by Chan Hoi Fan, Deputy Director of the Service of Identification of Macao

Before the 1980s, the civil identification system in Macao was rather complicated, with the civil identification and police identification systems existing side by side: i.e., identity documents were issued simultaneously by the civil department of the government and the police as well.

At that time, the following kinds of identity documents existed: Portuguese Nationality Identification Booklet issued by the Department of Civil Affairs (hereinafter Portuguese Nationality Identification Booklet), Foreign Nationality Identification Booklet and Identity Card issued by the Police Office of Public Security of Macao.

The Portuguese Nationality Identification Booklets were issued as identity documents to residents who had already obtained Portuguese nationality.

The Non-Portuguese Nationality Identity Booklet and the identity cards issued by the Police Office of Public Security of Macao were issued respectively to persons not of Chinese nationality and persons of Chinese nationality who resided in Macao; but, in fact, many residents held these two kinds of cards simultaneously.

Due to the confusion caused by the issuing system for identity documents and the ambiguous definition between the identity document holders, a considerable number of residents kept two kinds of identity documents, in which their stated identity information might be totally or partially different. As a result, a great deal of inconvenience to the government in compiling statistics and administration ensued; this also afforded an opportunity for public servants to accept bribes. In light of those problems, the government determined to reform the identification system, and make the issuing of the identity documents unified and computerized.

To realize the reform of the identification system, in 1983, the Macao government set up a department of the identification service, one of whose duties was to take charge of coordinating and executing the civil identification activities in the local region. By 1992, after the enactment of the law on the issuing system for identity cards in Macao (Decree-Law No. 6/92/M), the police identification system had been officially abolished. The issuance and administration of identity cards has become effectively unified, and the identification system is even more simple and clear.

With the issue of the new Macao identity cards, the Non-Portuguese Nationality Identification Booklet and the Identity Card issued by the Macao Police Office of Public Security had ceased to be effective as of May 31, 1997.

(I) Civil Identification Data

The civil identification system is a kind of system in which a certain person can be distinguished from the others in a society through collecting, storing and renewing his/her identity data, such as his/her name, sex, parents’ names, birthplace, nationality, marital status, domicile, finger-print, height, occupation, the number of the identity card that he/she holds as recorded by the relevant department. Registering a person’s identity data, on the one hand, is a way to administer, control and tally the identity card holders; on the other hand, it can also serve to protect individual rights through identity authentication. For instance, the citizen’s rights in and to their own name can be protected and rendered free of illegal use through name registration; Further, through domicile registration, this can form the basis for a declaration of disappearance, which eases the process of declaring a person legally dead. The fulfillment of obligation can be determined, and the application of law can be determined in a case involving multinational laws.

Macao is a special region, for it does not have its own "citizens" through the division of nationality, and it is a place where Chinese people are the main inhabitants, with various races and peoples from different countries living in a compact community. Though it has no domiciliary system, the government has gradually established and perfected the individual archives for the residents under its jurisdiction, through the filing of valid documentation submitted when persons who are permitted to reside in Macao apply for identity documents.

The individual identification data stated in the Macao identity cards of the old design, issued in 1992, mainly included the following information: name, parents’ names (i.e., relations between parents and children), birthplace, date of birth, marital status, sex, height, fingerprint code, photograph and signature of holder.

In the Macao identity cards of the new design, issued per the promulgation of Decree-Law No. 63/95/M on December 4, 1995, there is no expiration date, in accordance with the 1999 transition, and counter-forgery techniques have been enhanced. Besides, the former registered fingerprint code shall be abolished, and a code for lost ID's and a residential code made for persons holding temporary residence permits have been added.

(II) Macao Identity Cards

As the first unified identity documents of Macao residents, the Macao identity cards began to be issued from the beginning of 1992 by the Service of Identification. In the period of more than six years leading up to 1999, in all nearly 440,000 qualified Macao residents have applied for and obtained such certificates.

The law granting authority for issuing the identity cards is: Decree-Law No. 6/92/M, issued on January 27, 1992; it was amended by Decree-Law No. 63/95/M, enacted on December 4, 1995 as well as Decree-Law No. 19/99/M, enacted on May 10, 1999. The Macao identity cards are the certificates issued to Macao residents, and constitute proof of the holder’s identity and abode in Macao to any authority, public department or private entity.

The law governing issuance of Macao identity cards provides that all Macao residents who have reached the age of five must obtain identity cards. To date, in the Macao residence laws and regulations, there are still no distinctions between "permanent residents" and "non-permanent residents". In light of all persons who have obtained identity cards from the government, it appears that all persons who are permitted to reside in Macao are Macao residents. Thus Macao residents include persons who hold the Portuguese Nationality Identification Booklet (abode in Macao), Non-Portuguese Nationality Identification Booklet, Identity Card of the Macao Police Office of Public Security, Temporary Residence Permit, Permanent Residence Permit, as well as persons holding a Hong Kong Identity Card, Hong Kong Permanent Identity Card, Hong Kong Re-entry Permit and other certificates, who resided in Macao legally prior to the enactment of the law on identity cards. All the above-mentioned persons must apply for and obtain Macao identity cards.

Macao is poised to revert to China. The issuance of the Macao identity cards involves their validity after the hand-over (i.e. the recognition by the government of the Special Administrative Region), and the problems of making the current laws and the Macao Basic Law dovetail as well, for only those which do not contravene the Basic Law may be retained.

Article 24 of the Macao Basic Law provides: residents of the Macao Special Administrative Region shall be divided into permanent residents and non-permanent residents.

Permanent residents of the Macao Special Administrative Region shall have the right of abode in Macao and shall be qualified to obtain permanent identity cards. This refers mainly to the following persons:

(2) Chinese citizens who have ordinarily resided in Macao for a continuous period of not less than seven years before or after the establishment of the Macao Special Administrative Region, and their children with Chinese nationality born outside Macao after they became permanent residents;

(3) Portuguese born in Macao who have taken Macao as their place of permanent residence before or after the establishment of the Macao Special Administrative Region;

(4) Portuguese and other persons who have ordinarily resided in Macao for a continuous period of not less than seven years and have taken Macao as their place of permanent residence before or after the establishment of the Macao Special Administrative Region;

(5) Persons under 18 years of age born in Macao or "other persons" as enumerated in category (4) before or after the establishment of the Macao Special Administrative Region.

The above-mentioned "have ordinarily resided for a continuous period" should be understood as those having resided in Macao legally.

However, the Basic Law does not make specific provisions for non-permanent residents, merely providing in the same article:

"Non-permanent residents shall be persons who are qualified to obtain Macao identity cards in accordance with the laws of the Macao Special Administrative Region, but have no right of abode".

The right of abode here mentioned has different meanings from the same term currently used in the relevant laws of Macao. In the current laws, the legal meaning of the right of abode refers to the right of free exit and entry, living and work, whereas in the Basic Law, the right of abode also includes the right that the holder shall not be subject to deportation. In other words, persons who have obtained non-permanent resident identity of the Macao Special Administrative Region in the future can enter and depart Macao, live and work in Macao freely. Nevertheless, if they fail to abide by the laws of the Macao Special Administrative Region, they may be deported under escort, but such punishment shall not be imposed on permanent residents of the Macao Special Administrative Region.

Comparing the resident defined in the laws of Macao prior to the return with the one provided in the Macao Basic Law, it shows that there is some dissonance between the laws of Macao prior to the hand-over and the Basic Law in defining Macao residents. As the Macao Basic Law has adopted the principle of combining the principle of the birthplace with the principle of the descent in defining resident, one may not necessarily be qualified to automatically become a permanent resident of the future Macao Special Administrative Region with whatever certificates he has in applying for the identity card. For example, a person of Chinese nationality, who was born in China resided in Macao from 1995, and in the same year married a person of Portuguese nationality, and three years later, i.e. in 1998, obtained Portuguese nationality. As he has not resided in Macao for a period of not less than seven years, he still cannot obtain the permanent resident identity of the Special Administrative Region in 1999. Here birthplace, blood lineage and the period of residence in Macao play an equally important role. Take, for instance, the case of a person who obtained the right of abode from 1992 and holds a Temporary Residence Permit. By 1999, if he has ordinarily resided in Macao for a continuous period of not less than seven years, or during this period, he always lists Macao as his place of permanent residence except for a short departure from Macao for some justified reason, he may become a permanent resident of the Macao Special Administrative Region. As for Temporary Stay Permit holders, due to their special identity, they may work and reside in Macao, but they are not qualified to be Macao residents. Only after they have obtained Macao identity cards may they have the status of Macao residents, and the period of residence in Macao starts to be counted from the first day of the validity of the issued identity card.

As for the Identity Card for Non-resident Worker holders, their exit and entry, working and residence in Macao shall be prescribed by particular laws and regulations, which are excluded from the regimes for exit and entry, temporary visits and abode in Macao. Therefore, once their contracts lapse, they shall return to their original domicile. The Macao government has not recognized them as the subjects qualified to obtain Macao identity cards. Thus, it is evident that their working periods in Macao shall not be regarded as residence periods, in other words, the fact that they are permitted to work in Macao does not confer the right of "abode in Macao" in a legal sense. Unless there are provisions otherwise in future, they shall not be included among Macao residents.

2. Application for Macao Identity Cards

Macao identity cards are issued to persons who have legally taken Macao as their place of residence, namely persons who reside in Macao legally. All who have reached the age of five, and in accordance with lawful conditions therefor, may apply for identity cards. For children under five years old, provided they have sufficient grounds therefor, their guardians may submit their applications to the director of the Service of Identification, and the director shall issue an official, written reply after considering whether the grounds for the application are sufficient.

When applicants submit their applications for identity cards for the first time, i.e. they have never obtained any identity documents in Macao before, the following documents must be attached to the applications:

(1) Certificate of birth or document with equal validity, and if unable to submit, the applicant shall make a declaration.

(2) Certificate of residence if required by law.

(3) Finger-print, and if the applicant has reached the age of five, the finger-print shall be made when applying for the identity card.

(4) Two black and white current photographs of the applicant.

(5) Photocopy of their parents’ identity documents with authentication, or when the duplicate is submitted, the original shall have to be produced for check, if the applicant is minor. The application shall bear the signature of the minor’s parent or guardian.

(6) Certificates for marital status of the applicant, such as certificate of marriage, photocopy of the applicant’s spouse’s identity card with authentication, divorce certificate, or death certificate of the applicant’s spouse, and if the certificate is duplicate, the original shall be produced for check.

(7) Duplicate of Residence Permit of the applicant with authentication or the duplicate but the original shall have to be produced for check, if the applicant is Residence Permit holder.

For persons who ever obtained identity documents in Macao before, when obtaining Macao identity cards, they shall produce relevant documentation, if it is required to change their identity data in their original identity documents, such as certificate of birth, certificate of marriage, death certificate of the applicant’s spouse, divorce certificate, etc.

3. Time Limit for Applying for Identity Cards

According to the stipulations of Article six of Decree-Law No. 19/99/M, the time limit for applying for identity cards is 60 days, counting from the day of settling down in Macao. Here the day of settling down is based on the beginning date to settle down registered in the certificate of residence issued by Bureau of Exit and Entry Affairs of Public Security Police Office, or the issuing date stated in the Residence Permit.

Specifically speaking, if persons who hold Visit Permit to Hong Kong and Macao issued by the mainland China came to reside in Macao and persons who hold Portuguese Nationality Identification Booklet apply for the Macao identity cards for the first time, they shall apply for the identity cards within the 60 days from the day that the Police Office of Public Security issues the Residence Permit. If persons who hold Temporary Residence Permit or Permanent Residence Permit apply for identity cards for the first time, they shall apply for the identity cards within 60 days after the Residence Permit is issued.

4. Application for Identity Cards of Minors

The laws and regulations on entry, stay and abode prescribe: one who was born in Macao shall have the right of abode if his parent had been permitted to reside in Macao according to the laws applicable at his birth, and he may enter, leave, visit and reside in the region freely.

There are corresponding prescriptions in the issuing system of identity cards: minors who were born in Macao shall be deemed to be local residents if their parents have been permitted to abide in Macao according to the laws therefor in force at the time of their birth. Generally speaking, minors, whose fathers or mothers have the right of abode at their birth, may directly apply for identity cards, including children born in Macao of Residence Permit holders. These minors shall submit their birth certificate when they apply for identity cards, and shall provide certificates that their father or mother resided in Macao legally at the time of their birth, i.e., when they were born, their parents held Residence Permits or identity cards.

In accordance with the law, in dealing with the residence issue of children born in Macao to Residence Permit holders, two different circumstances should be distinguished: in the first, the children born to Residence Permit holders in Macao after their parents obtained the Residence Permit may directly obtain identity cards; on the other hand, the children of Residence Permit holders who were born in Macao before their parents obtained the Residence Permit must first apply for a Residence Permit before they can apply for identity cards, and after they have obtained a Residence Permit, they may obtain identity cards.

5. Data Enumerated in Identity Cards

In identity cards, the following data shall be clearly stated:

(1) Number;

(2) The first and current date of issue;

(3) Name;

(4) Parents’ names;

(5) Code of birthplace (A, B, C, D);

(6) Date of birth;

(7) Marital status;

(8) Sex;

(9) Height;

(10) Code for the lost ID (E);

(11) Residential code (T);

(12) Photograph;

(13) Signature.

6. Replacement of Identity Cards

In the following cases, one may apply for the replacement of identity card: change in identity data, invalidity of original certificate, being in poor storage condition, loss or damage.

With the steady development of an issuing system for Macao identity cards, Macao has gradually formed a set of standardized and efficient civil identification procedures. It will play a positive role in defining Macao resident’s identity, protecting the local resident’s individual interests and making their life and work more convenient.