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Article 63 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.
The principal officials of the Macao Special Administrative Region, at the time of assuming office, shall declare their property to the President of the Court of Final Appeal of the Macao Special Administrative Region for the record.
Article 64 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 hear opinions or speak on behalf of the government.
Article 65 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 66 The Executive authorities of the Macao Special Administrative Region may, when necessary, establish advisory bodies.
Section 3: the Legislature
Article 67 The Legislative Council of the Macao Special Administrative Region shall be the legislature of the Region.
Article 68 The Legislative Council of the Macao Special Administrative Region shall be composed of permanent residents of the Region.
The majority of its members shall be elected.
The 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.
Members of the Legislative Council, upon assuming office, shall declare their financial situation in accordance with legal procedures.
Article 69 The term of office of the Legislative Council of the Macao Special Administrative Region shall be four years, except for the first term which shall be stipulated otherwise.
Article 70 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 68 of this Law.
Article 71 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; and examine the report on audit introduced by the government;
(3) To decide on taxation according to government motions and approve debts to be undertaken by the government;
(4) To receive and debate the policy addresses of the Chief Executive;
(5) To debate any issue concerning public interests;
(6) To receive and handle complaints from Macao residents;
(7) If a motion initiated jointly by one-third 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, by a resolution, give a mandate to the President of the Court of Final Appeal to form an independent investigation committee to carry out 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 72 The Legislative Council of the Macao Special Administrative Region shall have a President and a Vice President who 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 73 In case of absence of the President of the Legislative Council of the Macao Special Administrative Region, the Vice President shall act as President.
In the event that the office of President or of Vice President of the Legislative Council becomes vacant, new President or Vice President shall be elected.
Article 74 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 decide on the agenda, giving priority to government bills for inclusion in the agenda upon the request of the Chief Executive;
(3) To decide on the dates of meetings;
(4) To call special sessions during the recess;
(5) To call emergency sessions on his or her own or upon 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 75 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 76 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 77 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 78 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 79 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 80 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 81 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 by law to hold concurrently;
(3) When he or she, with no valid reason, is absent from meetings for five consecutive times or for 15 times intermittently without the consent of the President of the Legislative Council;
(4) When he or she breaches his or her oath; and
(5) When he or she is convicted and sentenced to imprisonment for more than 30 days for a criminal offence committed within or outside the Region.
Section 4: The Judiciary
Article 82 The courts of the Macao Special Administrative Region shall exercise the judicial power.
Article 83 The courts of the Macao Special Administrative Region shall exercise judicial power independently. They shall be subordinated to nothing but law and shall not be subject to any interference.
Article 84 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 85 The primary courts of the Macao Special Administrative Region may, when necessary, establish special courts.
The previous system concerning criminal prosecution shall be maintained.
Article 86 An administrative court shall be established in the Macao Special Administrative Region. It is the court which shall have jurisdiction over administrative and tax cases. If a party refuses to accept a judgment by the administrative court, he or she shall have the right to file an appeal with an intermediate court.
Article 87 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 eminent persons. Judges shall be chosen on the basis of their professional qualifications. Qualified judges of foreign nationality may also be employed.
A judge may only be removed for inability to discharge his or her functions, or for behavior 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 on by the Chief Executive upon the recommendation of a review committee consisting of 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 88 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 a 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 89 The judges of the Macao Special Administrative Region shall exercise judicial power according to law, instead of according to any order or instruction, except in the situation as prescribed in paragraph 3 of Article 19 of this Law.
Judges shall be immune from legal action for discharging his or her judicial functions.
During the term of his or her office, a judge shall not concurrently assume other public or private posts, nor shall he or she assume any post in organizations of a political nature.
Article 90 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 a permanent resident of the Region, shall be nominated by the Chief Executive and appointed by the Central People's Government.
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 91 The system previously in force in Macao for appointment and removal of supporting members of the judiciary shall be maintained.
Article 92 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.
Article 93 The Macao Special Administrative Region 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.
Article 94 With the assistance or authorization of the Central People's Government, the Macao Special Administrative Region may make appropriate arrangements with foreign states for reciprocal judicial assistance.
Section 5: Municipal Organs
Article 95 Municipal organizations which are not organs of political power may be established in the Macao Special Administrative Region. Entrusted by the government of the Region, they shall provide services in such fields as culture, recreation and environmental sanitation, and shall be consulted by the government of the Region on the above-mentioned affairs.
Article 96 The functions, powers and structure of the municipal organizations shall be prescribed by law.
Section 6: Public Servants
Article 97 Public servants serving in the Macao Special Administrative Region must be permanent residents of the Region, except for those as prescribed by Articles 98 and 99 of this Law and except for technical personnel of certain professions and junior public servants recruited by the Government of the Macao Special Administrative Region.
Article 98 Upon the establishment of the Macao Special Administrative Region, public servants including the police and supporting members of the judiciary previously serving in Macao may all remain in employment, continue service and retain their seniority with pay, allowances, benefits and conditions of service no less favourable than before.
The Government of the Macao Special Administrative Region shall pay to the above-mentioned public servants who are entitled to pensions and allowances under the laws previously in force in Macao and who remain in employment and retire after the establishment of the Macao Special Administrative Region, or to their dependents, all pensions and allowances due to them on terms no less favourable than before, and irrespective of their nationality or place of residence.
Article 99 The Government of the Macao Special Administrative Region may employ Portuguese and other foreign nationals previously serving in the public service in Macao, or those holding permanent identity cards of the Region, to serve as public servants in government departments at all levels, unless otherwise provided by this Law.
The relevant government departments of the Macao Special Administrative Region may also employ Portuguese and other foreign nationals as advisers or to fill professional and technical posts.
These individuals shall be employed only in their individual capacities and shall be responsible to the Government of the Macao Special Administrative Region.
Article 100 The appointment and promotion of public servants shall be on the basis of their qualifications, experience and ability. Macao's previous system of employment, discipline, advanced and regular promotion may basically remain unchanged, but may be improved along with the development of the Macao society.
Section 7: Swearing Allegiance
Article 101 The Chief Executive, principal officials, members of the Executive Council and of the Legislative Council, judges and procurators in the Macao Special Administrative Region must uphold the Basic Law of the Macao Special Administrative Region of the People's Republic of China, devote themselves to their duties, be honest in performing official duties, swear allegiance to the Macao Special Administrative Region and take an oath to this effect in accordance with law.
Article 102 When assuming office, the Chief Executive, principal officials, President of the Court of Final Appeal and Procurator-General of the Macao Special Administrative Region must swear allegiance to the People's Republic of China, apart from taking the oath under Article 101.
Chapter V Economy
Article 103 The Macao Special Administrative Region shall, in accordance with law, protect the right of individuals and legal persons to the acquisition, use, disposal and inheritance of property and their right to compensation for lawful deprivation of their properly.
Such compensation shall correspond to the real value of the property concerned at the time and shall be freely convertible and paid without undue delay.
The ownership of enterprises and the investments from outside the Region shall be protected by law.
Article 104 The Macao Special Administrative Region shall have inderpendent finances.
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