TNAG-2496-FCO40-3632-Relations-between-Hong-Kong-and-Macao-(Macau)-1992 — Page 178

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

21 Mar 92

FE/1335 C2/2

Article 8. The laws, decrees, administrative regulations and other regulatory documents previously in force in Macao shall be maintained, except for those that contravene this Law or have been amended by the legislative body or other relevant organs of the Macao SAR in accordance with legal procedures.

Article 9. In addition to the Chinese language, the Portuguese language may also be used by the executive, legislative and judicial organs of the Macao SAR. The Portuguese language shall also be the official language.

Article 10. Apart from displaying and using the national flag and national emblem, the Macao SAR may use a regional flag and regional emblem of its own.

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 Constitution of the PRC, the systems and policies practised in the Macao SAR, including the social and economic systems, the system for safeguarding the fundamental rights and freedoms of its residents, and the executive, legislative and judicial systems, shall be based on the provisions in this Law.

No law, decree, administrative regulation, or other regulatory document of the Macao SAR shall contravene this Law.

CHAPTER II: RELATIONSHIP BETWEEN THE CENTRAL AUTHORITIES AND THE MACAO

SAR

Article 12. The Macao SAR is a local administrative region of the PRC, enjoying a high degree of autonomy and comes directly under the central people's government.

Article 13. The central people's government is responsible for foreign affairs relating to the Macao SAR.

The Ministry of Foreign Affairs of the PRC will establish an office in Macao to deal with foreign affairs.

The central people's government authorizes the Macao SAR to deal with relevant external affairs on its own in accordance with this law.

Article 14. The central people's government is responsible for the defence of the Macao SAR,

The government of the Macao SAR is responsible for maintaining social order in the Macao SAR.

Article 15. The central people's government appoints and dismisses the Chief Executive, principal executive officials and Procurator-General of the Macao SAR in accordance with the relevant provisions of this Law.

Article 16. The Macao SAR is vested with executive power and shall, on its own, manage administrative affairs in the region.

Article 17. The Macao SAR is vested with legislative power. Laws enacted by the legislative organ of the Macao SAR shall be reported to the NPC Standing Committee for the record. The reporting for record shall not affect the entry into force of such laws.

If the NPC Standing Committee, after consulting its Committee for the Basic Law of the Macao SAR, considers that any law of the region is not in conformity with the

provisions of this Law concerning matters governed by the central authorities and concerning the relationship between the central authorities and the Macao SAR, it may return the law in question, but it shall not amend it. Any law returned by the NPC Standing Committee shall immediately cease to have force. This cessation shall not have retroactive effect, except provided otherwise by the laws of the Macao SAR.

Article 18. The laws of the Macao SAR shall be this law, the laws previously in force in Macao as stipulated in Article 8 of this law, and the laws enacted by the legislative organ of the Macao SAR

Laws applicable to the nation in general will not be applied in the Macao SAR except for those listed in Annex 3 of this Law. All laws listed in Annex 3 of this Law shall be applied in the Macao SAR by way of promulgation or legislation.

The NPC Standing Committee, after consulting its Committee for the Basic Law of the Macao SAR and the government of the Macao SAR, may add new laws to or delete the existing ones from the list in Annex 3. Laws to be listed in Annex 3 shall be limited to laws related to defence and foreign affairs, as well as to other laws that do not come under the autonomy of the Macao SAR in accordance with this Law.

In times when the NPC Standing Committee decides to declare the existence of a state of war or when it decides on entry into a state of emergency in the Macao SAR following the eruption of turmoil which threatens national unity and security, and which cannot be controlled by the government of the Macao SAR, the central people's government may order the enforcement in Macao of all the laws applicable to the nation in general.

Article 19. The Macao SAR is vested with independent judicial power, including that of final adjudication.

Courts of the Macao SAR shall have jurisdiction over all cases in the region, except that the restrictions on their jurisdiction imposed by Macao's previous legal system and principles shall be maintained.

Courts of the Macao SAR shall have no jurisdiction over cases relating to defence, foreign affairs or other state acts. Courts of the Macao SAR shall obtain the statement of the Chief Executive whenever questions concerning defence, foreign affairs, or other state acts arise in any legal proceedings. A statement issued by the Chief Executive regarding such questions shall be binding on the courts. Before issuing such a statement, the Chief Executive shall obtain a certificate from the central people's government. Article 20. The Macao SAR may enjoy other powers granted by the NPC, the NPC Standing Committee, or the central people's government.

Article 21. Residents of the Macao SAR who are Chinese nationals are entitled to participate in administering state affairs as prescribed by law.

In accordance with the assigned number of seats and the election procedures specified by the NPC, the Chinese nationals among Macao residents shall locally elect deputies of the Macao SAR to the NPC to participate in the work of the highest organ of state power.

Article 22. Departments under the central people's government as well as provinces, autonomous regions and

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