TNAG-1145-FCO40-1425-Relations-between-Hong-Kong-and-Macau-1982 — Page 40

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Article 39 The initiative to issue diplomas can be taken either by the Governor or, in the manner to be established by the Assembly's regulations, by the Deputies.

Article 40 - 1. Proposals and draft-laws approved by the Legislative Assembly will be called laws, and they shall be sent to the Governor who must sign them and provide for their publication within a fortnight of the date of their reception.

2.

Should a disagreement arise, the diploma in question will be sub- mitted to the Assembly for consideration once again, and if the Assembly should confirm such diplomas by a majority of two thirds of the members present, the Governor cannot refuse to publish it.

3. However, if the disagreement is based on the violation of constitution laws or rules issued by the organs of sovereignty of the Republic which the territory cannot oppose, and the diploma in question is confirmed by the abovementioned majority, same diploma will be sent to the court with a capacity to take decisions on the constitutionality of the diplomas issued by the territory's legislative bodies, and the Assembly and the Governor will have to conform with the decision taken.

Article 41 - 1. Should the laws issued by the organs of sovereignty of the Republic and those issued by the legislative bodies of Macao which do not deal exclusively with matters falling under their powers, not agree, the former will prevail over the latter, and they alone will be applied by the administrative authorities and the courts. 2. The provisions of the previous paragraph do not apply to diplomas dealing with matters which in terms of the present law are specifically included in the powers of the territory's legislative bodies, in which case the laws issued by such bodies will prevail.

3. If the laws mentioned in any of the previous paragraphs be materially unconstitutional, the courts can make a declaration to that effect.

Article 42 The regulations of the Legislative Assembly must provide

for:

a) Composition and functions of the Board;

b) Organization of the committees which may be considered necessary; c) Form of voting;