Basic Law of the Macao Special Administrative Region/Decisions

Decision of the National People's Congress on the Basic Law of the Macao Special Administrative Region of the People's Republic of China

(Adopted by the Eighth National People's Congress at its First Session on 31 March 1993)

The Eighth National People's Congress at its First Session adopts the Basic Law of the Macao Special Administrative Region of the People's Republic of China, including 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", and the designs of the regional flag and regional emblem of the Macao Special Administrative Region. Article 31 of the Constitution of the People' s Republic of China provides: "The state may establish special administrative regions when necessary. The systems to be instituted in special administrative regions shall be prescribed by law enacted by the National People's Congress in the light of the specific conditions." The Basic Law of the Macao Special Administrative Region is constitutional as it is enacted in accordance with the Constitution of the People's Republic of China in the light of the specific conditions of Macao. The systems, policies and laws to be instituted after the establishment of the Macao Special Administrative Region shall be based on the Basic Law of the Macao Special Administrative Region.

The Basic Law of the Macao Special Administrative Region of the People's Republic of China shall be put into effect as of 20 December 1999.

Decision of the National People's Congress on the Establishment of the Macao Special Administrative Region of the People's Republic of China

(Adopted by the Eighth National People's Congress at its First Session on 31 March 1993)

In accordance with the provisions of Article 31 and subparagraph 13 of Article 62 of the Constitution of the People's Republic of China, the Eighth National People's Congress decides at its First Session:

1. that the Macao Special Administrative Region is to be established as of 20 December 1999; and

2. that the area of the Macao Special Administrative Region covers the Macao Peninsula, Taipa Island and Coloane Island. The map of the administrative division of the Macao Special Administrative Region will be published by the State Council separately.

Decision of the National People's Congress on the Method for the Formation of the First Government, the First Legislative Council and the First Judiciary of the Macao Special Administrative Region

(Adopted by the Eighth National People's Congress at its First Session on 31 March 1993)

1. The First Government, the First Legislative Council and the First Judiciary shall be formed in accordance with the principles of state sovereignty and smooth transition.

2. The National People's Congress shall establish a Preparatory Committee for the Macao Special Administrative Region, which shall be responsible for preparing the establishment of the Region and shall prescribe the specific method for forming the First Government, the First Legislative Council and the First Judiciary in accordance with this Decision. The Preparatory Committee shall be composed of mainland members and of Macao members who shall constitute not less than 50 per cent of its membership. Its chairman and members shall be appointed by the Standing Committee of the National People's Congress.

3. The Preparatory Committee for the Macao Special Administrative Region shall be responsible for preparing the establishment of the Selection Committee for the First Government of the Macao Special Administrative Region ("the Selection Committee").

The Selection Committee shall be composed entirely of permanent residents of Macao and must be broadly representative. It shall include Macao deputies to the National People's Congress, representatives of Macao members of the National Committee of the Chinese People's Political Consultative Conference, persons with practical experience who have served in Macao's executive, legislative and advisory organs prior to the establishment of the Macao Special Administrative Region, and persons representative of various strata and sectors of society.

The Selection Committee shall be composed of 200 members, among whom:

Industrial, commercial and financial sectors: 60

Cultural and educational sectors and other professions: 50

Labour, social services, religious and other sectors: 50

Former political figures, Macao deputies to the National People's Congress, and representatives of the Macao members of the National Committee of the Chinese People's Political Consultative Conference: 40

4. The Selection Committee shall recommend the candidate for the first Chief Executive through local consultations or through nomination and election after consultation, and report the recommended candidate to the Central People's Government for appointment. The term of office of the first Chief Executive shall be the same as the regular term.

5. The Chief Executive of the Macao Special Administrative Region shall be responsible for preparing the formation of the First Government of the Region in accordance with this Law.

6. The First Legislative Council of the Macao Special Administrative Region shall be composed of 23 members, with 8 members returned through direct elections, 8 members returned through indirect elections, and 7 members appointed by the Chief Executive. If the composition of the last Macao Legislative Council before the establishment of the Macao Special Administrative Region is in conformity with the relevant provisions of this Decision and the Basic Law of the Macao Special Administrative Region, those of the elected members who uphold the Basic Law of the Macao Special Administrative Region of the People's Republic of China and pledge allegiance to the Macao Special Administrative Region of the People's Republic of China, and who meet the requirements set forth in the Basic Law of the Region may, upon confirmation by the Preparatory Committee, become members of the First Legislative Council of the Region. Any vacancy in the First Legislative Council of the Region shall be filled by a decision of the Preparatory Committee.

The term of office of members of the First Legislative Council of the Macao Special Administrative Region shall last until 15 October 2001.

7. The Preparatory Committee of the Macao Special Administrative Region shall be responsible for organizing the Court of the Macao Special Administrative Region in accordance with the Basic Law of the Region.

Decision of the National People's Congress on Approving the Proposal by the Drafting Committee for the Basic Law of the Macao Special Administrative Region on the Establishment of the Committee for the Basic Law of the Macao Special Administrative Region under the Standing Committee of the National People's Congress

(Adopted by the Eighth National People's Congress at its First Session on 31 March 1993)

The Eighth National People's Congress decides at its First Session:

1. to approve the Proposal by the Drafting Committee for the Basic Law of the Macao Special Administrative Region on the Establishment of the Committee for the Basic Law of the Macao Special Administrative Region under the Standing Committee of the National People's Congress; and

2. to establish the Committee for the Basic Law, of the Macao Special Administrative Region under the Standing Committee of the National People's Congress when the Basic Law of the Macao Special Administrative Region of the People's Republic of China is put into effect.