B
MS
HKC020/1
& Miss Brorks
C.S.60
Ms Barret
FE/1129 C1/1
8 р.а. мясам,
W√2217
20 Jul 91
C. SPECIAL SUPPLEMENT
MACAO DRAFT BASIC LAW
DRAFT MACAO BASIC LAW PUBLISHED FOR
PUBLIC CONSULTATION
[1]
Xinhua News Agency, Peking, domestic service in Chinese 0759 gmt 14 Jul 91
Text, as received, of "Draft Basic Law of Macao Special Administrative Region of PRC - for Solicitation of Opinions - 13th July 1991"
Preamble
Macao, which comprises the Macao Peninsula, Taipa Island and Luhuan Island, has been part of China's territory since ancient times. It was occupied step by step by Portugal following the mid-16th century. On 13th April 1987, the Chinese and Portuguese governments signed the Joint Declaration on the Question of Macao, affirming that the PRC government will resume the exercise of sovereignty over Macao with effect from 20th December 1999, thus fulfilling the long-cherished common aspiration of the Chinese people for the recovery of Macao.
Upholding national unity and territorial integrity is conducive to Macao's social stability and economic development. Taking account of Macao's history and realities, the PRC government has decided that upon China's resumption of the exercise of sovereignty over Macao, a Macao Special Administrative Region [SAR] will be established in accordance with the provisions of Article 31 of the PRC Constitution, and that under the principle of "one country, two systems", the socialist system and policies will not be practised in Macao. The basic policies of the PRC regarding Macao have been elaborated by the Chinese government in the Sino-Portuguese Joint Declaration.
In accordance with the PRC Constitution, the National People's Congress [NPC] hereby enacts the Basic Law of the Macao SAR of the PRC, prescribing the systems to be practiced in the Macao SAR, in order to ensure the implementation of the basic policies of the PRC regarding Macao.
Chapter One: General Principles
Article 1. The Macao SAR is an inalienable part of the PRC.
Article 2. The NPC authorizes the Macao SAR to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial power, including that of final adjudication, in accordance with the provisions of this law.
Article 3. The executive authorities and legislature of the Macao SAR shall be composed of permanent residents of Macao in accordance with the relevant provisions of this law.
Article 4. The Macao SAR shall safeguard the rights and freedoms of the residents of the Macao SAR and of other persons in the region in accordance with law.
Article 5. The socialist system and policies shall not be practised in the Macao SAR and the previous capitalist system and way of life shall remain unchanged for 50 years.
Article 6. The Macao SAR shall protect the right of private ownership of property in accordance with law.
Article 7. The land and natural resources within the Macao SAR, except private land stipulated in the previous laws of Macao, shall be state property. The Macao SAR shall be responsible for their management, use and development and for their leasing or granting to individuals, legal entities or organizations for use or development. The revenues derived therefrom shall be exclusively at the disposal of the government of the region.
Article 8. The laws, decrees, administrative regulations and other standard documents previously in force in Macao shall be maintained, except for any that contravene this law and subject to any amendment by the legislature or relevant bodies of the Macao SAR in accordance with legal procedures.
Article 9. In addition to the Chinese language, Portuguese may also be used as an official language by the executive authorities, legislature and judiciary of the Macao SAR.
Article 10. Apart from displaying the PRC national flag and national emblem, the Macao SAR may also use a regional flag and regional emblem.
The regional flag of the Macao SAR is: [as received]
The regional emblem of the Macao SAR is: [as received]
Article 11. In accordance with Article 31 of the PRC Constitution, the systems and policies practiced in the Macao SAR, including the social and economic systems, the system for safeguarding the fundamental rights and freedoms of its residents, the executive, legislative and judicial systems and the relevant policies, shall be based on the provisions of this law.
No law, decree, regulation or document enacted by the legislature of the Macao SAR shall contravene this law. []Chapter Two: Relationship Between the Central Authorities and the Macao SAR
Article 12. The Macao SAR shall be a local administrative region of the PRC, which enjoys a high degree of autonomy and comes directly under the central people's government.
Article 13. The central people's government shall be responsible for the foreign affairs of the Macao SAR.
The PRC Ministry of Foreign Affairs shall establish an office in Macao to deal with foreign affairs.
The central people's government authorizes the Macao SAR to conduct relevant external affairs on its own in
accordance with this law.
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