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Chapter IV
Political Structure
Section 1: The Chief Executive
Article 46 The Chief Executive of the Macao Special Administrative Region shall be the head of the Macao Special Administrative Region and shall represent the Region.
The Chief Executive of the Macao Special Administrative Region shall be accountable to the Central People's Government and the Macao Special Administrative Region in accordance with the provisions of this Law.
Article 47 The Chief Executive of the Macao Special Administrative Region shall be a Chinese citizen of not less than 40 years of age who is a permanent resident of the Region and has ordinarily resided in Macao for a continuous period of not less than 20 years.
Article 48 The Chief Executive of the Macao Special Administrative Region shall be selected by election or through consultations held locally and be appointed by the Central People's Government.
The specific method for selecting the Chief Executive is prescribed in Annex I: "Method for the Selection of the Chief Executive of the Macao Special Administrative Region".
Article 49 The term of office of the Chief Executive of the Macao Special Administrative Region shall be five years. He or she may serve for not more than two consecutive terms.
Article 50 The Chief Executive, during his or her term of office, shall not have right of abode in any foreign country and shall not engage in any activities for his or her personal gains. The Chief Executive, on assuming office, shall declare his or her assets to the President of the Court of Final Appeal of the Macao Special Administrative Region. This declaration shall be put on record.
Article 51 The Chief Executive of the Macao Special Administrative Region shall exercise the following powers and functions:
(1) To lead the government of the Region;
(2) To be responsible for the implementation of this Law and other laws which, in accordance with this Law, apply in the Macao Special Administrative Region;
(3) To sign bills passed by the Legislative Council and to promulgate laws;
To sign budgets passed by the Legislative Council and report the budgets and final accounts to the Central People's Government for the record;
(4) To decide on government policies and to issue executive orders;
(5)To formulate the executive regulations and promulgate them for implementations;
(6) To nominate and to report to the Central People's Government for appointment the following principal officials: Secretaries of Departments (equivalent to Assistant-Secretary), Commissioner Against Corruption, Director of Audit, the principal officers of the Police and the Customs; and to recommend to the Central People's Government the removal of the above-mentioned officials;
(7) To appoint partial members of the Legislative Council;
(8) To appoint or remove members of the Executive Council;
(9) To appoint or remove presidents and judges of the courts at all levels and procurators in accordance with legal procedures;
(10) To nominate and report to the Central People's Government for appointment of the Procurator-General and recommend to the Central People's Government the removal of the Procurator-General in accordance with legal procedures;
(11) To appoint or remove holders of public office in accordance with legal procedures;
(12) To implement the directives issued by the Central People's Government in respect of the relevant matters provided for in this Law;
(13) To conduct, on behalf of the Government of the Macao Special Administrative Region, external affairs and other affairs as authorized by the Central Authorities;
(14) To approve the introduction of motions regarding revenues or expenditure to the Legislative Council;
(15) To decide, in the light of security and vital public interests, whether government officials or other personnel in charge of government affairs should testify or give evidence before the Legislative Council or its committees;
(16) To confer models and titles of the honour of the Macao Special Administrative Region in accordance with law;
(17) To pardon persons convicted of criminal offences or commute their penalties in accordance with law; and
(18) To handle petitions and complaints.
Article 52 If the Chief Executive of the Macao Special Administrative Region considers that a bill passed by the Legislative Council is not compatible with the overall interests of the Region, he or she may give his or her reasons in written and return it to the Legislative Council within 90 days for reconsideration. If the Legislative Council passes the original bill again by not less than a two-thirds majority of all the members, the Chief Executive must sign and promulgate it within 30 days or act in accordance with the provisions of Article 53 of this Law.
Article 53 If the Chief Executive of the Macao Special Administrative Region refuses to sign a bill passed the second time by the Legislative Council, or the Legislative Council refuses to pass a budget introduced by the government or any other bills which he or she considers concern the overall interests of the Region, and if consensus still cannot be reached after consultations, the Chief Executive may dissolve the Legislative Council.
The Chief Executive must consult the Executive Council before dissolving the Legislative Council. In dissolving the Legislative Council, he or she shall explain the reason for it to the public.
The Chief Executive may dissolve the Legislative Council only once in each term of his or her office.
Article 54 If the Legislative Council of the Macao Special Administrative Region refuses to pass the budget introduced by the government, the Chief Executive may approve provisional short-term appropriations according to the level of expenditure of the previous fiscal year.
Article 55 The Chief Executive of the Macao Special Administrative Region must resign under any of the following circumstances:
(1) When he or she loses the ability to discharge his or her duties as a result of serious illness or other reasons;
(2) When, after the Legislative Council is dissolved because he or she twice refuses to sign a bill passed by it, the new Legislative Council again passes by a two-thirds majority of all the members the original bill in dispute, but he or she still refuses to sign it within 30 days; and
(3) When, after the Legislative Council is dissolved because it refuses to pass a budget or any other bill concerning the overall interests of the Macao Special Administrative Region, the new Legislative Council still refuses to pass the original bill in dispute.
Article 56 If the Chief Executive of the Macao Special Administrative Region is not able to discharge his or her duties for a short period, such duties shall temporarily be assumed by the secretaries of the departments in the order of precedence. Such an order of precedence shall be stipulated by law.
In the event that the office of Chief Executive becomes vacant, a new Chief Executive shall be selected within 120 days in accordance with the provisions of Article 48 of this Law. During the period of vacancy, his or her duties shall be assumed according to the provisions of Article 50 of this Law and the preceding paragraph.
Article 57 The Executive Council of the Macao Special Administrative Region shall be an organ for assisting the Chief Executive in policy-making.
Article 58 Members of the Executive Council of the Macao Special Administrative Region shall be appointed or removed by the Chief Executive. The term of office of members of the Executive Council shall not extend beyond the expiry of the term of office of the Chief Executive who appoints them. Before the new Chief Executive is selected, the members of original Executive Council shall be temporarily in office.
Members of the Executive Council of the Macao Special Administrative Region shall be Chinese citizens who are permanent residents of the Region.
The Chief Executive may, as he or she deems necessary, invite other persons concerned to sit in on meetings of the Council.
Article 59 The Executive Council of the Macao Special Administrative Region shall be presided over by the Chief Executive. The meeting of the Executive Council shall be held at least once each month. Except for the apppointment, removal and disciplining of officials and the adoption of measures in emergencies, the Chief Executive shall consult the Executive Council before making important policy decisions, introducing bills to the Legislative Council, formulating administrative regulations, or dissolving the Legislative Council.
If the Chief Executive does not accept a majority opinion of the Executive Council, he or she shall put the specific reasons on record.
Article 60 A Commission Against Corruption shall be established in the Macao Special Administrative Region and function independently. Commissioner Against Corruption shall be accountable to the Chief Executive.
Article 61 A Commission of Audit shall be established in the Macao Special Administrative Region and function independently. Director of Audit shall be accountable to the Chief Executive.
Section 2: The Executive Authorities
Article 62 The Government of the Macao Special Administrative Region shall be the executive authorities of the Region.
Article 63 The head of the Government of the Macao Special Administrative Region shall be the Chief Executive of the Region. Departments, bureaux and divisions shall be established in the Government of the Macao Special Administrative Region.
Article 64 The principal officials of the Macao Special Administrative Region shall be Chinese citizens who are permanent residents of the Region and have ordinarily resided in Macao for a continuous period of not less than 15 years.
Article 65 The Government of the Macao Special Administrative Region shall exercise the following powers and functions:
(1) To formulate and implement policies; (2) To conduct administrative affairs; (3) To conduct external affairs as authorized by the Central People's Government under this Law;
(4) To draw up and introduce budgets and final accounts;
(5) To introduce bills and motions and to draft administrative regulations; and
(6) To designate officials to sit in on the meetings of the Legislative Council to receive opinions or speak on behalf of the government.
Article 66 The Government of the Macao Special Administrative Region must abide by the law and be accountable to the Legislative Council of the Region: it shall implement laws passed by the Council and already in force; it shall present regular policy addresses to the Council; and it shall answer questions raised by members of the Council.
Article 67 The executive authorities of the Macao Special Administrative Region may, when necessary, establish advisory bodies.
Section 3: The Legislature
Article 68 The Legislative Council of the Macao Special Administrative Region shall be the legislature of the Region.
Article 69 The Legislative Council of the Macao Special Administrative Region shall be composed of the permanent residents of the Region. Apart from Chinese citizens, no more than 20 percent of the members of the Legislative Council of the Region may also be permanent residents of the Region who are not of Chinese nationality.
Article 70 The majority of members of the Legislative Council of the Macao Special Administrative Region shall be selected by election.
The specific method for forming the Legislative Council is prescribed in Annex II: Method for the Formation of the Legislative Council of the Macao Special Administrative Region.
Article 71 The term of office of the Legislative Council of the Macao Special Administrative Region shall be four years, except the first term which shall be stipulated otherwise.
Article 72 If the Legislative Council of the Macao Special Administrative Region is dissolved by the Chief Executive in accordance with the provisions of this Law, it must, within 90 days, be reconstituted in accordance with Article 70 of this Law.
Article 72 The Legislative Council of the Macao Special Administrative Region shall exercise the following powers and functions:
(1) To enact, amend, suspend or repeal laws in accordance with the provisions of this Law and legal procedures;
(2) To examine and approve budgets introduced by the government; examine the report on audit introduced by the government;
(3) To decide on taxation according to government motions;
(4) To receive and debate the policy addresses of the Chief Executive;
(5) To debate issues concerning public interests; (6) To receive and handle complaints from Ma cao residents;
(7) If a motion initiated jointly by one-fourth of all the members of the Legislative Council charges the Chief Executive with serious breach of law or dereliction of duty and if he or she refuses to resign, the Council may, after passing a decision for investigation, give a mandate to the President of the Court of Final Appeal to form an independent investigation committee to carry out the investigation. If the committee considers the evidence sufficient to substantiate such charges, the Council may pass a motion of impeachment by a two-thirds majority of all its members and report it to the Central People's Government for decision; and
(8) To summon, as required when exercising the above-mentioned powers and functions, persons concerned to testify or give evidence.
Article 74 The President and Vice President of the Legislative Council of the Macao Special Administrative Region shall be elected by and from among the members of the Legislative Council. The President and Vice President of the Legislative Council shall be Chinese citizens who are permanent residents of the Region and have ordinarily resided in Macao for a continuous period of not less than 15 years.
Article 75 In the event that the office of President and Vice President of the Legislative Council of the Macao Special Administrative Region becomes vacant, new President and Vice President shall be elected.
In case of absence of the President of the Legislative Council of the Macao Special Administrative Region, the Vice President shall act as President.
Article 76 The President of the Legislative Council of the Macao Special Administrative Region shall exercise the following powers and functions:
(1) To preside over meetings;
(2) To introduce the agenda, giving priority to government bills for inclusion in the agenda on the request of the Chief Executive;
(3) To decide on the time of meetings;
(4) To call special sessions during the recess;
(5) To call emergency sessions or to call emergency sessions on the request of the Chief Executive; and
(6) To exercise other powers and functions as prescribed in the rules of procedure of the Legislative Council.
Article 77 Members of the Legislative Council of the Macao Special Administrative Region may introduce bills in accordance with the provisions of this Law and legal procedures. Bills which do not relate to public expenditure or political structure or the operation of the government may be introduced individually or jointly by members of the Council. The written consent of the Chief Executive shall be required before bills relating to government policies are introduced.
Article 78 Members of the Legislative Council of the Macao Special Administrative Region shall have the right to raise questions about the government work in accordance with legal procedures.
Article 79 The quorum for the meeting of the Legislative Council of the Macao Special Administrative Region shall be not less than one half of all its members. Except otherwise prescribed by this Law, bills and motions shall be passed by more than half of all the members of the Council.
The rules of procedure of the Legislative Council shall be made by the Council on its own, provided that they do not contravene this Law.
Article 80 A bill passed by the Legislative Council of the Macao Special Administrative Region may take effect only after it is signed and promulgated by the Chief Executive.
Article 81 Members of the Legislative Council of the Macao Special Administrative Region shall be immune from legal action in respect of their statements and voting at meetings of the Council.
Article 82 Members of the Legislative Council of the Macao Special Administrative Region, excluding active criminals, shall not be subjected to arrest without the permission of the Council.
Article 83 The President of the Legislative Council of the Macao Special Administrative Region shall declare, according to the decision of the Council, that a member of the Council is no longer qualified for the office under any of the following circumstances:
(1) When he or she loses the ability to discharge his or her duties as a result of serious illness or other reasons;
(2) When he or she assumes posts which he or she is not permitted to hold concurrently by law;
(3) When he or she, with no valid reason, is absent from meetings for five consecutive times or for 15 times at intervals without the consent of the President of the Legislative Council;
(4) When he or she violates oath; and
(5) When he or she is convicted and sentenced to imprisonment for 30 days or more for a criminal offence committed within or outside the Region.
Section 4: The Judiciary
Article 84 The courts of the Macao Special Administrative Region shall exercise the judicial power.
Article 85 The courts of the Macao Special Administrative Region shall exercise judicial power independently, only subordinated to the law, free from any interference.
Article 86 The primary courts, intermediate courts and Court of Final Appeal shall be established in the Macao Special Administrative Region.
The power of final adjudication of the Macao Special Administrative Region shall be vested in the Court of Final Appeal of the Region.
The structure, powers and functions as well as operation of the courts of the Macao Special Administrative Region shall be prescribed by law.
Article 87 The primary courts of the Macao Special Administrative Region may, when necessary, establish special courts.
Former courts of criminal prosecution shall be maintained.
Article 88 Administrative Courts shall be established in the Macao Special Administrative Region. They shall be the courts to govern administrative and taxing procedures. Anyone who refuses to accept the arbitration of the administrative courts may appeal to the intermediate courts.
Article 89 Judges of the courts of the Macao Special Administrative Region at all levels shall be appointed by the Chief Executive on the recommendation of an independent commission composed of local judges, lawyers and noted public figures. Judges shall be chosen by reference to their professional qualifications. Qualified judges of foreign nationalities may also be invited to serve as judges.
A judge may only be removed for inability to discharge the functions of his or her office, or for behaviour incompatible with his or her post, by the Chief Executive on the recommendation of a tribunal appointed by the President of the Court of Final Appeal and consisting of not fewer than three local judges.
The removal of the judges of the Court of Final Appeal shall be decided upon by the Chief Executive on the recommendation of a review committee consisting of the members of the Legislative Council of the Macao Special Administrative Region.
The appointment and removal of the judges of the Court of Final Appeal shall be reported to the Standing Committee of the National People's Congress for the record.
Article 90 The presidents of courts of the Macao Special Administrative Region at all levels shall be chosen from among judges and appointed by the Chief Executive.
The President of the Court of Final Appeal of the Macao Special Administrative Region shall be a Chinese citizen who is permanent resident of the Region.
The appointment and removal of the President of the Court of Final Appeal shall be reported to the Standing Committee of the National People's Congress for the record.
Article 91 The judges of the Macao Special Administrative Region shall exercise judicial power according to law, not be subjected to any order or instruction, except for the ruling of the higher court over an appealing case and those prescribed in the third paragraph of Article 19 of this Law.
Judges shall be immune from legal action for his or her ruling except for those that law stipulates.
During the term of his or her office, a judge shall not concurrently assume other public or private posts, nor assume any post in political bodies.
Article 92 The procuratorates of the Macao Special Administrative Region shall exercise procuratorial functions as vested by law, independently and free from any interference.
The Procurator-General of the Macao Special Administrative Region shall be a Chinese citizen who is permanent resident of the Region, shall be nominated by the Chief Executive and shall be reported to the Central People's Government for appointment.
Procurators shall be nominated by the Procurator-General and appointed by the Chief Executive.
The structure, powers and functions as well as operation of the procuratorates shall be prescribed by law.
Article 93 The system previously in force in Macao for appointment and removal of supporting members of the judiciary shall be maintained.
Article 94 On the basis of the system previously operating in Macao, the Government of the Macao Special Administrative Region may make provisions for local lawyers and lawyers from outside Macao to practise in the Region.
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