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全国人民代表大会常务委员会关于根据《中华人民共和国澳门特别行政区基本法》第一百四十五条处理澳门原有法律的决定 Decision of the Standing Committee of the National People's Congress on Disposition of the Existing Laws of Macao Pursuant to Article 145 of the (Basic Law of Macao Special Administrative Region of the People's Republic of China)

2006-05-14 15:30   我要纠错 | 打印 | 收藏 | | |

(Adopted by the 12th meeting of the Standing Committee of the Ninth National People's Congress on October 31st 1999)
颁布日期:19991031  实施日期:19991220  颁布单位:全国人大常委会

  The (Basic Law of Macao Special Administrative Region of the People's Republic of China) (hereinafter referred to as "Basic Law") provides in Article 145 that "Upon the foundation of Macao Special Administrative Region, the existing laws of Macao, except those declared conflicting herewith by the Standing Committee of the National People's Congress, shall be adopted as the laws of Macao Special Administrative Region, subject to any amendment or abolition pursuant to the provisions hereof and legal procedures if found subsequently conflicting herewith." In Article 8, it is provided that "The existing laws, decrees, administrative regulations and other regulatory documents of Macao, except those conflicting herewith or amended according to legal procedures by the legislative or other relevant authorities of Macao Special Administrative Region, shall be retained." In accordance with aforesaid provisions, the 12th meeting of the Standing Committee of the Ninth National People's Congress has discussed the proposal on disposition of the existing laws of Macao put forward by the Preparatory Committee of Macao Special Administrative Region of the National People's Congress, and decides as follows:

  I. The existing laws, decrees, administrative regulations and other regulatory documents of Macao, except those conflicting with the (Basic Law), shall be adopted as the laws of Macao Special Administrative Region.

  II. The existing laws of Macao set forth in Schedule A hereof conflict with the (Basic Law), and shall not be adopted as the laws of Macao Special Administrative Region.

  III. The existing laws of Macao set forth in Schedule B hereof conflict with the (Basic Law), and shall not be adopted as the laws of Macao Special Administrative Region; however, relevant affairs may be dealt with pursuant to the principles provided in (Basic Law) and referencing to the existing manners before new laws concerned are formulated by Macao Special Administrative Region.

  IV. The conflicting provisions with the (Basic Law) of the existing laws of Macao set forth in Schedule C hereof shall not be adopted as the laws of Macao Special Administrative Region.

  V. The existing laws of Macao adopted as the laws of Macao Special Administrative Region, since December 20th 1999, when applied, shall be necessarily modified, adapted, restricted or excluded, to conform to Macao's status after the People's Republic of China resumes the exercise of sovereignty over Macao and the relevant provisions of the (Basic Law).

  Subject to aforesaid principles, of the existing laws of Macao:

  (a) The preface and signing parts shall not be retained, and henceforth not the parts of the laws of Macao Special Administrative Region.

  (b) Those providing foreign affairs with respect to Macao Special Administrative Region, if not consistent with the national laws effective in Macao Special Administrative Region, shall be subject to such national laws and conform to the international rights enjoyed and the international obligations assumed by the Central People's Government.

  (c) Any provisions conferring prerogative treatment upon Portuguese shall not be retained, except those with respect to the reciprocity between Macao and Portugal.

  (d) Provisions with respect to the ownership of land shall be interpreted in accordance with Article 7 of the (Basic Law).

  (e) Provisions with respect to the prevailing of Portuguese language over Chinese language in legal effect shall be interpreted that both Portuguese and Chinese are official language; provisions as to requiring the must use of Portuguese or simultaneous use of both Portuguese and Chinese shall be dealt with pursuant to the provisions of Article 9 of the (Basic Law).

  (f) Provisions with respect to specialty or practicing qualification embodying injustice resulting from the governance of Macao by Portugal may be referenced to and applied in accordance with the provisions of Article 129 of the (Basic law) as transitional arrangement, before Macao Special Administrative Region makes any amendment thereto.

  (g) Provisions with respect to the identity and position of civil personnel recruited outside Macao with Portuguese or other foreign nationality shall be interpreted pursuant to the provisions of Article 99 of the (Basic Law).

  (h) Provisions quoting Portuguese law, if not prejudicial to the sovereignty of the People's Republic of China and not conflicting with the provisions of the (Basic Law), may be continued to be referenced to and applied as transitional arrangement, before Macao Special Administrative Region makes any amendment thereto.

  VI. Subject to clause V, for existing laws of Macao adopted as the laws of Macao Special Administrative Region, unless the context otherwise requires, the interpretation or application of the name, word, expression or sentence therein shall be in accordance with the principles on replacement provided for by Schedule D hereof.

  VII. The existing laws of Macao adopted as the laws of Macao Special Administrative Region may be amended or abolished pursuant to the provisions of the (Basic Law) and legal procedures if found conflicting with the (Basic Law) subsequently.

  The existing Portuguese laws governing Macao including laws formulated by Portuguese sovereign authority particularly for Macao shall cease to be effective in Macao Special Administrative Region as from December 20th 1999.

  Schedule A The following laws, decrees and other regulatory documents of the existing laws of Macao conflict with the (Basic Law), and shall not be adopted as the laws of Macao Special Administrative Region:

  (a) Law No. 5 / 90 / M on the evaluation of language level for government service and promotion;

  (b) ( Election System of Macao Legislative Council)- - Law No. 4 / 91 / M; (c) (Councilors' Charter) and amendments thereto (Law No. 7 / 93 /M, Law 10 / 93 M and Law 1 / 95 / M);

  (d) Decree No. 42 / 82 / M and Decree No. 36 / 89 / M on setting various medals to honor significant conduct done for the region;

  (e) Decree No. 58 / 84 /M on defining the competent entity negotiating contract or agreement involving local public administration with foreign public entity;

  (f) Decree No. 81 / 88 / M and Decree No. 10 / 92 / M on the retirement system of Portuguese far-east missionary;

  (g) (General Principles and Election System of Advisory Committee) - - Decree No. 51 / 91 / M; (h) Decree No. 11 / 92 / M on ratification of regulations on passport approval and issuance in Macao;

  (i) Decree No. 17 / 92 / M, Decree No. 18 / 92 / M, Decree No. 55 / 92 / M, Decree No. 45 / 96 / M, Decree No. 28 / 97 / M, Decree No. 8 / 98 / M and Decree No. 10 / 99 / M on standardizing the judicial system of Macao;

  (j) Decree No. 5 / 93 / M on clarifying the applicable scope of provisions in section 1, Article 13 of the (General Provisions of Macao Public Administration Personnel);

  (k) Decree No. 20 / 99 / M on interpretations to relevant problems with respect to the declaration of the president of Portugal granting Macao Court power of final jurisdiction and exclusive power of trial;

  (l) (Articles of Association of Legislative Council) - - Resolution No. 1 / 93 / M of Legislative Council.

  Schedule B The following laws and decrees of the existing laws of Macao conflict with the (Basic Law), and shall not be adopted as the laws of Macao Special Administrative Region; however, relevant affairs may be dealt with pursuant to the principles provided in (Basic Law) and referencing to the existing manners before new laws concerned are formulated by Macao Special Administrative Region:

  (a) Law No. 6 / 86 / M on standardizing the public property system within Macao water area;

  (b) Decree No. 60 / 92 M and Decree No. 37 / 95 / M on regulations of determining personnel coming to Macao for duty execution recruited from the Republic of Portugal;

  (c) Decree No. 19 / 99 / M on ratification of new system of Macao I. D. card issuance.

  Schedule C The partial provisions of the following laws and decrees of the existing laws of Macao conflict with the (Basic Law), and shall not be adopted as the laws of Macao Special Administrative Region:

  (a) Provisions on land sales and special approvals and licenses entitling Portuguese public legal person with capacity of right to ownership of immovables to possess and use land in ( Approved Land Law) (Law No. 6 / 80 / M);

  (b) Section 5, Article 18 of the ( Registration of Voters) (Law No. 10 / 88 / M);

  (c) Provisions in (Municipal Legal System) (Law No. 24 / 88 / M) indicating regime of municipal authority;

  (d) Section 1 Article 59 and Section 1 Article 60 in Law No. 8 / 89 / M with respect to audio-visual and broadcasting legal system;

  (e) Article 2, 17 and 41 of the (Anticorruption viz Anti-administrative Misconduct Ombudsman) (Law No. 11 / 90 / M);

  (f) Amendments to the ( Election System of Macao Legislative Council ) by Law No. 1 / 96 / M;

  (g) Section 1 Article 10 and Section 2 Article 21 of Decree No. 41 / 83 / M on local general budget formulation, public financial statement formulation, execution and management, business account formulation, and regulations on inspection of financial activities in Macao public administrative region;

  (h) Article 30 of Decree No. 90 / 88 / M on general conditions that shall be complied with by social facilities for developing social assistance activities for the children, youth, elderly, disabled or common resident;

  (i) Provisions for application of Portuguese extradition laws in Article 38 and Article 42 of Decree No. 5 / 91 / M with respect to regarding trafficking in or use of narcotics as criminal conduct and advocating anti-narcotics measures;

  (j) Article 1 of Decree No. 19 / 92 / M on modifying regulations on establishing security forces;

  (k) Subsection D Section 1 Article 50 of (Road Code) (Decree No. 16 / 93 / M); (l) Provisions on technical assistance for the election and registration of voters of the Republic of Portugal in Section A Article 14 of Decree No. 23 / 94 / M with respect to recasting the organizational structure of department of administration viz government service;

  (m) Provisions on "commensuration day " in Article 44 of Decree No. 2 / 95 / M with respect to recasting the organizational structure of inspection team of marine police;

  (n) Provisions on "commensuration day " in Article 69 of Decree No. 3 / 95 / M with respect to recasting the organizational structure of office of security police;

  (o) Provisions on "commensuration day " in Article 41 of Decree No. 4 / 95 / M with respect to recasting the organizational structure of fire brigade;

  (p) Section 5 Article 19 of Decree No. 15 / 95 / M with respect to ratification of the regulations on Macao port authority organization;

  (q) Provisions on "personnel with military appointment" in Schedule 5 and 6 of Decree No. 17 / 95 / M with respect to adjustment of attached schedules of ( General Provisions of Macao Public Administration Personnel );

  (r) Subsection B Section 2 Article 5 of Decree No. 55 / 95 / M with respect to modifying the general regulations on entering, staying at and residing in Macao.

  Schedule D The interpretation or application of the name, word, expression and sentence in the existing laws of Macao adopted as the laws of Macao Special Administrative Region shall generally comply with the following principles on replacement:

  (a) If the content of any provision referring to "Republic of Portugal", "Portugal", "Portuguese government", "the Republic", "president of the Republic", "government of the Republic", "minister of the government " or other similar name, word, expression or sentence involves affairs administered by the Central Government or the relationship between the Central Government and Macao stipulated by the (Basic Law), such name, word, expression or sentence shall be interpreted correspondingly as China, Central Government or other competent authority of China, or the government of Macao Special Administrative Region in other condition.

  (b) Any name of "Macao", "Macao region", "Local", "Macao jurisdiction" and others shall be interpreted as "Macao Special Administrative Region". Any statement with respect to the domain of Macao Special Administrative Region shall be applied only after relevant interpretation given in accordance with the map of Macao Special Administrative Region promulgated by the State Council.

  (c) Any name, word, expression or sentence of "Courts of Macao Jurisdiction", "Court of Common Jurisdiction", "Court of Administration", "High Court" and "Office of Procurators" and others shall be interpreted correspondingly as Courts of Macao Special Administrative Region, magistrate court, administrative court, intermediary court or procuratorate.

  (d) Any name of "Governor" and "Governor of Macao" shall be interpreted as the Executive Officer of Macao Special Administrative Region.

  (e) Any name, word, expression or sentence referring to legislative council, judiciary, administrative authority or personnel thereof shall be interpreted and applied in accordance with relevant provisions of the (Basic Law).

  (f) Any name, word, expression or sentence of "the People's Republic of China", "China", "State" or the like shall be interpreted as the People's Republic of China comprising Taiwan, Hong Kong and Macao; any name, word, expression or sentence referring separately or simultaneously to mainland, Taiwan, Hong Kong and Macao shall be interpreted correspondingly as a part of the People's Republic of China.

  (g) Any name, word, expression or sentence of "foreign country" or "other countries" or the like shall be interpreted as any country or region except the People's Republic of China, or as "any place except Macao Special Administrative Region" according to the contents of such laws or provisions; any name, word, expression or sentence of "foreigner" or the like shall be interpreted as any person except citizen of the People's Republic of China.

  (h) Any name, word, expression or sentence of "Court of Auditors", "Anticorruption viz Anti-administrative Misconduct Ombudsman" or the like shall be interpreted as "Audit Office" or "Anticorruption Ombudsman".

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