16
Macao: Strengthening Human Rights Safeguards
this respect, these articles reflect some of the provisions of the UN Basic Principles on the Independence of the Judiciary.7
However, the Draft Basic Law fails to guarantee conditions of service and tenure of judges that are in conformity with the UN Basic Principles. For example, Basic Principles 11 and 12 stipulate that:
"11. The terms of office of judges, their independence, security, adequate remuneration, conditions of service, pensions and the age of retirement shall be adequately secured by law."
"12. Judges, whether appointed or elected, shall have guaranteed tenure until a mandatory retirement age or the expiry of their term of office, where such exists."
Amnesty International recommends that provisions reinforcing the independence of the judiciary be incorporated in the Draft Basic Law, in particular, a provision making the terms of office and conditions of service of judges subject to legislation and a provision granting guaranteed tenure to judges until a mandatory retirement age or the expiry of their term of office.
4.3.2 Fair trial procedures
There are no specific provisions which guarantee that the rights currently enjoyed by Macao residents and the principles currently applied in the judicial system administered by Portugal will be maintained, except that Article 87 provides that "former courts of criminal prosecution shall be maintained". Articles 86 and 92 stipulate only that "the structure, powers and functions as well as the operation" of the courts and the procuratorate "shall be prescribed by law".
Chapter Three of the Draft Basic Law which concerns Macao residents' fundamental rights and duties does contain a number of provisions directed toward the protection of the right to fair trial:
Article 28 of the Draft Basic Law states,
"The freedom of the person of Macao residents shall be inviolable... No Macao resident shall be subjected to arbitrary or unlawful arrest, detention or imprisonment. To cope with arbitrary arrest or imprisonment, residents
7 The Basic Principles on the Independence of the Judiciary were adopted by the Seventh UN Congress on the Prevention of Crime and the Treatment of Offenders and endorsed by the UN General Assembly in 1985,
Al Index: ASA 27/01/91
Amnesty International November 1991
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