Direcção dos Serviços de Assuntos de Justiça

International and Inter-Regional Law

Introduction

The International and Inter-Regional Law Department is mainly competent to:

1. Provide legal opinions relating to international and inter-regional law;

2. Participate in the negotiations of international treaties and inter-regional agreements;

3. Coordinate and handle matters relating to judicial assistance between the Macao SAR or various public services and entities and other jurisdictions;

4. Study or assist in the formulation of draft agreements necessary for inter-regional cooperation;

5. Study the norms, recommendations or directives issued by international organisations which are applicable to the Macao SAR and follow up the work relating to their integration into the legal system of the Macao SAR;

6. Prepare reports on international treaties and inter-regional agreements, as well as provide information requested by international organisations and parties to the agreements;

7. Coordinate and assist in multi-sectoral actions, which launch is deemed necessary in the field of international and inter-regional law, and participate or support the participation of other public services and entities in meetings of an international or regional nature, as instructed by superiors;

8. Follow up the publication of international legal instruments and inter-regional agreements;

9. Carry out other work within the scope of its competence, as assigned by superiors.

External Affairs

Article 13 of the Basic Law provides that the Central People’s Government shall be responsible for the foreign affairs relating to the Macao SAR but authorises the Macao SAR to conduct relevant external affairs on its own in accordance with the Basic Law.

> International Agreements

In accordance with Article 138 of the Basic Law, the application to the Macao SAR of international agreements to which the People’s Republic of China is a member or becomes a party shall be decided by the Central People’s Government, in accordance with the circumstances and needs of the Region, and after seeking the views of the government of the Region. International agreements to which the People’s Republic of China is not a party but which are implemented in Macao may continue to be implemented in the Macao SAR. The Central People’s Government shall, as necessary, authorise or assist the Region to make appropriate arrangements for the application to the Region of other relevant international agreements.

Currently, the international agreements applicable to the Macao SAR which have been published mainly cover 17 categories, namely civil aviation, customs, drugs, economy and finance, education, science, technology, culture and sports, environment and conservation, foreign affairs and defence, health, human rights, intellectual property, international crime, labour, maritime, private international law, road traffic, telecommunications and postal services, and treaties establishing international organisations. Some bilateral agreements concluded by the People’s Republic of China that belong to the category of diplomatic and consular relations are also applicable to the Macao SAR.

> Bilateral or Multilateral Agreements

Article 136 of the Basic Law expressly stipulates that the Macao SAR may, on its own, using the name “Macao, China”, maintain and develop relations and conclude and implement agreements with foreign states and regions and relevant international organisations in the appropriate fields, including the economic, trade, financial and monetary, shipping, communications, tourism, cultural, science and technology, and sports fields. In addition, pursuant to relevant provisions of the Basic Law, with the assistance and authorisation of the Central People’s Government, the Macao SAR may, on its own, conduct negotiations and conclude bilateral agreements in the areas of air services, judicial assistance, investment protection, visa abolition and others with relevant countries.

The bilateral agreements currently applicable to the Macao SAR and which have been published include seven categories, namely, legal and judicial cooperation, trade and technical cooperation, investment promotion and protection, diplomatic and consular relations, air transport services, taxation and visa abolition.

> Inter-Regional Agreements

In accordance with Article 93 of the Basic Law, the Macao SAR may, through consultations and in accordance with law, maintain judicial relations with the judicial organs of other parts of the country, and they may render assistance to each other. In response to the needs of the society, the Macao SAR Government also proactively develops and strengthens legal, economic and administrative cooperation with the Chinese Mainland and the Hong Kong Special Administrative Region.

Currently, the inter-regional agreements concluded between the Macao SAR and the Chinese Mainland and the Hong Kong Special Administrative Region cover the categories of trade and investment, taxation, migration arrangements, and mutual legal and judicial assistance.

List of International Treaties (in Portuguese only)

> International Treaties

> Bilateral Agreements

> Inter-Regional Agreements

> United Nations Security Council Resolutions

Human Rights Reports

> International Convention on the Elimination of All Forms of Racial Discrimination

> Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

> Common core document forming part of the reports of States parties

> Convention on the Rights of the Child

> Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC-OP-SC)

> Convention on the Elimination of All Forms of Discrimination against Women

> International Covenant on Economic, Social and Cultural Rights

> Convention on the Rights of Persons with Disabilities

> International Covenant on Civil and Political Rights

> Universal Periodic Review

Macao-EU Co-operation Programme in the Legal Field

> 1st Programme (2002-2007)

Contract no. B7-301/2000/2020 (Grant Contract – External Aid) was signed by the Macao SAR and the European Union on 21 December 2001, and the 1st EU-Macao Co-operation Programme in the Legal Field (hereinafter referred to as the “1st Co-operation Programme”) was formally launched. The parties to the 1st Co-operation Programme were the Macao SAR Government and the European Communities (represented by the Commission of the European Communities). The 1st Co-operation Programme lasted for five years, a total of 84 activities were organised and deliverables included promotional materials, media advertisements, workshops, seminars, etc.

> 2nd Programme (2009-2013)

The 2nd EU-Macao Co-operation Programme in the Legal Field (hereinafter referred to as the “2nd Co-operation Programme”) was launched when the Grant Agreement SI2.542044 was signed by the representatives of the Macao SAR Government and of the European Union at the end of 2009. The 2nd Co-operation Programme ran for 4 years, from December 2009 to December 2013, and comprised a total of 82 activities. Deliverables included promotional leaflets, pamphlets, translation and publication of law books, TV commercials, workshops, seminars, etc.

> 3rd Programme (2015-2019)

The 3rd Macao SAR-EU Co-operation Programme in the Legal Field was adopted in the context of the 20th EU-Macao Joint Committee meeting held in Macao on 27 November 2015. The Programme aimed at strengthening the Macao SAR’s legal system and improving training for the Macao SAR’s legal practitioners. Both parties agreed that legal cooperation was an important element of the Macao-EU bilateral relations. The 3rd Co-operation Programme lasted for four years and a total of 43 activities were planned to be held. Deliverables included promotional leaflets, pamphlets, publication of law books, TV commercials, workshops, seminars, etc.

Key Legislation of the Macao SAR