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DRAFT BASIC LAW FOR THE MACAO SPECIAL ADMINISTRATIVE REGION: OUTLINE COMPARISON WITH THE BASIC LAW FOR HONG KONG
Preamble
1.
With the exception of the changes consequent upon the different historical circumstances of the two territories, there is no substantial difference between the two texts. The geography of Macao is spelt out in more detail than that of Hong Kong was.
Chapter One: General Principles
2.
There
This Chapter comprises Articles 1 to 11 in both texts. are only a few minor differences. The two main ones of which are in Articles 7 and 8. In Article 7, dealing with land and natural resources, the Macao BL contains a reference to "private land stipulated in the previous laws of Macao" which is not to be state property. In Article 8, the description of the laws currently in force is different. The Macao version refers to "the laws, decrees, administrative regulations and standard documents previously in force" whereas the Hong Kong BL refers to "the laws previously in force in Hong Kong, that is, the common law, rules of equity, ordinances, subordinate legislation, and customary law".
Chapter Two: Relationship between the Central Authorities and the Macao SAR
3.
This Chapter comprises Articles 12 to 23 in both versions. they are substantially the same. Article 14 of the Macao BL, dealing with defence, does not have the lengthy reference in the corresponding Article of the Hong Kong BL which refers to: "military forces stationed by the Central People's Government in the Hong Kong SAR for defence shall not interfere in the local affairs of the Region. The Government of the Hong Kong SAR may, when necessary, ask the Central People's Government for assistance from the garrison in the maintenance of public order and in disaster relief". The Hong Kong version of Article 23 refers in addition to laws to prohibit acts of "subversion against the Central People's Government" which does not appear in the list in the Macao BL.
Chapter Three: Fundamental Rights and Duties of the Residents.
4.
This Chapter comprises Articles 24 to 45 in the Macao BL and 24 to 42 in the Hong Kong BL. The definitions of permanent residents in Article 24 are slightly different. Where the Hong Kong BL refers in Article 24 (4) to the conditions under which "persons not of Chinese nationality" may have Hong Kong residence, the Macao BL divides the corresponding group into three categories: Portuguese born in Macao, Portuguese ordinarily resident in Macao, and other persons ordinarily resident in Macao. The age limit for children of qualified residents of this last group, under which they may qualify automatically as residents, is 18 in Hong Kong and 21 in Macao. The Macao version of Article
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