Macao Basic Law


The Basic Law of the Macao Special Administrative Region of the People's Republic of China 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 and promulgated by President Jiang Zemin; it came into effect on 20 December 1999, following the handover of Macau from Portugal to China.
Under the law's basic principle of "one country, two systems", the socialist system and policies of China are excluded from Macau. Instead, Macau will continue its capitalist system and way of life from before 1999 for at least 50 years in 2049. As an organic law, the Basic Law also describes sources of law, the branches of government, the relationship between Macau and the Chinese Central Government, and the fundamental rights and duties of Macau residents.

Overview

In accordance with Article 31 of the Constitution of the People's Republic of China, Macau has special administrative region status, which provides constitutional guarantees for implementing the policy of "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, which controls the foreign policy and defense of Macau but otherwise grants the region a "high degree of autonomy."

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 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. 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.