Implementation of the Nationality Law of China in the Macao Special Administrative Region

 2018-07-16  24


· Area of Law: Constitution Foreign Affairs

· Level of Authority: Legal Interpretation

· Date issued:12-29-1998

· Effective Date:12-29-1998

· Status: Effective

· Issuing Authority: Standing Committee of the National People's Congress

 

Interpretation by the Standing Committee of the National People's Congress on Some Questions Concerning Implementation of the Nationality Law of the People's Republic of China in the Macao Special Administrative Region of the PRC
(Adopted at the 6th Meeting of the Standing Committee of the Ninth National People's Congress on December 29, 1998)
According to the provisions in Article 18 of the Basic Law of the Macao Special Administrative Region of the People's Republic of China and in Annex III to that Law, the Nationality Law of the People's Republic of China shall become effective in the Macao Special Administrative Region as of December 20, 1999. In view of the historical background and the reality of Macao, an interpretation regarding implementation of the Nationality Law of the People's Republic of China in the Macao Special Administrative Region is made as follows:
 1. Any Macao resident of Chinese descent who was born in the territory of China (including Macao), or any other person who meets the conditions for Chinese nationality as prescribed in the Nationality Law of the People's Republic of China, whether or not he or she holds Portuguese travel documents or an identity card, is a Chinese national.
Any resident in the Macao Special Administrative Region who is of both a Chinese and a Portuguese descent may, out of his or her own wish, choose either the nationality of the People's Republic of China or of the Republic of Portugal. Once he or she decides on one nationality, he or she shall give up the other. The above-mentioned resident in the Macao Special Administrative Region shall, before he or she chooses his or her nationality, enjoy the rights prescribed in the Basic Law of the Macao Special Administrative Region, with the exception of the rights that are restricted by nationality.
 2. All Chinese citizens residing in Macao who hold the Portuguese travel documents, after establishment of the Macao Special Administrative Region, may continue to use these travel documents for the purpose of travelling to other countries or regions. However, they may not be entitled to Portuguese consular protection in the Macao Special Administrative Region or in any other part of the People's Republic of China on account of their holding the Portuguese travel documents mentioned above.
 3. Any Chinese national who resides in the Macao Special Administrative Region and has the right of abode in a foreign country may use the relevant documents issued by the foreign government for the purpose of travelling to other countries or regions, but he or she may not be entitled to the consular protection of the foreign country in the Macao Special Administrative Region or in any other part of the People's Republic of China on account of their holding the foreign documents mentioned above.
 4. If a Chinese national, who previously resided in Macao and returns to Macao either before or after the Macao Special Administrative Region is established, wishes to change his or her nationality, he or she may, by producing valid documents, apply to the competent authorities of the Macao Special Administrative Region that handle nationality applications.
 5. The Government of the Macao Special Administrative Region is authorized to designate a relevant body under it to deal with all matters relating to nationality applications in accordance with the Nationality Law of the People's Republic of China and the provisions mentioned above.