International and Inter-Regional Law

Introduction

The International and Inter-Regional Law Department is responsible for:

1. Preparing legal opinions in the area of International and Inter-Regional Law;

2. Participating in the negotiation process of international treaties and inter-regional agreements;

3. Coordinating the handling of matters relating to the legal cooperation of the Macao SAR or the various public services and entities with other jurisdictions;

4. Performing, within its competence, other tasks that may be determined and assigned by the superior.

The International and Inter-Regional Law Department comprises the following two divisions:
1. Treaties Division that is responsible for, inter alia,:
  • Preparing legal opinions in the area of International and Inter-Regional Law;
  • Studying or supporting the preparation of required draft agreements for inter-regional cooperation;
  • Studying standards, recommendations or directives issued by international bodies applicable to the Macao SAR and following up their integration into the local legal system;;
  • Preparing reports on international treaties and inter-regional agreements, as well as providing information requested by international organisations and by the respective parties to the agreements.
2. International and Inter-Regional Affairs Division that is responsible for, inter alia,:
  • Participating or supporting the participation of other public services and entities in meetings of international or regional nature, as instructed by the superior;
  • Supporting activities relating to international and inter-regional legal cooperation;
  • Following up and monitoring the publication of international law instruments and inter-regional agreements;
  • Coordinating and supporting, as required, multi-sectoral actions in the field of international and inter-regional law.

External Relations

Article 13 of the Basic Law provides that the Central People's Government shall be responsible for the foreign affairs relating to the Macao Special Administrative Region (hereinafter referred to as Macao SAR), but authorizes the Macao SAR to conduct relevant external affairs, on its own, in accordance with this Law.

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 Special Administrative Region. The Central People's Government shall, as necessary, authorize or assist the government of the Region to make appropriate arrangements for the application to the Region of other relevant international agreements.

Currently, international treaties in force in the Macao SAR cover 17 categories, namely: civil aviation; customs activities; drugs; economic and finance; education; science; technology, culture and sport; environment and conservation; foreign affairs and defence; health; human rights; intellectual property; international crime; labour; maritime affairs; private international law; road traffic; telecommunications and postal services; treaties establishing international organizations. Agreements concluded by the People's Republic of China that belong to the category of external relations and defence shall be applicable to the Macao SAR.

Article 136 of the Basic Law states 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 organizations in the appropriate fields, including the economic, trade, financial and monetary, shipping, communications, tourism, cultural, science and technology, and sports fields. In addition, as per relevant provisions of the Basic Law and with the assistance and authorization 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, legal cooperation, investment protection, exemptions of visas and others.

Bilateral agreements in force in the Macao SAR include seven categories, such as legal and judicial cooperation, trade, investment protection and technical cooperation, promotion, diplomatic and consular relations, taxation and exemption of visas.

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 order to meet the needs of the society, the Macao SAR Government has actively developed and consolidated cooperation with the Mainland and the Hong Kong SAR in the legal, economic and administrative areas.

Currently, the regional agreements concluded between Macao SAR, the Mainland and the Hong Kong SAR cover matters of trade and investment, taxation, migration, mutual legal assistance in civil, commercial and criminal matters.

Treaties List (in Portuguese only)

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

> Core document forming part of the reports of States parties

Core document forming part of the reports of States parties


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> 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)

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


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> 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

Macao-EU Co-operation Programme in the Legal Field

Through contract n.°B7-301/2000/2020 of 2001/12/21, the EuropeAid Co-operation Office (Directorate D – Asia) of the European Commission and the Macao SAR Government formally launched the 1st EU-Macau Co-operation Project in the legal field.

The Programme lasted for five years, a total of 84 activities were carried out and deliverables included promotional literature, media campaigns, workshops, etc.

The Programme was officially launched when the Grant Agreement SI2.542044 was signed with the External Relations Directorate-General (Directorate Asia – except Japan and Korea) in December 2009.

The Project ran for 4 years and comprised a total of 82 activities. Deliverables included promotional literature, booklets, translation and the publication of law books, TV campaigns, workshops and seminars etc.

The Third Macao SAR-EU Co-operation Programme in the Legal Field was adopted in the context of the 20th Joint Committee meeting held in Macao on 27 November 2015. The programme is aimed at strengthening the Macao SAR's legal system and improving training for the Macao SAR's legal practitioners. Both sides agreed that legal cooperation was an important element of the Macao-EU bilateral relations. The new Programme will last for four years and a total of 43 activities are planned to be carried out including booklets, pamphlets, publication of law journals, TV campaigns, workshops and seminars, etc.

2016 Activities

2017 Activities

2018 Activities

Macao's Legal System

Macao Special Administrative Region Key Legislation

Hyperlinks


Important Declaration:
Information on international law on this website are for reference only. Information published in the Macao SAR Official Gazette prevail over all texts.

Macao-EU Co-operation Programme in the Legal Field - 2016 Activities


A1 Leaflet on combating human trafficking (Portuguese version)

A2 Poster on combating human trafficking

A3 Leaflet - Agreement on the reciprocal confirmation and implementation of Arbitral Decisions between China and the Macao SAR (Portuguese version)

A13 Brochure - International Covenant on Economic, Social and Cultural Rights (Chinese version)

A14 Brochure - International Covenant on Civil and Political Rights (Chinese version)

A21 TV commercial & Multimedia Animation on the Arbitration Center of the Consumer Council (In Chinese with Portuguese subtitles)

A23 Macau Law Journal on the International Covenant on Civil and Political Rights

B1 Seminar on “EU and Fundamental Rights – A Complicated Relationship”

B2 Seminar on “Urban Planning: Land Concession, Expropriation and Compensation”

B3 Seminar on “Countering Drug Trafficking and Drug Addiction”

B4 Seminar on “Countering the Financing of Terrorism”

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Macao Special Administrative Region Key Legislation


Basic Law of the Macao Special Administrative Region of the People's Republic of China
Law No. 4/2002 - Law on the compliance with certain acts of international law
Law no. 6/2006 - Mutual Legal Assistance in Criminal Matters
Law No. 3/2002 - The notification procedure of requests within the mutual legal assistance framework
Notice of the Chief Executive 19/2002 - The Central People's Government agrees with the proposition of the Government of the Macao Special Administrative Region, in respect to the time limit mentioned within the service of document procedure related to a request within the framework of mutual legal assistance
Law No. 2/2009 - Law on the protection of state security (in Portuguese)
Law No. 9/2002 - Defines the internal security base law for the MSAR (in Portuguese)
Law No. 8/2005 - Personal Data Protection Act
Commission Against Corruption of the MSAR - Related Law
Law 6/97/M - Law against Organized Crime
Law No. 2/2006 - Prevention and suppression of the crime of money laundering - Revised (1 June 2017)
Law No. 3/2006 - Prevention and suppression of the crimes of terrorism - Revised (1 June 2017)
Administrative Regulation No. 7/2006 - Preventive measures for the crimes of money laundering and financing of terrorism - Revised (1 June 2017)
Law No. 6/2008 - Combat the crime of trafficking in persons
Law No. 6/2016 - Asset freezing regime
Law No. 8/2017 - Amendment to the Criminal Code
Law No. 2/2016 - Law on Preventing and Combating Domestic Violence
Law No.7/2008 - Labour Relations Law

(The English versions are provided for reference only. Only the Chinese and Portuguese versions published in the Official Gazette of the Macao SAR are official.)

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