The Basic Law of the Macau Special Administrative Region of the People's Republic of China is the constitution of Macau, replacing the Estatuto Orgânico de Macau, which was effective since 1976, on 20 December 1999.
In accordance with Article 31 of the Constitution of the People's 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. The Macau Special Administrative Region is directly under the authority of the central government of China in Beijing, which controls the foreign affairs and defense of Macau but otherwise grants the region "a high degree of autonomy." The Basic Law took force on 20 December 1999, and is to remain in effect for 50 years.
Macau law is broadly based on Portuguese law, and therefore part of the civil law tradition of continental European legal systems. Portuguese law is itself highly influenced by German law. However, many other influences are present, including Chinese law, Italian law, and some narrow aspects of common law.
The apex of the legal system is the Basic Law of the Macau SAR, a Chinese law approved in accordance with and due to the Sino-Portuguese Joint Declaration on the Question of Macau (an international treaty that is officially deposited at the UN) and with article 31 of the Constitution of the PRC. Within Macau, the Basic Law has constitutional rank. The Basic Law of Macau is modelled upon the Basic Law of Hong Kong, although it is not totally equal, as it namely is influenced by the Portuguese Constitution in some points as, for example, in some norms concerning fundamental rights. The International Covenant on Civil and Political Rights applies in Macau.
The legal system of Macau was not substantially modified in 1999, as a result of the transfer of power from Portugal to the PRC, given that there is a principle of continuity of the pre-existing legal system, according to which all sources in force prior to the transfer of sovereignty continued to apply, with some minor exceptions that were specified in December 1999.
Coordinates: 22°10′N 113°33′E / 22.167°N 113.55°E / 22.167; 113.55
Macau (Chinese: 澳門), also spelled Macao ( /məˈkaʊ/), is one of the two special administrative regions of the People's Republic of China, the other being Hong Kong. Macau lies on the western side of the Pearl River Delta across from Hong-Kong which is to the east, bordering Guangdong province to the north and facing the South China Sea to the east and south.
The territory's economy is heavily dependent on gambling and tourism, but also includes manufacturing.
Macau is a former Portuguese colony, and is both the first and last European colony in China. Portuguese traders first settled in Macau in the 16th century and subsequently administered the region until the handover on 20 December 1999. The Sino-Portuguese Joint Declaration and the Basic Law of Macau stipulate that Macau operates with a high degree of autonomy until at least 2049, fifty years after the transfer. Macau was first lent by the Chinese empire as a trading port in the 16th century, and had to administer the city under Chinese authority and sovereignty. In 1887, Macau became a colony of the Portuguese empire and its sovereignty transferred to the Portuguese.
The term basic law is used in some places as an alternative to "constitution", implying it is a temporary but necessary measure without formal enactment of constitution. A basic law is either a codified constitution, or in countries with uncodified constitutions, a law given to have constitution powers and effect. The name is usually used to imply an interim or transitory nature, or avoid attempting a claim to being "the highest law", often for religious reasons. In West Germany the term basic law (Grundgesetz) was used to indicate that the basic law was provisional until the ultimate reunification of Germany. When Germany was reunified in 1990, no new constitution was adopted and instead the basic law was adopted throughout the entire German territory. Basic law is entrenched in that it overrides ordinary 'statute law' passed by the legislature.
The special administrative regions of the People's Republic of China, namely Hong Kong and Macau, have basic laws as their constitutional documents. The basic laws are the highest authority, respectively, in the regions, while the rights of amendment and interpretation rest with the Standing Committee of the National People's Congress of the People's Republic of China.