such leases.
The grant or renewal of land leases after the establishment of the Macao
Special Administrative Region shall be dealt with in accordance with the
relevant land laws and policies of the Region.