The city-state of Macau also has a regional parliament with a political-administrative framework and equal powers to those of all states even though they might not be sovereign countries.
Although limited by the powers held by the central sovereign bodies of their own countries and the legislation they pass, all these regional or state parliaments feature wide regional legislative powers. Besides, those political-legislative bodies usually check and influence the respective regional government. Sometimes they even play a major role in local and national politics.
In Macau the regional parliament is a single-chamber collective body called the Legislative Assembly. This article will analyse and describe this political institution.
However, since legislation has been published which caused major changes, an outline of the Macau Mission in Lisbon and the Gambling Consultative Council shall be given prior to starting with the analysis of the Legislative Assembly. This comes in line with the first article on this subject which was published in RC no. 4.
The Macau Mission in Lisbon
The Macau Mission in Lisbon has been operating 'de facto' since 1985. However, it was only on 28th March, 1988, that Decree-Law no. 21/88/M enacted its formal establishment and structure.
The Macau Mission in Lisbon depends directly on the Governor of Macau. It is a public service of the Territory designed to help represent the economicfinancial, cultural and tourist interests of Macau in Portugal.
Training staff and providing the Governor of Macau with documentation and logistic back-up also falls within its scope.
In Portugal the economic interests of the Territory are introduced to Portuguese economic agents or those operating in Portugal, both public and private, by the Macau Mission in Lisbon. It must therefore arrange agreements, sell and promote products and business prospects. It must also seek opportunities for Portuguese investments in Macau and vice-versa.
As regards culture and tourism, it promotes the history and culture of Macau as well as encouraging artistic, cultural and tourist relations between Portugal and Macau.
Staff training is also within the scope of the Macau Mission as it gives people from Macau the necessary support when training in Portugal. In addition, all those public and private Portuguese companies which participate in training staff in Macau receive the Mission's support.
In short, the Macau Mission in Lisbon acts as an office which represents Macau's interests in Portugal, somewhat like a consulate.
In view of the current political-administrative transition, it is pertinent to ask whether establishing a Macau Mission in Beijing would be advantageous.
The Gambling Consultative Council
The Gambling Consultative Council as set out in Decree-Law no. 45/83/M, dated 26th December, was referred to briefly in the previous article. However, pursuant to Decree-Law no. 52/88/M, dated 20th June, the said committee was eliminated and the above-mentioned council established instead.
Currently the Gambling Consultative Council possesses only consultative powers. These are related to the business performed by the Gambling Inspection and Coordination Department. The Council may submit proposals on both the supervision and inspection procedures regarding the concessionaires, and their compliance with the legislation in force.
The Legislative Assembly
In general terms, this is the body of the Macau Government which represents the people's and Macau's interests. It also retains legislative powers. Its seventeen members are chosen as follows: seven are elected through direct and universal suffrage, six through indirect suffrage, and five are appointed by the Governor who is free to choose them from amongst the citizens of Macau.
The power held by the Governor to appoint members arises from the fact that he represents Portugal's sovereign bodies in Macau. The appointment of members by the Governor is also an act of mediation in search of political compromises in the light of a complex socio-political situation which is always changing at a fast pace. The influential role of informal sources of power (2) should also be taken into account with this political environment.
The democratic representation of the Macanese population is assured by direct suffrage. In the 1984 polls, members elected represented three lists headed by three different candidacy committees 'Which shows that, in sociological terms, direct and universal suffrage is the best means of representing local interests'. (3)
Indirect suffrage has favoured 'associations representing economic interests which has allowed the business community to be directly represented in the political power framework through their five members'. (4)
Elections
Seventy per cent of the members of the Legislative Assembly are elected in both direct and indirect elections.
Anybody over eighteen and residing in Macau for at least three consecutive years (5) regardless of his nationality (Portuguese, Chinese or foreigner (6)) is entitled to vote.
The Governor, his Under-Secretaries and the Commander of the Security Forces are entitled to vote regardless of their length of stay in Macau.
The following individuals are not allowed to vote in direct elections: criminals sentenced with no right of appeal, psychiatric patients, demented people according to the advice of the Territory's Health Committee, convicts still serving their sentence in prison (provided no amnesty or pardon has been enacted), and all those whose political rights have been banned by a court decision carried out in res judicata.
Those corporate bodies registered with the Macau Identification Department with at least one year of corporate entity which represent moral, cultural, social and economical interests shall be entitled to vote in indirect elections.
Those corporate bodies which comply with the above specifications shall not be entitled to vote in indirect elections when they have been established by public bodies or depend upon them financially.
The Electoral Census
The census for the election of the Legislative Assembly, Consultative Council and municipal bodies is governed by Law no. 10/88/M, dated 6th June, which revoked Decree-Law no. 9/84/M, dated 27th February, and a section of Decree-law no. 4/76/ M, dated 31st March (7).
The census may be interpreted in two ways: the official registration in the electoral lists of people who are entitled to vote, or the result of that action, i.e., the set of electoral lists. The proper meaning should be taken in accordance with the context.
Individuals and corporate bodies entitled to vote have the right and duty to register themselves in the electoral census. They must also check whether their registration is correct as well as requesting the relevant correction where an error has been found.
Pursuant to the law, no voter shall be registered more than once in the electoral lists.
The electoral census is valid at all times. Although the legislation in force specifies that updating must be done every year, the census was not updated in 1986 and 1987. This has caused the release of statutes exempting the census from being updated in those years.
The electoral census is based on Macau and the island districts. Voters are registered at the electoral committee head-office or census office in their usual area of residence. No public buildings, factories, workshops, welfare offices or any buildings used for purposes other than residence shall be accepted as usual place of residence unless voters live there and documents proving that can be produced.
Moving from one district to another calls for a new registration which shall be done at the census office in the area of the new address within its annual period of operation.
The census regarding individuals for direct elections is organized by census committees in each district. Their conditions and period of operation shall be specified by the Governor who will publish them in the Official Gazette. Thus census offices directly dependant upon the census committees may be set up in order to decentralize the activities of the latter. Currently this issue is governed by Act no. 62/GM/88 published in Official Gazette no. 24, dated 25th June, 1988.
In bureaucratic and technical terms, census committees are given support by the Administration and Civil Service Department, whilst the Security Forces give them support in public safety and order. Civic Associations may also help census committees by publicizing the census and taking part in some organizational activities.
The minimum period for registration is 30 days and the Governor must publish an Act in the Official Gazette to set out the period of the year in which the census is to take place.
A voter's card is issued to prove that an individual has been registered in the census. This card, properly numbered and certified, is subject to some rules as set out in Administrative Rule no. 111/88/M, dated 29th June.
The law sets out in great detail the census process. It is completed when updated census lists with entries in numerical order are prepared.
When the annual electoral census period expires, electoral lists shall be displayed for ten days at the census office. Voters may check and present complaints within this period. Any voter or Civic Association who finds an error or omission may present a complaint in writing to the Census Committee or office. Appeals may be lodged with the Supreme Court of Macau against the Committee's decisions.
The census regarding corporate bodies for indirect suffrage is organized by a census committee which operates under the Administration and Civil Service Department, under the terms and conditions as specified for direct suffrage.
Census lists shall be kept and maintained by the Administration and Civil Service Department.
Violations of the provisions of the electoral census such as unlawful and fraudulent registration, impeding registration, forging voter's cards, impeding identity checks at registration and refusal to participate in the census process are governed by the said Law no. 10/88/M.
The Electoral Process
Candidacy Committees or Civic Associations may submit slates for the direct election of members. All people over the age of twenty one and resident in Macau are eligible.
Pursuant to para 2 of article 60 of Decree-Law no. 4/76/M, dated 31st March, and Decree-Law no. 8/84/M, dated 27th February, "Each candidacy committee shall have at least one hundred members and a political programme to be released before the election campaign starts. Only after the Administration and Civil Service Department has been given written notice shall the candidacy committee be legally established. The above-mentioned written notice shall be signed by all members and give identification details such as name, age, job and address. It shall also state the names of the official representatives who will be responsible for the committee's guidelines and discipline. The first name on the list of the three official representatives shall be that of the president'. Candidacy Committees are therefore temporary organizations whose sole purpose is to give candidates the necessary support during the election campaign.
On the contrary, Civic Associations (9) are permanent organizations acting like political parties. They represent political sectors and act as political pressure groups. Usually they enter into agreements with Portuguese political parties and promote the study and analysis of local issues. These Associations are also likely to back candidates for the Legislative Assembly.
Upon completion of the election the District Court shall check the results and announce in the Official Gazette the names of the members elected. This shall be done at least eight days prior to the opening of the Legislative Assembly. If it is a by-election, that announcement should be made within 15 days from the day it was held.
As regards indirect suffrage, five members representing economic interests and one representing moral, cultural and social interests shall be elected by an independent electoral college.
The composition of the Legislative Assembly is therefore divided into three sections which feature three different means of representation.
Each member of the Legislative Assembly starts his mandate after being sworn in.
Currently the mandate is for four year starting at the first session. If a mandate becomes vacant within the said period the relevant replacement shall be either appointed by the Governor or elected in a by-election depending on how the predecessor was chosen. This replacement shall take place within 60 days from the day the mandate was found vacant. If the mandate is to expire within the said period, no replacement shall be made. In case of a new appointment by the Governor or by-election the new member's mandate shall expire at the end of the same four year period. Following the last session, at the end of the four year period, the Legislative Assembly shall keep all its members until the new ones have been sworn in.
The Legislative Assembly may also be dissolved in exceptional cases prior to the termination of its term. It can only be dissolved if the Governor presents the President of the Republic with a proposal stating that it is in the public interest. Based on that proposal the President may order the dissolution of the Legislative Assembly. He must then call new elections (11).
The Duties and Rights of Members of the Legislative Assembly
As soon as they are sworn in, members of the Legislative Assembly are assigned some duties and rights called the Members' Rules and Regulations.
These Rules and Regulations are governed by the Macau Organic Statute and specifications under Laws no. 11/87/M, dated 17th August, 9/87/M, dated 10th August, and 1/88/M, dated 1st February. The representativeness and dignity of all members is described therein, no matter how they have been appointed because they all represent the population of Macau as per article 1 of the Organic Statute. Therefore all members hold the same duties and rights.
In general, the members' mandate starts at the first Assembly meeting and once its composition has been certified. In the case of a later appointment, the mandate shall start in accordance with the Assembly's own operational rules.
Members may be temporarily suspended for a maximum of 45 consecutive days or 60 interpolated days. Also, in some cases the Legislative Assembly may order the suspension of one of its members if he is accused of defamation, slander, libel, injury to public morals or public incitement to crime. In general the members' mandate expires when the new members are sworn in. Exceptionally, a mandate may expire because of death, waiver or loss. The waiver is a voluntary act on the part of the member who must hand in a written declaration. Pursuant to para 1 of article 7 of the Members' Rules and Regulations, the loss of mandate is caused by any incapacity or incompatibility foreseen in the electoral ordinance, even when those acts of incapacity or incompatibility have occurred prior to election or swearing in. Nevertheless the Legislative Assembly is prevented from reassessing acts transacted in res judicata or over which resolutions have been passed prior to the beginning of the Assembly's four year mandate. Where a member is absent for five consecutive meetings or fifteen interpolated meetings he must also lose his mandate.
Members of the Legislative Assembly enjoy certain immunities. They cannot be rendered liable for opinions and votes cast during their mandate unless those opinions are a crime. However, even for criminal reasons their detention or imprisonment is subject to some conditions.
Members who are civil servants shall not be subject to disciplinary sanctions for opinions and votes cast during their mandate.
Members hold guaranties, benefits, rights and duties which are legally granted to them because of their status.
All public bodies in Macau must cooperate with members of the Legislative Assembly.
Pursuant to para 1 of article 17 of the Members' Rules and Regulations, members of the Legislative Assembly hold the following powers:
- To submit bills and resolutions;
- To subscribe amendment proposals;
- To request ratification of decree-laws;
- To request that any bill be processed as a matter of urgency as well as any decree-law which requires analysis as per recomendation of the Legislative Assembly's Standing Committee;
- To participate in debates and votes;
- To collect information and official publications as deemed necessary;
- To give written questions aimed at providing explanations for the public about any acts performed by the Governor of Macau or the Territory's Public Administration;
- To propose the setting up of provisional committees;
- To give hearings, consult or request information from any Government body or department about any public administration acts without prejudice to the smooth running of the Assembly.
Powers of Legislative Assembly
Article 31 of the Macau Organic Statute sets out the powers held by the Legislative Assembly. These can be divided into four main areas: legislation politics and political control, control of constitutional matters, and legalities and general administration (12).
As regards legislative power, the most important one in the Legislative Assembly's activities, its constitutional role should be emphasized. It holds the power to propose the Portuguese Parliament amendments to the existing Macau Organic Statute. In addition no amendments to any proposal can be made unless the Legislative Assembly gives its approval. In terms of constitutional rights in Macau, the Portuguese Parliament is therefore limited to ratifying proposals submitted by the Legislative Assembly since this body represents the Territory's interests and people. The foregoing stresses 'The independence and primacy of Macau in preparing its contitutional right over Portuguese institutions'.
The legislative power also covers the following issues:
- To make, interpret, suspend and revoke laws regarding matters of interest to the Territory if such laws are not within the exclusive scope of the Republic's sovereign bodies;
- To make criminal laws by specifying new categories of crimes in the light of the Territory's new social-political environment. It must also lay down the relevant sentences which shall not exceed 8 years of imprisonment;
- To specify the administrative division of the Territory and approve the general guidelines of the local administration's judicial system, inclusive of the conditions under which the Governor is to dissolve municipalities;
- To lay down the judicial system regarding the relations between the Territory's central government and local government;
- To approve the Civil Service rules concerning the establishment of new jobs and job descriptions, amending existing ones as well as setting out civil servants' pay scales;
- Regarding fiscal legislation, to specify the guidelines of the Territory's tax system (including incidence, rates, exemptions and other fiscal benefits);
-To approve the principles and reasoning behind the annual master budget and authorize inpayments and outpayments during the relevant period.
In terms of politics and political control, the Legislative Assembly is entitled to interfere with the appointment of the Governor by giving its advice following consultation by the President of the Republic.
All the above-mentioned legislative powers are exclusive to the Legislative Assembly. However, the latter may assign some of them to the Governor simply as a political move. Those legislative authorizations which do not expressly specify that they can be used in a continuous manner should be divided instead of being used more than once.
The Legislative Assembly has the power to analyse the Governor and Government's performance. This analysis is however carried out strictly in political terms and in view of the Territory's interests. When such analysis is favourable, praise might be given. Otherwise, votes of censure on the Government might be approved. Votes of censure must be presented with full information regarding the reasons for which they were proposed.
Neither the Governor nor his Under-Secretaries depend upon the Legislative Assembly's express or tacit trust. In view of the above, only the President of the Republic has the power to take measures following the approval of a vote of censure. He may then dismiss the Governor and his Under-Secretaries. In case of an approved vote of censure the President of the Republic and the Governor must be advised immediately by the Legislative Assembly.
While exercising its legislative powers the Legislative Assembly exercises its political powers regarding the issues it is involved in, such as the case of the Administration and the Civil Service, Econcomy and Finance.
As regards politics, the Legislative Assembly also has the power to give advice on any matter of interest to the Territory upon request by the Portuguese government or on its own initiative.
In terms of public finances, the Legislative Assembly holds the power to analyse the Territory's annual accounts which shall be submitted to it together with the report and advice by the Administrative Court.
The Legislative Assembly is also to authorize the Governor to borrow money and carry out any legal credit transaction as well as giving suretyships to national or international credit operations to be performed by public or private companies with a head-office in Macau regarding the financing of developments or projects which are found to be beneficial to the Territory's economy. When international relations have been performed by the President of the Republic and international agreements or conventions have been reached, both the Governor and Legislative Assembly must be consulted prior to enforcing the said agreements and conventions and the Legislative Assembly is to give its advice on those documents.
The Legislative Assembly may also be consulted whenever it is found necessary to restrict individual freedom and lift totally or partially constitutional guarantees following an effective or likely change in public order.
As regards the control of constitutional matters and legalities, the Legislative Assembly is to check in Macau on the compliance with the constitutional rules and submit to the relevant court all inconstitutional matters found regardless of their nature. It may be said that there is an indirect control of constitutional matters.
If the Legislative Assembly finds that laws are illegal or are not being conformed to, it has the power to suspend and revoke those illegal laws as well as laying down any mechanisms leading to correct compliance with the rules.
Lastly, there is the general administration area which covers the power of the Legislative Assembly to lay down the conditions of its operation and discipline. These shall be included in its bylaws. It must also elect members to the High Safety Council.
Organization of Legislative Assembly
The Legislative Assembly structure is somewhat complex and the following elements should be outlined: the Chair, the Board, Committees, the Plenary and the Secretariat.
The Chair is composed of the Chairman and Vice-Chairman of the Legislative Assembly; the latter shall replace the Chairman during his absence as well as exercising any powers conferred upon him.
The Chairman and the Vice-Chairman shall be elected in secret from amongst the Assembly's members. The powers of the Chairman are wide (14): he chairs, guides and mediates the Assembly sessions, represents the Legislative Assembly, liaises with the President of the Republic regarding specific matters of public office, liaises with the Constitutional Court for checking whether Macau laws and decrees are constitutional, and also with the Governor.
The Legislative Assembly's Board is composed of the Chairman, Vice-Chairman, the 1st Secretary and 2nd Secretary.
The Board has managerial powers regarding the Legislative Assembly's assets, finances, staff and members. It must also give the Chairman its support.
Assembly meetings, members' initiatives and complaints are also within the Board's scope. The Board must also monitor whether the Assembly's Conditions of Operation are met.
The Committees are composed of 3 to 9 members and are intended to produce studies, reports, surveys, offer advice, find out facts, perform specific duties during the Assembly's annual recess, analyse the Governor and Government's performance, check the compliance with laws and resolutions, collect information concerning political and administrative problems or carry out any other duty as specified from time to time by the Legislative Assembly.
Committees may be standing or provisional, depending on their powers and period.
Pursuant to article 37 of the Legislative Assembly's Conditions of Operation, standing committees are as follows:
- Conditions of Operation and Mandates Committee - this committee checks the powers, members' mandates and the compliance of or amendment to the Assembly's Conditions of Operation;
- The Legislative Assembly's Standing Committee - it operates during the Assembly suspensions or annual recesses. It follows the Governor and Government's affairs up, exercises the powers of the Assembly regarding the members' mandate, resolves on the calling of meetings, prepares the opening of the legislature session, recommends the analysis of decrees enacted out of the control of the Assembly, decides on complaints regarding the final wording of laws, appoints representatives and in general gives its advice on any matters submitted by the Chairman or the Plenary;
- Constitutional Affairs, Rights, Freedom and Privileges Committee;
- Public Administration and Municipalities Committee. Pursuant to the provisions in article 43 of the Assembly's Conditions of Operation the following are the powers of each one of the above committees:
a) "To analyse bills, amend proposals as well as international agreements and conventions as submitted to the Legislative Assembly;
b) To approve petitions presented to the Legislative Assembly;
c) To collect information on political and administrative problems within its scope and, when thought advisable, provide the Legislative Assembly with all data that the appraisal of the Governor and Government's performance requires;
d) To monitor whether both the Administration and Governor comply with the laws and resolutions passed by the Legislative Assembly; in addition, they may also make suggestions to the Assembly concerning the above;
e) In general, to give their advice concerning matters submitted to them by the Legislative Assembly and its Chairman."
Provisional committees are established by the members of the Legislative Assembly. They are to give their advice on matters for which they have been established and produce relevant reports within the pre-set deadlines.
Operation of Legislative Assembly
The operation of the Legislative Assembly and its committees as well as the legislative process, appraisal of the Governor and Government's performance, legal framework and secretariat will be examined in the following article. However the way the Legislative Assembly carries out its business will be described next.
Once the election results are known, the Legislative Assembly must meet within thirty days. The legislature, which in general is composed of four sessions, is then started. Each session lasts eight months and it can be divided into two or three operational periods. In exceptional cases, a period can be extended if the Legislative Assembly so resolves.
The Legislative Assembly holds ordinary and extraordinary meetings. The former, held during the legislative session are called by the Chairman or his lawful substitute or upon request submitted by at least six members. Extraordinary meetings are held outside the legislative session and are called by the Chairman or his lawful substitute or the majority of members required to resolve on the matters expressly referred to in the relevant notice.
Pursuant to articles 61 through 65 of the Assembly's Conditions of Operation and in accordance with the priority of the subjects, the Legislative Assembly's business shall follow the agenda which was agreed at the previous meeting or at least forty eight hours in advance. Plenary meetings are divided into two different parts: the general section and the order of the day. The former cannot last more than one and a half hours. Within this period of time the Board reads all correspondence, members make comments about political, social, economic, cultural or administrative matters, and votes of congratulations, greetings, protests and mourning are approved.
The plenary of the Legislative Assembly can transact its business provided more than half its members are present.
The Legislative Assembly may suspend the legislative session no more than three times nor for periods over twenty days in each legislative session. Exception is made to the first legislative session when the said provision is not applicable. Although the plenary does not operate during suspensions or recesses, committees can still operate.
The committees' work is less known and praised by the general public. However, it is of great importance because their work is the basis of major decisions. Committees make in-depth analyses of controversial matters. The plenary is unable to do the same because its meetings are open to the public. On the contrary, committee meetings are not open to the public although non-members may be invited to attend them whenever committees think that is advisable.
The Legislative Assembly and the Transition Period
Established in 1976, the Legislative Assembly is now completing its third legislature. Throughout these last twelve years it has been very easy to find contradictory comments in the press regarding its performance. Some praise it while others criticize it.
Bearing in mind that its members have other jobs, public or private, and no advisors are available to help them with the preparation of laws, some say that despite doing its best, the Legislative Assembly's performance was below expectations. The Legislative Assembly's members are Portuguese and Chinese. The latter are the majority and so are the representatives of the wealthy community (developers, entrepreneurs and senior officials). In addition, there are very few members who have a technicaljuridical education.
In view of the above difficulties, the production of laws was below expectations and most of the laws came from the Government rather than the members of the Legislative Assembly.
Nevertheless, throughout these three legislatures important laws for the Territory have been passed and legislative authorizations have been given to the Governor regarding matters of regional interest.
In order to meet the political requirements required for the transition period, the Legislative Assembly should be reformed in the forthcoming legislature. This reform should take into account the following aspects amongst others:
- Increase the exclusive legislative powers with all those concerning the Territory which are still under the Parliament's jurisdiction, being transferred to the Legislative Assembly (such is the case of the judicial system and criminal system);
- Increase its representativeness and efficiency by enlarging the number of members and changing their conditions respectively. This would make room for full-time members;
-Increase its efficacy by providing the Legislative Assembly with a technical and juridical advisory board.
The Legislative Assembly after 1999
The Joint-Declaration states that the Special Administrative Region of Macau will be given independent legislative powers. This will enable us to put the forthcoming political-administrative framework of Macau whilst a regional state into perspective.
The legislative body which is to keep its current name or change it to "Regional Assembly" or "State Assembly", shall be composed of locals, the majority of whom shall be elected. In general, it seems that the present system of appointment of members will be kept. Also, the definition of local resident will be taken in the light of the provisions laid down in Appendix IX to the Joint-Declaration. In fact, it specifies that nationality (Chinese, Portuguese or otherwise), place of birth (Macau born) and permanent residence in Macau for at least 7 consecutive years prior or after 20th of December, 1999, will be taken into account for a member to become eligible. After 20th of December, 1999, all laws in force at the time will be kept unchanged except those which violate the provisions under the Basic Law (the true Political Administrative Constitution of Macau) or those which the new legislative body is to amend.
The future Legislative Assembly will have a separate legislative performance. In other words it will be governed only by the Basic Law.
All bills passed by the legislative body of the Special Administrative Region of Macau will be registered with the Chinese People's National Council. The relevant Standing Committee will then be advised case by case.
The legislative body of Macau must follow the performance of the executive body up in accordance with the Basic Law.
In addition to the Chinese language, the future Legislative Assembly may also use the Portuguese language as per para 5 of the Joint-Declaration. However this depends on both the Basic Law and the new legislative body's specifications which will certainly take into account whether the Portuguese language is important to the smooth operation of the Assembly. Within the first half of the XXIst century it is likely that the future Legislative Assembly will play an important role in the political-administrative structure in force in Macau. In addition to the very important legislative tasks, the new legislative body will also play a political role likely to influence the performance of the executive body of the Special Administrative Region of Macau and consequently the life of its people.
NOTES
(1)The following are sovereign states: Federal States (USA's States); Federate States (Brasil's States); Confederate States (Switzerland's Cantons) and Regional States (India's Goa State).
(2)Please see Macau, City of Commerce and Culture, pp. 189, 191, by Rui Afonso and Francisco Gonçalves Pereira.
(3)Op. cit., p. 192.
(4)Administração Pública de Macau, published by the Government of Macau, 1986, p. 15.
(5)Order no. 69/GM/88, dated 28th June, 1988, specifies the conditions in which a person can vote and the conditions of residence for the purposes of the electoral census:
"1 - The identity of a would be voter shall be proved by the identity card for Portuguese nationals and foreigners, or the Police special card and residence card which certifies that the holder has been living in Macau for at least 3 consecutive years.
"2 - Residence can be proved by either of the following:
a) Certificate issued by one's employer;
b) Certificate issued by the Police Department when the citizen is not a Portuguese national;
c) Certificate issued under oath by the interested party."
(6)Pursuant to the previous legislation which was amended on 10th June, 1988, all those Hong Kong residents over eighteen years of age who were born in Macau and were registered with the Portuguese General Consulate in Hong Kong may also vote.
(7)Decree-Law no. 9/84/M, dated 27th February, was aimed at making the electoral census more efficient, stimulating the registration of potential voters in direct elections (which was successful) and re-defining organizations and associations regarding indirect elections.
(8)Please see D. L. no. 59/86/M, dated 31st December and D. L. no. 1/88/M, dated 14th January.
(9)Presently there are three Civic Associations: ADIM (The Association for the Protection of Macau Interests; CDM (Macau Democratic Centre); and, UNAMACAU (Macau Friends Association).
(10)Please see D. L. no. 3/76/M, dated 23rd March.
(11)Please see the Decree issued by the President of the Republic published in Official Gazette no. 28th February, 1984, (Supplement II) whereby the Legislative Assembly was dissolved.
(12)In note (2) of the quoted work, the Legislative Assembly powers are divided into three groups as follows: 1st - Exclusive legislative powers;
2nd - Control of the Governor's and his Under-secretaries' performance in political terms;
3rd - Indirect control of whether laws are constitutional.
(13)Please see work quoted in note (2), pp. 186 & 187.
(14)Please see articles 23 and 24 of the Legislative Assembly's Conditions of Operation. Please note that this document was approved in 1977 by the Legislative Assembly. However it was not published in the Official Gazette.
The general period for an extension must not exceed one hour nor take place more than once a week.
* Lawyer
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