Yee says, largely a duplicate of the original but, as noted by professor of china university of political science and law jiao hong chang, the two basic laws have different characteristics. The chinese governments new interpretation of the basic law pushes back the day when hong kong people will be able to exercise their right to choose their political leaders, human rights watch. This paper discusses the proposal to give execution to the obligation stated in article 23 of the macau basic law to criminalize a range of conducts related to the protection in the macau special administrative region of national security interests of the prc. For a period of 50 years, macau will thus retain its capitalist economy and some political autonomy, but foreign policy and defense. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. It enshrines within a legal document the important concepts of one country, two. The success of hong kong on several fronts shows, in more ways than one, the basic law is the legal guarantee of its prosperous development. D uring a talk at the rui cunha foundation, former macau lawmaker leonel alberto alves deemed macaus basic law as the citys biggest advantage for its future development alves, recalling. A study of the status of hong kong in chinas system of government under the principle of one country, two systems guoming li. Democrat legislators have said the law in macau is intended by china to set an example for less pliant hong kong. A thesis submitted to the department of law of the london school. Within macau, the basic law has constitutional rank.
Hong kongs court of final appeal cfa will, in an unprecedented move, turn to the national peoples congress standing committee npcsc to seek interpretation of. The chinese government says the law is to fulfil article 23 of the basic law governing the return of the former portuguese colony of macau and former british colony of hong kong to chinese sovereignty. Laws and conventions rpmacau intellectual property. The constitution of the peoples republic of china chinese constitution, the basic law of the macau sar mbl, and the basic law of the hong kong sar hkbl all share the same characteristic of providing for fundamental rights and duties of citizens or residents, as the case may be, within a single chapter.
Article 23 of the hong kong basic law provides that the hong kong special administrative region shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the central peoples government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the region, and to prohibit. What is the difference between the basic law of the macau. This law set out the legal regime of management, namely the constitution, exercise, modi. Basic law of the hong kong special administrative region. Chng poh v the chief executive of the hong kong special. The basic law is hereby published in the federal law gazette pursuant to paragraph 3 of article 145. Macao special administrative region administrative. Hong kongs justice secretary has claimed that a proposal to set up an area under mainland chinese law at the west kowloon express rail link terminus will not breach the basic law, as. Xu chang in may 2012, the director of public administration and civil service bureau of the macao. The laws previously in force in hong kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law shall be maintained, except for any that contravene this law, and subject to any amendment by the legislature of the hong kong special administrative region. That power was to be found not by looking to the history of the royal prerogative but by looking at the basic law itself which was to protect the judgment update 09 fundamental freedoms of all residents. The basic law of macau, approved in march 1993, three years after that of hong kong, is, as renowned researcher herbert s. A study on the question of portuguese being an official.
Decree of the president of the peoples republic of china no. Basic law for the federal republic of germany deutscher. Laws listed in attachment iii to this law shall be confined to those relating to defence and foreign affairs as well as other matters outside the limits of the autonomy of the region as specified by this law. The basic law and democratization in hong kong the basic law surely put the government under pressure to abandon its resistance to democracy. A preliminary discussion on the mechanism of interpreting the basic law of the macao sar zheng wei i. A basic law consultative committee formed purely by hong kong people was established in 1985 to canvass views in hong kong on the drafts. Basic law of the macau special administrative region. Those accidents began with the british colonizers agreeing, for reasons of diplomacy. It was evident that the basic law, while giving the ce certain. Posted on november 6, 2017 august 27, 2019 by changhao wei posted in session watch tagged antiunfair competition law, criminal law amendment x, hong kong basic law, law enforcement inspection, macau basic law, national anthem law, personnel, public libraries law, standardization law, state supervision system reform, supreme peoples court. A preliminary discussion on the mechanism of interpreting.
The following national laws shall be applied locally with effect from 20 december 1999 by way of promulgation or legislation by the macao special administrative region. Basic law of the macao special administrative region of. The constitutional relationship between china and hong kong. Iclg gambling laws and regulations macau covers common issues in gambling laws and regulations including relevant authorities and legislation, application for a licence, licence restrictions, digital media, enforcement and liability in 39 jurisdictions. These statutes replace and revoke all previous legislation on industrial property matters as well as removing the jurisdiction of the portuguese institute of industrial property. Introduction under the guidance of the policy of one country, two systems, the basic law of the macao special administrative region of the peoples republic of china hereinafter as the basic. Kong special administrative region of the peoples republic of china draft and its related documents addressing the third session of the seventh national. The standing committee of the national peoples congress may add to or delete from the list of laws in annex iii after consulting its committee for the basic. No amendment to this law shall contravene the established basic policies of the peoples republic of china regarding macao.
Macao basic law basic law of the macao special administrative region of the people s republic of china adopted by the eighth national peoples congress at its first session on 31 march 1993 unofficial translation, for reference only index. Very sensitive issues being basic law is good macau. Annex iii national laws to be applied in the macao special administrative region. Heres one big difference between the two basic laws. The basic policies of the peoples republic of china regarding macao have been elaborated by the chinese government in the sino. This database contains the basic law of the macao special administrative region of the peoples republic of china and is based on data obtained from the macao sar government printing bureau website. The london school of economics and political science. Basic law vital to hks success and stability opinion. Basics of the law pdf 15p basics of the law pdf 15p currently this section contains no detailed description for the page, will update this page soon. Amendment to annex ii to the basic law of the hong kong special administrative region of the peoples republic of china concerning the method for the formation of the legislative council of the hong kong special administrative region and its voting procedures recorded by the standing committee of the eleventh. The basic law also requires laws listed in annex iii shall be confined to those relating to defense and foreign affairs, and other matters outside the limits of the autonomy of the sar as specified by the basic law. The states constitution and the basic law are the constitutional basis of the establishment of the hksar and the systems practised in the region, including the political structure. Constitutional development in hksar should adhere to the following 4 main principles under the basic law. Anthem law bill for hk, macao tabled to npcsc hong kong.
Legal system of the hong kong special administrative region. Congress hereby enacts the basic law of the macao special administrative region of the peoples republic of china, prescribing the systems to be practiced in the macao special administrative region, in order to ensure the implementation of the basic policies of the peoples republic of china regarding macao. Pdf cipolla the basic laws of human stupidity akis. The standing committee of the national peoples congress may add to or delete from the list of laws in annex iii after consulting its. In 2008, the macau government introduced the national security law something already provided for in article 23 of the basic law. In accordance with article 31 of the constitution of the peoples republic of china, macau has special administrative region status, which provides constitutional guarantees for implementing the policy of one country, two systems and the constitutional basis for enacting the basic law of the macau special administrative region. Unlike in hong kong, the adaptation took place without a ripple in the neighbouring region, the first and only attempt to do so in 2002 brought 750,000 people on to the streets in protest, forcing the government to withdraw the proposal. The basic law was drafted by a committee composed of members from both hong kong and the mainland. The basic law is a constitutional document for the. Article 9 of the macao basic law stipulates, in addition to the chinese language, portuguese. Imperfect twin being basic law is good macau business. The regulation of article 23 of the macau basic law. The basic law of the macao special administrative region.
Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. Basic laws and authorities of the national archives and records. The internationalization of an historical autonomy 639 2 this analytical framework is borrowed from benny tai, who uses it very successfully in several papers. Basic law of the macao macau special administrative. Basic law of the macao special administrative regionannex iii. The basic law of the hong kong special administrative region of the peoples republic of. Chapter i general provisions article 1 object this law establishes the general regime of labour relations. Before a bill for amendment to this law is put on the agenda of the national peoples congress, the committee for the basic law of the macao special administrative region shall study it and submit its views. This guide to law online macau contains a selection of chinese legal, juridical, and governmental sources accessible through the internet. This law set out the legal regime of management, namely the constitution, exercise, modification, transmission and extinction of the right of use and development of the lands located in the macau sar. The basic law of the hong kong special administrative region of the peoples republic of china published by the constitutional and mainland affairs bureau designed by the information services department printed by the government logistics department hong kong special administrative region government. Pdf macau contract law international encyclopaedia of law.
The basic law of the hong kong special administrative region of the peoples republic of china. Electronic freedom of information act amendments of 1996. The basic law of the macao special administrative region of the peoples republic of china adopted at the first session of the eighth national peoples congress on march 31. Basic law of the macao special administrative region. Macao special administrative region administrative regulation no.
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