21 Mar 92
FE/1335 C2/8
Article 95. With the assistance or authorization of the central people's government, the government of the Macao SAR may make appropriate arrangements with foreign states for reciprocal judicial assistance.
Section 5: Municipal Organs
Article 96. Municipal organs which are not organs of political power may be established in the Macao SAR. At the request of the government, these municipal organs provide residents with services in such fields as culture, recreation and environmental sanitation and provide the Macao SAR with consultative views in connection with matters mentioned
above.
Article 97. The powers, functions and structure of municipal organs shall be prescribed by law.
Section 6: Public Servants
Article 98. Public servants serving in the Macao SAR must be permanent residents of the region, except where otherwise provided for in articles 99 and 100 of this law, and except for certain professionals, technicians and junior public servants hired by the Macao SAR.
Article 99. After the establishment of the Macao SAR, public servants serving in Macao, including policemen and judicial assistants, may all remain in employment and retain their seniority with pay, allowances, benefits and conditions of service no less favourable than before.
The Macao SAR shall pay to the retained public servants, who are entitled to pensions and allowances under the original law of Macao, all pensions and allowances due them, or to their dependents, on terms no less favourable than before, and irrespective of their nationality or place of residence, when they retire after the establishment of the Macao SAR.
Article 100. The Macao SAR 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 at various levels, with the exception of those which this law has otherwise prescribed.
Relevant departments of the Macao SAR may also employ Portuguese and other foreign nationals to serve as advisers or assume professional and technical posts.
The aforementioned personnel may only be hired in their individual capacities and they shall be responsible to the Macao SAR,
Article 101. The appointment and promotion of public servants shall be on the basis of their qualifications, experience and ability. Macao's original system of recruitment, employment, discipline, promotion and regular system governing graded increases for public service shall be maintained; but it may be improved according to Macao's social development.
Section 7. Oath of Allegiance
Article 102. The chief executive, principal officials, members of the Executive Council and Legislative Council, judges and prosecutors of the Macao SAR must support the Basic Law of
the Macao SAR of the PRC, be devoted to their post, be honest in performing their duties, be loyal to the Macao SAR of the PRC and be sworn in according to law.
Article 103. When they assume their post, the chief executive, principal officials, president of the Legislative Council, president of the Court of Final Appeal, and chief prosecutor must pledge their loyalty to the PRC in addition to taking the oath stipulated in Article 102 of this Basic Law.
CHAPTER V: ECONOMY
Article 104. The Macao SAR shall protect, according to law, the rights of individuals and corporations to possess, use, dispose of and inherit assets and the rights of individuals and corporations to receive compensation when their assets are appropriated according to law.
Compensation for appropriated assets ought to match the actual prevailing value of such assets. They may be exchanged freely and payment should not be delayed without cause.
Enterprise ownership and foreign investments shall be protected by law.
Article 105. The Macao SAR shall maintain independent finances.
The Macao SAR shall have control over all financial revenues and shall not hand them over to the central people's government.
The central people's government shall not levy taxes in the Macao SAR.
Article 106. The Macao SAR shall draw up its budget according to the principle of measuring expenditure by revenue, strive to keep a balance between revenue and expenditure to avoid deficits and match the budget to the growth rate of the local gross domestic product.
Article 107. The Macao SAR shall practise an independent taxation system.
The Macao SAR shall enact, on its own, laws on the types of taxes, tax rates and tax exemption by referring to the low tax policy prevailing in Macao. The franchise tax system shall be governed separately by law.
Article 108. The monetary and banking system of the Macao SAR shall be governed by law.
The Macao SAR shall formulate monetary and banking policies on its own to safeguard the free operation of financial markets and various financial organizations and shall regulate and supervise them according to law.
Article 109. The Macao pataca shall be the legal currency of the Macao SAR and shall continue to circulate.
The authority to issue Macao currency shall be vested in the Macao SAR government. The issue of Macao currency shall be backed with a 100-percent reserve fund. The system for issuing Macao currency and the reserve fund system shall be governed by law.
The Macao SAR government may authorize designated banks to exercise or continue to exercise the function of issuing Macao currency on its behalf.