FE/1129 C1/3
20 Jul 91
Chapter Three: Residents' Fundamental Rights and
Duties
Article 24. Residents of the Macao SAR, hereinafter referred to as "Macao residents” for short, include permanent and non- permanent residents.
Permanent residents of the Macao SAR are:
(1) Chinese citizens born in Macao before or after the establishment of the Macao SAR;
(2) Chinese citizens who have ordinarily resided in Macao for a continuous period of not less than seven years before or after the establishment of the Macao SAR;
(3) Persons of Chinese nationality born outside Macao to those residents listed in categories 1 and 2 above;
(4) Portuguese born in Macao before or after the establishment of the Macao SAR who take Macao as their permanent residence;
(5) Portuguese who have ordinarily resided in Macao for a continuous period of not less than seven years before or after the establishment of the Macao SAR and who take Macao as their permanent residence;
(6) Other persons who have ordinarily resided in Macao for a continuous period of not less than seven years before or after the establishment of the Macao SAR and who take Macao as their permanent residence;
(7) Persons under 18 years of age born in Hong Kong of residents listed in category 6 above before or after the establishment of the Macao SAR.
The above-mentioned residents are entitled to the right of abode in the Macao SAR and will be qualified to obtain permanent identity cards of the Macao SAR.
Non-permanent residents of the Macao SAR are persons who, in accordance with its laws, will be qualified to obtain Macao identity cards but will not have right of abode.
Article 25. All Macao residents are equal before the law, irrespective of nationality, ethnic origin, sex, race, language, religion, political or ideological belief, cultural level and economic or social status.
Article 26. Permanent residents of the Macao SAR will have the right to vote and to stand for election according to law.
Article 27. Macao residents will have freedom of speech, of the press and of publication; freedom of association, of assembly, of procession and demonstration; and the right and freedom to form and join trade unions and to go on strike.
Article 28. The personal freedom of Macao residents will be inviolable.
No Macao resident will be arbitrarily or unlawfully arrested, detained or imprisoned. Residents have the right to apply to the court for personal protection against arbitrary or unlawful detention or imprisonment. Arbitrary or unlawful body searches of any resident or deprivation or restriction of the resident's freedom will be prohibited. The torture of any resident or inhuman treatment towards the resident will be prohibited.
Article 29. Macao residents will not be subjected to criminal punishment unless their act has been clearly defined as criminal by law.
When accused, a Macao resident will have the right to obtain a court judgment as soon as possible and will be considered not guilty until convicted by the court.
Article 30. Macao residents' personality and dignity are inviolable. Humiliation, vilification, slander and framing by whatever form are prohibited.
Macao residents enjoy the right of personal reputation, the right of a private life and the privacy of family life.
Article 31. The homes and other premises of Macao residents are inviolable. Arbitrary or unlawful search of or intrusion into a resident's home or other premises are prohibited.
Article 32. Macao residents' freedom and privacy of communication are protected by law. No department or individual may, on any grounds, infringe upon the residents' freedom and privacy of communication, with the exception of the relevant authorities, who may censor communications in accordance with legal procedures to meet the needs of public security or to investigate criminal offences.
Article 33. Macao residents enjoy freedom of movement within the Macao SAR and freedom of emigration to other countries and regions. Macao residents have freedom of travel, entry and exit. They have the right to obtain all kinds of travel documents in accordance with the law. Unless restrained by law, Macao residents who hold valid travel documents will be free to leave the region without special authorization.
Article 34. Macao residents will have freedom of belief.
Macao residents will have freedom of religious belief and the freedom to preach, carry out and participate in religious activities in public.
Article 35. Macao residents will have freedom of choice of occupation and work.
Article 36. Macao residents will have the right to file a suit with the court according to legal proceedings and to seek lawyers' help to protect their legitimate rights and interests and for judicial remedies.
Macao residents will have the right to institute legal proceedings in court against the actions of executive departments or their personnel.
Article 37. Macao residents will have freedom of academic research, literary and artistic creation and other cultural pursuits.
Article 38. Macao residents's freedom of marriage and their right to raise a family freely will be protected by law.
The young, elderly and disabled will receive care and protection from the Macao SAR.
Article 39. Macao residents will have the right to social welfare as prescribed by law. The welfare benefit and retirement of workers will be protected by law.
Article 40. International labour conventions applicable to Macao will remain in force and be implemented through the laws of the Macao SAR.
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