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全国人民代表大会澳门特别行政区筹备委员会关于实施《中华人民共

分类: 法律英语 
 

(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)
颁布日期:19990116  实施日期:19990116  颁布单位:全国人民代表大会澳门特别行政区筹备委员会

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 0f "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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