基础法律英语辅导热招
您的位置:外语教育网 > 法律英语 > 英文法规 > 正文

中华人民共和国澳门特别行政区驻军法 Law of the People's Republic of China on Garrisoning the Macao Special Administrative Region

2006-05-14 16:00   我要纠错 | 打印 | 收藏 | | |

(Adopted by the tenth Meeting of the Standing Committee of the Ninth National People's Congress on June 28,1999, promulgated by Order No. 18 of the President of the People' Republic of China, and effective as of December 20, 1999)
颁布日期:19990628  实施日期:19991220  颁布单位:全国人大常委会

  Contents

  Chapter I General Provisions

  Chapter II Functions and Responsibilities of the Macao Garrison

  Chapter III Relationship Between the Macao Garrison and the Government of the Macao Special Administrative Region

  Chapter IV Obligation of and Discipline for Members of the Macao Garrison

  Chapter V Judicial Jurisdiction over Members of the Macao Garrison

  Chapter VI Supplementary Provisions

  Chapter I General Provisions

  Article 1 This Law is enacted in accordance with the Constitution and the Basic Law of the Macao Special Administrative Region to ensure the lawful performance of functions and responsibilities by the military forces by the Central People's Government in the Macao Special Administrative Region for defence, and to maintain the sovereignty, unity and territorial integrity of the State and the security of Macao.

  Article 2 The military forces stationed by the Central People's Government in the Macao Special Administrative Region for defense shall be designated as the Macao Garrison of the Chinese People's Liberation Army (hereinafter referred to as the Macao Garrison).

  The Macao Garrison shall be subject to the direction of the Central Military Commission of the People's Republic of China. Its components and the number of its members shall be determined according to the need for the defence of the Macao Special Administrative Region.

  The Macao Garrison shall practice a system of rotation of its members.

  Article 3 The Macao Garrison shall not interfere in the local affairs of the Macao Special Administrative Region. The Government of the Macao Special Administrative Region may, when necessary, ask the Central People's Government for assistance from the Macao Garrison in the maintenance of public order or in disaster relief.

  Article 4 Members of the Macao Garrison shall abide by not only national laws but also the laws of the Macao Special Administrative Region.

  Article 5 Expenditures for the Macao Garrison shall be borne by the Central People's Government.

  Chapter II Functions and Responsibilities of the Macao Garrison

  Article 6 The Macao Garrison shall perform the following defence functions and responsibilities:

  (1)preparing against and resisting aggression, and safeguarding the security of the Macao Special Administrative Region;

  (2)carrying out defence duties;

  (3)administering military facilities;

  (4)handling foreign-related military affairs.

  Article 7 In the event that the Standing Committee of the National People's Congress decides to declare a state of war or, by reason of turmoil within the Macao Special Administrative Region, decides that the Region is in a state of emergency, the Macao Garrison shall perform its duties in accordance with the provisions of the national laws that the Central people's Government decides to apply in the Region.

  Article 8 No weapons and equipment, such as aircraft and vessels, and no materials of the Macao Garrison , and no members or vehicle of the Garrison that bears a certificate or a document of certification issued by the Macao Garrison showing that the bearer is on official duty, shall be inspected, searched, seized or detained by any law-enforcing officer of the Macao Administrative Region.

  The Macao Garrison and its members shall also enjoy other rights and immunities prescribed by the laws in force in the Macao Special Administrative Region.

  Article 9 Members of the Macao Garrison may, in accordance with the provisions of the laws in force in the Macao Special Administrative Region, take measures to stop any act which obstructs their performance of official duties.

  Chapter III Relationship Between the Macao Garrison and the Government of the Macao Special Administrative Region

  Article 10 The Government of the Macao Special Administrative Region shall support the Macao Garrison in its performance of defence functions and responsibilities and guarantee the lawful rights and interests of the Macao garrison and its Members.

  The Macao Special Administrative Region shall, by means of law, guarantee the rights and immunities that the Macao Garrison and its members should enjoy when performing their functions and responsibilities.

  The Macao Special Administrative Region shall consult the Macao Garrison when formulating any policy or drafting and legislation which concerns the Macao Garrison.

  Article 11 The Macao Garrison shall notify in advance the Government of the Macao Special Administrative Region of any military activities it is to conduct such as training exercises and manoeuvres which may affect the public interests of the Macao Special Administrative Region.

  Article 12 The Macao Garrison and the Government of the Macao Special Administrative Region shall jointly protect the military facilities within the Macao Special Administrative Region.

  The Macao Garrison shall delimit military restricted zones in conjunction with the Government of the Macao Special Administrative Region. The location and boundaries of the military restricted zones shall be declared by the Government of the Macao Special Administrative Region.

  The Government of the Macao Special Administrative Region shall assist the Macao Garrison in maintaining the security of the military restricted zones, and prohibit any organization or individual from damaging or endangering any military facilities.

  Without permission of the Commander of the Macao Garrison or other officers as he may authorizes to give such permission, no person, vehicle, vessel or aircraft other than those of the Macao Garrison shall enter the military restricted zones. Guards of the military restricted zones shall have the right to stop according to law any unauthorized entry into any military restricted zone or any act which damages or endangers any military facilities.

  The Macao Garrison shall protect the natural resources, historical relics and monuments, and other non-military rights and interests within the military restricted zones in accordance with the laws of the Macao Special Administrative Region.

  Article 13 Any land used by the Macao Garrison for military purposes shall be supplied without compensation by the Government of the Macao Special Administrative Region.

  Any land used by the Macao Garrison for military purposes, when approved by the Central People's Government to be no longer needed for defence purposes, shall be turned over without compensation to the Government of the Macao Special Administrative Region for disposal.

  If the Government of the Macao Special Administrative Region needs for public use any part of the land used for military purposes by the Macao Garrison, it shall seek approval of the Central People's Government; where approval is obtained, the Government of the Macao Special Administrative Region shall make reprovision of land and military facilities for the Macao Garrison at such sites as agreed to by the Central People's Government, and shall bear all the expenses and costs entailed.

  Article 14 Where the request of the Government of the Macao Special Administrative Region to the Central People's Government for assistance from the Macao Garrison in the maintenance of public order or in disaster relief is approved by the Central People's Government, the Macao Garrison shall call out troops in accordance with the order of the Central Military Commission to carry out tasks of assistance in the maintenance of public order or in disaster relief, and upon completion of the tasks, the troops shall return to their barracks immediately.

  The troops of the Macao Garrison who are called out to assist in the maintenance of public order or in disaster relief shall, under the arrangement of the Government of the Macao Special Administrative Region, be commanded by the Commander of the Macao Garrison or the officer authorized by him.

  Members of the Macao Garrison may, in the course of rendering assistance in the maintenance of public order or in disaster relief, exercise the powers matched to the tasks they carry out and conferred to law-enforcing personnel concerned by the laws of the Macao Special Administrative Region.

  Article 15 The Macao Garrison and the Government of the Macao Special Administrative Region shall establish liaison to deal with matters concerning the Macao Garrison through consultation.

  Chapter IV Obligation of and Discipline for Members of the Macao Garrison

  Article 16 Members of the Macao Garrison shall fulfill the following obligations:

  (1) to be loyal to their motherland, perform their functions and responsibilities, maintain the security, honour and interests of their motherland, and safeguard the security of Macao;

  (2) to abide by national laws and the laws of the Macao Special Administrative Region, and observe military discipline;

  (3) to respect the organs of political power, the social system and the ways of life of the Macao Special Administrative Region;

  (4) to cherish the public property of the Macao Special Administrative Region and the private property of Macao residents and other persons;

  (5) to observe public ethics and cultivate civility and courtesy.

  Article 17 Members of the Macao Garrison shall not join any political, religious or social organization in Macao.

  Article 18 The Macao Garrison shall not engage in any form of profit-making business activities. Members of the Macao Garrison shall not engage in any other activity incompatible with their functions and responsibilities as servicemen.

  Article 19 Any member of the Macao Garrison who contravenes any national law or law of the Macao Special Administrative Region shall be investigated for legal liability according to law.

  Any member of the Macao Garrison who breaches military discipline shall be subject to disciplinary sanction.

  Chapter V Judicial Jurisdiction over Members of the Macao Garrison

  Article 20 Criminal offences committed by members of the Macao Garrison shall be under the jurisdiction of the military judicial organs; but offences which are committed by members of the Macao Garrison when not performing their official duties and in such violation of the personal right or property right of Macao residents or other persons who are not of the Macao Garrison or otherwise in such contravention of the laws of the Macao Special Administrative Region as to constitute crimes, shall be subject to the jurisdiction of the judicial organs of the Macao Special Administrative Region.

  The military judicial organ and the judicial organs of the Macao Special Administrative Region may transfer to the other party the criminal cases of members of the Macao Garrison under their respective jurisdiction if they consider it to be more appropriate for the other party to exercise jurisdiction, provided that consensus is reached through consultation.

  Macao residents or other persons not of the Macao Garrison involved as defendants in the criminal cases of members of the Macao Garrison under the jurisdiction of the military judicial organs shall be tried by the courts of the Macao Special Administrative Region.

  Article 21 Any person who is lawfully arrested as a suspected offender by law-enforcing officers of the Macao Special Administrative Region, once confirmed upon investigation to be a member of the Macao Garrison, shall be handled over to the Macao Garrison for custody. Jurisdiction over the case involving the person in custody shall be determined in accordance with the provisions in Article 20 of this Law.

  Article 22 Any member of the Macao Garrison sentenced by a court of the Macao Special Administrative Region to criminal punishment which deprives him of or restricts his personal freedom or to security measures shall be delivered for sentence enforcement according to the provisions of the laws of the Macao Special Administrative Region, except for the case in which the place of sentence enforcement is otherwise determined by a relevant law-enforcing organ of the Macao Special Administrative Region and the military judicial organ through consultation.

  Article 23 Where any member of the Macao Garrison, in contravention of the laws of the Macao Special Administrative Region, infringes the civil rights of any Macao resident or other person not of the Macao Garrison, the parties concerned may seek settlement through consultation or mediation; if they are unwilling or fail to reach settlement through consultation or mediation, the infringed party may bring an action in the court. Cases of tort arising from acts committed by members of the Macao Garrison when not performing their official duties shall be subject to the jurisdiction of the courts of the Macao Special Administrative region; cases of tort arising from acts committed by members of the Macao Garrison when performing their official duties shall be subject to the jurisdiction of the Supreme People's Court of the People's Republic of China, and compensation for any loss or injury incurred by acts of tort shall be governed by the laws of the Macao Special Administrative Region.

  Article 24 Where any contractual disputes arises within the Macao Special Administrative Region between any organ or unit of the Macao Garrison and any Macao resident or other person not of the Macao garrison, the parties concerned may settle their dispute through consultation or mediation; if the parties are unwilling or fail to reach settlement through consultation or mediation, they may submit the dispute to the arbitration institution for arbitration in accordance with the arbitration clause contained in the contract or with a written arbitration agreement reached by the parties afterwards. If no arbitration clauses is contained in the contract and no written arbitration agreement is reached afterwards, the parties may institute proceedings in a court of the Macao Special Administrative Region, except that the parties agree otherwise as to the court for instituting proceedings.

  Article 25 Certificates issued by the Macao Garrison regarding facts such as identity of membership of the Macao Garrison and acts in performance of official duties shall be valid evidence in proceedings in the courts of the Macao Special Administrative Region, unless the contrary is proved.

  Article 26 Acts of the State of the Macao Garrison such as defense affairs shall not be subject to the jurisdiction of the courts of the Macao Special Administrative Region.

  Article 27 Organs or units of the Macao Garrison shall comply with the judgements or orders issued by the courts of the Macao Special Administrative Region concerning arrangement of their property; but the said courts shall not enforce judgements or orders on any weapon, equipment, material or other property of the Macao garrison.

  Article 28 The military judicial organs may, through consultation, maintain juridical relations with the courts and the relevant law-enforcing organs of the Macao Special Administrative Region, and they may render assistance to each other.

  Chapter VI Supplementary Provisions

  Article 29 The power of interpretation of this Law shall be vested in the Standing Committee of the National People's Congress.

  Article 30 This Law takes effect as of December 20,1999.

相关资讯:
网站导航:
 四六级 指南 动态 经验 试题 资料  托福 指南 动态 经验 留学 备考
 雅思 指南 动态 机经 经验 辅导  公共英语 指南 动态 备考 试题 辅导
 日语 就业 辅导 留学 考试 报考  法语 资料 文化 考试 留学 辅导
 韩语 入门 口语 阅读 留学 文化  西语 辅导 资料 考试 留学 风采
基础法律英语
350元/门
系统讲解知识,全面提升水平
课时数:18课时左右
学员 tueiwi:
自我感觉LEC考得不错,感谢外语教育网的法律英语课程老师。
学员 tyjf:
外语教育网的法律英语信息不错,希望有朝一日可以成为法律达人,顶起!
学员 Alice12345:
我报的是法律英语的辅导班。因为英语底子不太好,一直没有太大的进步。后来,我在外语教育网报名参加了网上培训。感觉老师很负责。课程内容也详细。在老师的帮助下,感觉我的法律英语的水平得到了长足的提高。很感谢法律英语的老师的教导。谢谢老师!
学员 lionm:
一直在学法律英语,但总是找不到门路。不但单词多,而且本来认识的单词意思又变了,头痛死了。听了李文沛老师的法律英语课程后,我觉得好多了。希望能网校的法律英语课程能继续开个中级班。
学员 xyz521:
我一直在找法律英语的课程都没找到,偶然的机会来到外语教育网,发现这里的法律英语的课程真的很不错、信息也很齐全,绝对支持哦!
学员 futami:
以前自己看书,感觉非常吃力,很多地方看不懂。抱着试试看的心理,我报名参加了外语教育网的基础法律英语辅导。沙老师和李老师讲得非常好,重点、难点,经过老师的系统讲解,我都基本掌握了。就连冥思苦想都不能解决的难题,也通过答疑板请教老师而得到了满意的答复。在此衷心感谢网校的老师。
学员 hnigni:
我是法律专业的本科生,因为工作的需要,必须得会法律英语,可之前在学校的时候没好好学过啊。正头疼,同事推荐了外语教育网,于是我就报了名,开始学习。在学习过程中,发现沙老师的课真的很不错,她不但英语口语发音标准,而且她授课的内容通俗易懂,很方便我们接受和学习。另外,外语教育网的教学模式很适合我这种已经参加了工作的人,可以让我兼顾工作和学习,也很不错。特此,到网上来赞一下沙老师!沙老师,谢谢您!也谢谢网校的良好服务!在外语教育网学习,真值!
版权声明
   1、凡本网注明 “来源:外语教育网”的所有作品,版权均属外语教育网所有,未经本网授权不得转载、链接、转贴或以其他方式使用;已经本网授权的,应在授权范围内使用,且必须注明“来源:外语教育网”。违反上述声明者,本网将追究其法律责任。
  2、本网部分资料为网上搜集转载,均尽力标明作者和出处。对于本网刊载作品涉及版权等问题的,请作者与本网站联系,本网站核实确认后会尽快予以处理。
  本网转载之作品,并不意味着认同该作品的观点或真实性。如其他媒体、网站或个人转载使用,请与著作权人联系,并自负法律责任。
  3、本网站欢迎积极投稿
  4、联系方式:
编辑信箱:for68@chinaacc.com
电话:010-82319999-2371