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OPINIONS OF THE PREPARATORY COMMITTEE FOR THE MACAO SPECIAL ADMINISTRATIVE REGION OF THE NATIONAL PEOPLE'S CONGRESS ON THE IMPLEMENTATION OF ARTICLE 24(2) OF THE MACAO SPECIAL ADMINISTRATIVE REGION BASIC LAW

Category  SPECIAL ADMINISTRATIVE REGION Organ of Promulgation  The National People's Congress Status of Effect  In Force
Date of Promulgation  1999-01-16 Effective Date  1999-01-16  

Opinions of the Preparatory Committee for the Macao Special Administrative Region of the National People's Congress on the Implementation of Article 24(2) of the Basic Law of the Macao Special Administrative Region of the People's Republic of China





(Adopted at the Fifth Plenary Meeting of the Preparatory Committee for

the Macao Special Administrative Region of the National People's Congress
on January 16, 1999)

    In order to implement the provisions of Article 24(2) of the Basic Law
of the Macao Special Administrative Region of the People's Republic of China
(hereinafter referred to as "the Basic Law") on the permanent residents of
the Macao Special Administrative Region, the Preparatory Committee has hereby
delivered  the following opinions which shall be refereed to by the Macao
Special Administrative Region to formulate implementation rules:

    1. The valid residential identity cards held by Macao residents before
the establishment of the Macao Special Administrative Region shall continue
to be valid after December 20, 1999 until the renewal of new identity cards.

    Chinese citizens among the Macao residents who hold the above
mentioned residential identity cards and also meet one of the following
requirements are permanent residents of the Macao Special Administrative
Region:

    (1) The identity card has explicitly recorded that the holder was born in
Macao;

    (2) Not less than seven years have passed since the initial issuance of
the identity card;

    (3) The identity card cannot certify his or her legal residence in Macao
for not less than seven years, but the holder has valid permanent residential
card, or has valid residential certificate issued by the Department of Public
Order Police or the Identity Certification Bureau which certifies that the
holder has legally resided in Macao for not less than seven years.

    To become a permanent resident of the Macao Special Administrative Region,
Portuguese and other persons among Macao residents who meet any one of the
above three requirements must also meet the requirement of "taking Macao as
the place of permanent residence"

    2. "Chinese citizens and Portuguese born in Macao" stipulated in
Sub-paragraphs (1) and (3), Article 24(2) of the Basic Law refers to persons
born during the period in which both or either of their parents legally
resided in Macao, except those who meet the requirement in Point 1 of these
Opinions and have become permanent residents of the Macao Special
Administrative Region.

    3. "Children of Chinese nationality born outside Macao" stipulated in
Sub-paragraphs (1) and (2), Article 24(2) of the Basic Law refers to such
children both or either of whose parents have become permanent residents in
accordance with the Macao Basic Law at the time of their birth, and in order
to enter into the Macao Special Administrative Region for residence such
children must undergo relevant procedures in accordance with the law.

    4. The calculation method for Chinese citizens' ordinarily residence in
Macao for a "continuous period of seven years" stipulated in Sub-paragraph
(2), Article 24(2) of the Basic Law shall be any continuous period of seven
years.

    Portuguese and other persons stipulated in Sub-paragraphs (4) and (5),
Article 24(2), must meet the requirement of "taking Macao as the place of
permanent residence", therefore the calculation method of ordinarily residence
in Macao for a "continuous period of seven years" for them should be the
continuous seven years immediately before they apply to become residents of
the Macao Special Administrative Region.

    The calculation for "continuous" residence in Macao stipulated in the
Basic Law shall include the time of going abroad for study, business, or
visiting relatives and friends when residing in Macao.

    5. Children of "other persons" under 18 years of age born in Macao"
stipulated in Sub-paragraph (6), Article 24(2) of the Basic Law refers to
such children  both or either of whose parents have become permanent
residents in accordance with the Macao Basic Law at the time of their birth.
Such children may become permanent residents of the Macao Special
Administrative Region when they reach 18 years of age if they conform to the
relevant provisions in Sub-paragraph (5), Article 24(2) of the Basic Law.

    6. Any Chinese citizens who were formerly Macao residents and emigrated
abroad, if they meet the requirements for permanent residents of the
Macao Special Administrative Region stipulated in the Basic Law, may return
from abroad to reside in Macao and enjoy the right of residence. Those who
return Macao with a foreign citizenship, if they meet relative requirements
stipulated in Article 24(2), may become permanent residents of the Macao
Special Administrative Region.

    7. The rules for implementing the provisions in the Macao Special
Administrative Region concerning "taking Macao as the place of permanent
residence" shall be formulated by the Macao Special Administrative Region.



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