TNAG-2290-FCO40-3296-Relations-between-Hong-Kong-and-Macau-1991 — Page 96

20 Jul 91

FE/1129 C1/4

Article 41. Macao residents will enjoy other rights and freedoms safeguarded by the laws of the Macao SAR.

Article 42. Portuguese descendants in Macao will be protected by the Macao SAR and their habits and cultural tradition will be respected.

Article 43. Macao residents's rights and freedom will not be restricted unless prescribed by law. Such restrictions will remain within the need to protect state security, social order, public health, public morality and the rights and freedoms of others.

Article 44. Persons in the Macao SAR other than Macao residents will, in accordance with law, enjoy the rights and freedom of Macao residents prescribed in this chapter.

Article 45. Macao residents and other persons in Macao will have the obligation to abide by the laws in force in the Macao SAR.

Chapter Four: Political Structure

Section 1. The Chief Executive

Article 46. The Chief Executive of the Macao SAR will be the head of the Macao SAR and will represent the region.

The Chief Executive of the Macao SAR will be responsible to the central people's government and the Macao SAR in accordance with the provisions of this law.

Article 47. The Chief Executive of the Macao SAR should 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 20 years.

Article 48. The Chief Executive of the Macao SAR will be

selected by election or through consultations held locally and appointed by the central people's government.

The specific method for selecting the Chief Executive is prescribed in Annex I. "Method for Selection of the Chief Executive of the Macao SAR.” Article 49. The term of office for the Chief Executive of the Macao SAR will be five years. He or she may serve for not more than two consecutive terms.

Article 50. The Chief Executive of the Macao SAR will not be entitled to the right of abode in a foreign country during his or her term of office or engage in personal profit-making activities. The Chief Executive, on assuming office, will declare his or her assets to the chief justice of the Macao SAR Court of Final Appeal. This declaration will be put on record.

Article 51. The Chief Executive of the Macao SAR will

exercise the following powers and functions:

(1) To lead the Macao SAR government;

(2) To be responsible for implementing this law and other laws which, in accordance with this law, apply to the Macao SAR;

(3) To sign bills passed by the Legislative Council and to promulgate laws;

To sign appropriation bills passed by the Legislative Council and report the budgets and final accounts to the Central People's Government for the record;

(4) To decide government policies and issue executive orders;

(5) To formulate, promulgate and implement executive regulations;

(6) To nominate and report to the central people's government on the appointment of the following principal officials: Secretaries and deputy secretaries of departments; commissioner against corruption; director of audit; responsible persons of the police and customs departments; and to propose the removal of these officials to the central people's government.

(7) To appoint members of the Legislative Council;

(8) To appoint and remove members of the Executive Council;

(9) To appoint and remove presidents and judges of the courts and procurators at all levels in accordance with legal procedures;

(10) To nominate a chief justice in accordance with legal procedures and submit the name to the central people's government for appointment or to recommend the removal of the above-mentioned official;

(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 relevant matters provided for in this Law;

(13) To conduct, on behalf of the government of the Macao SAR, external affairs and other affairs as authorized by the central authorities;

(14) To approve the introduction of motions regarding revenue 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 award medals and confer honorary titles of the Macao SAR in accordance with the law;

(17) To pardon persons convicted of criminal offences or commute their penalties in accordance with the law; and

(18) To handle petitions and complaints.

Article 52. If the Chief Executive of the Macao SAR considers that a bill passed by the Legislative Council is not compatible with the overall interests of the region, he or she may 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 SAR refuses to sign a bill passed a second time by the Legislative Council, or the Legislative Council refuses to pass a budget or any other bills the Chief Executive deems 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 and explain the matter to the public.

The Chief Executive may dissolve the Legislative Council only once in each term of his or her office.