中华人民共和国澳门特别行政区基本法(二)
2009-03-24 法律英语 来源:互联网 作者: ℃Article 144 The power of amendment of this Law shall be vested in the National People's Congress.
The power to propose bills for amendments to this Law shall be vested in the Standing Committee of the National People's Congress, the State Council, and the Macao Special Administrative Region. Amendment bills from the Macao Special Administrative Region shall be submitted to the National People's Congress by the delegation of the Region to the National People's Congress after obtaining the consent of two-thirds of the deputies of the Region to the National People's Congress, two-thirds of all the members of the Legislative Council of the Region, and the Chief Executive of the Region.
Before a bill for amendment to this Law is put on the agenda of the National People's Congress, the Committee for the Basic Law of the Macao Special Administrative Region shall study it and submit its views.
No amendment to this Law shall contravene the established basic policies of the People's Republic of China regarding Macao.
Chapter IX Supplementary Provisions
Article 145 Upon the establishment of the Macao Special Administrative Region, the laws previously in force in Macao shall be adopted as laws of the Region except for those which the Standing Committee of the National People's Congress declares to be in contravention of this Law. If any laws are later discovered to be in contravention of this Law, they shall be amended or cease to have force in accordance with the provisions of this Law and legal procedure.
Documents, certificates and contracts valid under the laws previously in force in Macao, and the rights and obligations provided for in such documents, certificates or contracts shall continue to be valid and be recognized and protected by the Macao Special Administrative Region, provided that they do not contravene this Law.
The contracts signed by the Portuguese Macao Government whose terms of validity extend beyond 19 December 1999 shall continue to be valid except those which a body authorized by the Central People's Government publicly declares to be inconsistent with the provisions about transitional arrangements contained in the Sino Portuguese Joint Declaration and which need to be re-examined by the Government of the Macao Special Administrative Region.
Annex I Method for the Selection of the Chief Executive of the Macao Special Administrative Region
1. The Chief Executive shall be elected by a broadly representative Election Committee in accordance with this Law and appointed by the Central People's Government.
2. The Election Committee shall be composed of 300 members from the following sectors:
Industrial, commercial and financial sectors: 100
Cultural and educational sectors and
other professions: 80
Labour, social services, religious and
other sectors: 80
Representatives of members of the
Legislative Council, representatives
of members of the municipal organs,
Macao deputies to the National People's
Congress, and representatives of Macao
members of the National Committee of the
Chinese People's Political Consultative
Conference: 40
The term of office of the Election Committee shall be five years.
3. The delimitation of the various sectors, the organizations in each sector eligible to return Election Committee members and the number of such members returned by each of these organizations shall be prescribed by an electoral law enacted by the Macao Special Administrative Region in accordance with the principles of democracy and openness.
Corporate bodies in various sectors shall, on their own, elect members to the Election Committee, in accordance with the number of seats allocated and the election methods as prescribed by the electoral law.
Members of the Election Committee shall vote in their individual capacities.
4. Candidates for the office of Chief Executive may be nominated jointly by not less than 50 members of the Election Committee. Each member may nominate only one candidate.
5. The Election Committee shall, on the basis of the list of the nominees, elect the Chief Executive designate by secret ballot on a one-person-one-vote basis. The specific election method shall be prescribed by the electoral law.
6. The first Chief Executive shall be selected in accordance with the “Decision of the National People's Congress of the People's Republic of China on the Method for the Formation of the First Government, the First Legislative Council and the First Judiciary of the Macao Special Administrative Region”。
7. If there is a need to amend the method for selecting the Chief Executive for the terms subsequent to the year 2009, such amendments must be made with the endorsement of a two-thirds majority of all the members of the Legislative Council and the consent of the Chief Executive, and they shall be reported to the Standing Committee of the National People's Congress for approval.
Annex II Method for the Formation of the Legislative Council of the Macao Special Administrative Region
1. In the first term, the Legislative Council shall be formed in accordance with the “Decision of the National People's Congress of the People's Republic of China on the Method for the Formation of the First Government, the First Legislative Council and the First Judiciary of the Macao Special Administrative Region”。
The Legislative Council in the second term shall be composed of 27:
Members directly returned: 10
Members indirectly returned: 10
Appointed members: 7
The Legislative Council in the third and subsequent terms shall be composed of 29:
Members directly returned: 12
Members indirectly returned: 10
Appointed members: 7
2. The method for electing members of the Legislative Council shall be specified by an electoral law introduced by the Government of the Macao Special Administrative Region and passed by the Legislative Council.
3. If there is a need to change the method for forming the Legislative Council of the Macao Special Ad
ministrative Region in and after 2009, such amendments must be made with the endorsement of a two-thirds majority of all the members of the Council and the consent of the Chief Executive, and they shall be reported to the Standing Committee of the National People's Congress for the record.
Annex III National Laws to Be Applied in the Macao Special Administrative Region
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:
1. Resolution on the Capital, Calendar, National Anthem and National Flag of the People's Republic of China
2. Resolution on the National Day of the People's Republic of China
3. Nationality Law of the People's Republic of China
4. Regulations of the People's Republic of China Concerning Diplomatic Privileges and Immunities
5. Regulations of the People's Republic of China Concerning Consular Privileges and Immunities
6. Law on the National Flag of the People's Republic of China
7. Law on the National Emblem of the People's Republic of China
8. Law of the People's Republic of China on the Territorial Sea and the Contiguous Zon
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