TNAG-2290-FCO40-3296-Relations-between-Hong-Kong-and-Macau-1991 — Page 82

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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have: "to examine and approve audit reports introduced by the government (73,2)". Macao provides qualifications for the President and the Vice President of the Legislative Council (Article 74) whereas Hong Kong provides only for the President (Article 71). In Hong Kong he must be at least 40 years of age and have no right of abode in a foreign country. these restrictions do not apply in Macao. The Macao BL has an Article dealing with vacancy of the Presidency (Article 75), there is no corresponding Article for Hong Kong. The Macao BL specifies that bills must be passed by at least half of the members of the Legislative Council (ie that it be quorate) (Article 79). Members of the Macao Legislature may not be arrested except when caught in or immediately after the commission of a criminal act (Article 82), Hong Kong is more restricted and the immunity only applies when they are in or on their way to a meeting of the Council (Article 78). The grounds for disqualification of members are somewhat different. In Macao, but not Hong Kong, a member may be disqualified for missing five consecutive meetings or 15 intermittently, for assuming a job not allowed by the laws or violating his pledge (Article 83); the other way round a Hong Kong member is disqualified if he misses meetings for three consecutive months, is bankrupt, is censured by a two third vote, accepts a government appointment, or loses his status as a permanent resident (Article 79).

Section 4: the Judiciary.

10. These sections cover Articles 84 to 96 in the Macao BL and 80 to 96. There are considerable difference between the two, largely arising out of the different legal systems in place int the two territories which are both being preserved. Thus, for example, there is no reference in the Macao BL to continuing reference to other common law jurisdictions and precedents, or to the principle of trial by jury, or to allowing judges from other common law jurisdictions to sit on the Court of Final Appeal (although judges of judges of foreign nationality can be appointed in Macao). other cases, the Chief Justice in Hong Kong may not have right of abode elsewhere (Article 90), where this does not apply in Macao. Conversely, for Hong Kong there is no mention of an Administrative Adjudication Council (Article 88), or the ability to establish special tribunal under the Basic Court (Article 87).

Section 5: District Organisations

11.

As in

These are covered in Articles 97 and 98 in both versions, the only difference being that while Hong Kong district organisations can be consulted by the government on district organisation and other affairs, in Macao this consultation seems to be limited to aspects of culture recreation and public sanitation.

Section 6: Public Servants

12.

These are covered in Articles 99 to 102 for Macao and 99 to 104 for Hong Kong. They are broadly similar. The Macao BL has a further section "Allegiance Pledge" comprising Articles 103 and 104 which the Hong Kong BL covers in Article 104. There has been

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