The Basic Law of the Macao Special Administrative Region of the People's Republic of China ( zh, 中華人民共和國澳門特別行政區基本法, ) is the
organic law that establishes the
Macau Special Administrative Region, replacing the
Estatuto Orgânico de Macau. It was adopted on 31 March 1993 by China's
National People's Congress
The National People's Congress (NPC) is the highest organ of state power of the People's Republic of China (PRC). The NPC is the only branch of government in China, and per the principle of unified power, all state organs from the Sta ...
and promulgated by President
Jiang Zemin
Jiang Zemin (17 August 1926 – 30 November 2022) was a Chinese politician who served as General Secretary of the Chinese Communist Party, general secretary of the Chinese Communist Party (CCP) from 1989 to 2002, as Chairman of the Central Mil ...
; it came into effect on 20 December 1999, following the
handover of Macau from Portugal to China.
Overview
In accordance with Article 31 of the
Constitution of the People's Republic of China
The Constitution of the People's Republic of China is the supreme law of the People's Republic of China (PRC). In September 1949, the first plenary session of the Chinese People's Political Consultative Conference adopted the Common Progr ...
, Macau has special administrative region status, which provides constitutional guarantees for implementing the policy of "
one country, two systems
"One country, two systems" is a constitutional principle of the People's Republic of China (PRC) describing the governance of the special administrative regions of Hong Kong and Macau.
Deng Xiaoping developed the one country, two systems ...
" and the constitutional basis for enacting the Basic Law of the Macau Special Administrative Region. The Macau Special Administrative Region is directly under the authority of the
central government of China in
Beijing
Beijing, Chinese postal romanization, previously romanized as Peking, is the capital city of China. With more than 22 million residents, it is the world's List of national capitals by population, most populous national capital city as well as ...
, which controls the
foreign policy
Foreign policy, also known as external policy, is the set of strategies and actions a State (polity), state employs in its interactions with other states, unions, and international entities. It encompasses a wide range of objectives, includ ...
and
defense
Defense or defence may refer to:
Tactical, martial, and political acts or groups
* Defense (military), forces primarily intended for warfare
* Civil defense, the organizing of civilians to deal with emergencies or enemy attacks
* Defense industr ...
of Macau but otherwise grants the region a "high degree of
autonomy
In developmental psychology and moral, political, and bioethical philosophy, autonomy is the capacity to make an informed, uncoerced decision. Autonomous organizations or institutions are independent or self-governing. Autonomy can also be ...
."
Structure
* 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: Culture and Social Affairs
* Chapter VII: External Affairs
* Chapter VIII: Interpretation and Amendment 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
* Annex III: National Laws to Be Applied in the Macao Special Administrative Region
Amendment
Article 144 sets out the amendment process, similar to the Basic Law of Hong Kong, and gives the
National People's Congress
The National People's Congress (NPC) is the highest organ of state power of the People's Republic of China (PRC). The NPC is the only branch of government in China, and per the principle of unified power, all state organs from the Sta ...
the sole power to amend it. Amendments can be proposed by either the Standing Committee of the National People's Congress, the State Council, or Macau. For Macau to propose amendments, the amendments first need the consent of two-thirds of the deputies of Macau to the National People's Congress, two-thirds of all the members of the Legislative Assembly and the Chief Executive. All proposals needs to be reviewed by the Committee for the Basic Law of the Macau Special Administrative Region, and no amendments can "contravene the established basic policies of the People's Republic of China regarding Macau".
Annexes I and II
According to Annexes I and II of the Basic Law, amendments could be made to the methods for selecting the chief executive and forming the Legislative Council for the terms subsequent to the year 2009 with the endorsement of a two-thirds majority of all the members of the
Legislative Assembly and the consent of the
Chief Executive
A chief executive officer (CEO), also known as a chief executive or managing director, is the top-ranking corporate officer charged with the management of an organization, usually a company or a nonprofit organization.
CEOs find roles in variou ...
. Amendments should then be reported to the
NPCSC for approval. The method of amendment is similar to the Annexes I and II of the Basic Law of Hong Kong pre-2021.
See also
*
Basic law
*
Hong Kong Basic Law
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). With nine chapters, 160 article ...
*
Macau national security law
External links
*
* Government website about the basic law
in Chinesean
in Portuguese* Full text
** Official texts in Macau's official languages
in Chinesean
in Portuguesevia the Government Printing Bureau's official website
** English translations
Government Printing Bureau's official websitean
* Harald Brüning: 10 anos de Lei Básica. Revista Macau, Maio 2003, III Série No. 14.
Basic Law
Laws of China
Basic Law
Basic Law
Basic Law
1993 in law
Basic Law
Constitution-related laws of China
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