- Source: Macao Basic Law
The Basic Law of the Macao Special Administrative Region of the People's Republic of China (Chinese: 中華人民共和國澳門特別行政區基本法, Portuguese: Lei Básica da Região Administrativa Especial de Macau da República Popular da 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.
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.
See also
Basic law
Hong Kong Basic Law
Macau national security law
External links
Government website about the basic law: in Chinese and in Portuguese
Full text
Official texts in Macau's official languages: in Chinese and in Portuguese via the Government Printing Bureau's official website
English translations: Government Printing Bureau's official website and University of Macau translation
Harald Brüning: 10 anos de Lei Básica. Revista Macau, Maio 2003, III Série No. 14. ISSN 0871-004X