中华人民共和国澳门特别行政区驻军法 Law of the Peoples Republic of China on Garrisoning the Macao Special Administrati
2009-03-24 法律英语 来源:互联网 作者: ℃(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 law
s 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 Commissi
on 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 ethic
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