Institutions of Macau(I)

The main purpose of this article and the series of articles that will follow is to present some of Macau's most important juridical issues in a systematic and general manner. It is also aimed at adding some explanations of the existing legal framework which will allow the future in the light of the recent 'Sino-Portuguese Joint Declaration on the Future of Macau' to be put in perspective.

The language used will be simple in order to make the text accessible to everyone; quotes will be kept to a minimum to make reading more pleasant and some abbreviations will be used to shorten the text.

In order to provide a better understanding of the issues in question, it was thought useful and advantageous to start the approach to the juridical framework of Macau with an examination of its political and administrative institutions. The latter are permanent organizations governed by the public legal system which have the possibility of shaping the Territory's communities, namely in terms of their cultural, social and economical features.

Following a brief description of the political structure of Macau, this article will provide a comprehensive approach to the Territory's major political-administrative organ, the Governor, aswell as those bodies and departments which are most closely linked to the exercise of his duties.

The Constitutional Framework of Macau

First of all, reference should be made to the existing constitutional framework. Also, a brief description and analysis of the Macau Organic Statute (MOS) as well as a classification in terms of its nature and juridical strength should be made.

The current MOS, approved by the Constitutional Law 1/76, dated 17th of February, together with the relevant amendments which were made thereto pursuant to Law 53/79, dated 14th of September, is the result of a specific constitutional framework which matches the Territory's geographical, historical and political peculiarities. Although it was approved prior to the Constitution of the Portuguese Republic (CPR), the original clauses 292 and 306 of the latter gave the MOS the same nature as a constitutional law.

Clause 5, paragraph iv of the CPR states that Macau is a territory under Portuguese administration and further specifies that it must be governed by a statute which shall encompass its specific conditions.

The MOS has a constitutional nature. It is really the Constitution of Macau. Only the Legis lative Assembly has the power to amend or replace the MOS at any time, unlike the CPR. Although the limits of its contents are not expressly set out, it seems that they are related to those principles laid down in the CPR and rights and duties of Portugal arising from international conventions and agreements on Macau.

Based on Portuguese constitutional laws, mainly the CPR and the MOS, there is a territorial constitutional order in which the Legislative Assembly plays an important role and therefore it holds a major stake in the constitutional power of the Territory. In fact, replacing or amending the existing MOS requires approval from the Portuguese Parliament. However, the latter will only consider doing this after a proposal has been submitted by the Legislative Assembly which shall also give its prior consent to any amendment. Regarding Macau's constitutional structure, the Legislative Assembly holds not only exclusive power to legislate, but also to veto any amendments to the initial proposal that the Portuguese Parliament wishes to make. Macau's constitutional laws depend upon the consent given by the two legislative bodies, the national and territorial ones. However, regional powers are emphasized since the Territory holds 'the right to legislate on anything related exclusively to it'.

This is the principle whereby autonomic powers may prevail over the 'political centralization' factors or the centralization of political and administrative prerogatives and powers in the Portuguese national bodies.

As the Territory's Constitution, the MOS sets out the political and administrative structure of Macau, and specifies the Government bodies which in general are the Governor and the Legislative Assembly. It defines their political and administrative powers as well as their chief organizational and operational principles. Also the MOS set out the limits of autonomy and regulates the relations between local bodies and those of Portugal. The latter hold powers namely in respect of the Territory's foreign and defence affairs.

According to Professor Jorge Miranda, it is 'an organization that is dictated by circumstance, much more similar to that of the former colonies than the autonomous regions'. Although the structural solutions were based on the organization existing prior to the 25th of April, 1974, when Macau was an Overseas Province with a Lisbon appointed governor, it seems likely that presently neither the governor's powers nor those of the remainder of the Territory's bodies can be in any way related to those held by the overseas administrative bodies. Furthermore, it should be stressed that even their jurisdiction, whose scope is wider and more localized, is different.

Relations with the Portuguese Constitutional Framework

The national constitutional framework of the Portuguese Republic is used in Macau together with the territorial constitutional framework. On the one hand it formally legitimizes the MOS and its constitutional autonomy; on the other hand it sets out the main principles and juridical rules to which the Territory's constitutional patterns as well as the local ordinary legislation must conform. This is assured by means of mechanisms which check the constitutionality of the laws (see MOS, clause 40, para iii & clause 41, para iii).

Therefore the Territory's juridical structure is directly influenced by two constitutional frameworks, the territorial constitutional framework being dependant on the national constitutional framework. Professor Jorge Miranda stated that 'relations between Portugal and Macau can be explained in terms of miner territorial law'.

As a result of the above two constitutional frameworks, there are national bodies with jurisdiction over Macau, namely in respect of legislation. Although the trend is towards an effective consolidation of a full legislative autonomy, Portugal's government bodies can and should pass legislation on Macau. These bodies have no constitutional restrictions regarding the passing of legislation on Macau; they can create laws which are common to both Portugal and Macau or exclusive to Macau.

The likely occurrence of conflicts between the national and territorial juridical structures is foreseen in clause 41 of the MOS which sets out a material criterion to solve them. Pursuant to the said clause, the national juridical structure shall prevail where the relevant subject is not exclusive to the Territory's legislative bodies; on the contrary, where the relevant subject is covered by the jurisdiction of the Territory's legislative bodies, territorial rules shall prevail.

Territorial Political and Administrative Structure

Macau's political-administrative structure is based on a long and complex process the history of which will assist in understanding the present.

As stated previously, the Constitution of the Territory is the MOS which, together with the principles of the Portuguese Constitution, sets out the general framework of the Territory's political structure, relevant bodies, their powers and jurisdiction, as well as those who hold office and their rights and duties.

The current Territory's political and administrative structure depends upon Portuguese sovereignty. However, it is not a colonial one like the majority of those that exist or existed in the region, namely Hong Kong.

In fact Macau's peculiar condition has been shaped throughout more than four centuries. Above all it is a commercial and cultural entrepôt or meeting point in which the Portuguese political presence has been accepted, tolerated and sometimes respected thanks to the persuasion of weapons, balance of political powers and economic interests, or the respect for international law.

The local political and administrative institutions, while bodies of the Portuguese Administration, are legitimized by the sovereign bodies on which they depend as well as by all international treaties and agreements on this situation. In addition, there are also local institutions legitimized by direct and indirect suffrage. The current political institutions of Macau, a combination of bodies which make up the Government of the Territory, are the Governor and the Legislative Assembly. Other bodies also support the Governor, such as the case of the Consultative Council and the Security High Council.

Courts are the organs with judicial functions entrusted with powers to judge and enforce the law coercively. In Macau there is an ordinary law Court, a district Court composed of two courts and a Criminal Court; a specialized court to judge matters of Public Administration, the Administrative Court; a court to judge military crimes, the Military Court of Macau; a court for the collection of debts to the Public Administration, like the non-settlement of taxes or other charges owed to the Administration, the Exchequer Court. These are courts of Nisi Prius and are included in the Portuguese judicial structure.

Powers of the Central Institutions

Together with local institutions, the Portuguese State institutions also have the following powers in respect of Macau.

The President of the Republic holds the most important political powers since he appoints the Governor and Under-Secretaries, and supervises their performance. He also has executive powers regarding the Territory's foreign affairs as well as security and public order issues.

The Parliament legislates on Macau, not only in respect of the MOS, but also on those areas which according to the constitution are under its jurisdiction.

The Government of the Republic sets out the foreign policy regarding Macau. It also legislates on Macau within the relevant jurisdiction, as well as coordinating the cooperation between the Portuguese Central Administration and the Macau Administration. As regards national courts (Lisbon's District Court, Lisbon's Court of Appeal, the Supreme Administrative Court and the Suppreme Military Court), the Macau judicial system uses them as courts of appeal or courts of Nisi Prius.

The Court of Audit arbitrates any territorial conflicts regarding the legality of administrative acts. In fact, pursuant to clause 66 of the MOS, the Court of Audit has the power to decide on any dispute between the Government and the Administrative Court arising from any matter for examination or approval.

It should be added that the Constitutional Court could have played a much more important role in the development of the Territory's juridical life with regard to unconstitutional and illegal matters.

Macau - A City-State

Legally, Macau is defined as a territory under Portuguese administration. It is therefore seen as a corporate body in the internal public law of the Portuguese Juridical Structure.

It can be said that Macau also holds a limited or patronized international legal status since it can sign or support international treaties, conventions and agreements, as well as becoming a member of regional or international organizations.

Macau is a regional State and holds the status of a Semi-Sovereign City-State. It has its own bodies which carry out their legislative, executive and judicial duties with a great deal of freedom, autonomy and independence. It has its own symbols, mints its own money and has an economic, customs and fiscal system fully independent both from that of the Portuguese Republic (holding the ultimate powers regarding the Territorial Public Administration) and the People's Republic of China although the area and the majority of people of Macau (who are Chinese nationals) belong by legal right to the latter.

Population

The nationality of its inhabitants, those who live in Macau and especially those who were born here, is a major issue.

'To be a citizen of a country means to belong to a certain political society or State as a member, subject or national as well as enjoying all rights and benefits arising from that'. Also, 'to participate in a State means to participate in the juridical and political life provided by the State, as well as enjoying the protection and promotion that the said life provides in internal terms and in relations with other countries.

In general, the inhabitants of Macau are either Portuguese or Chinese citizens. Neither the MOS nor any other legal document deals in specific terms with the nationality of the inhabitants of Macau.

Law 7/74, dated 27th July, does not apply to Macau. 'In case of doubt, Law 37/81 would dissipate them as it refers to a territory under Portuguese administration for the purposes of acquiring Portuguese nationality (clause 1, para i a) and para ii), naturalization (clause 6, para i, b)), proof (clause 21, para i) and registration (clause 38, para i). (In Macau, the very same powers given to the Government pursuant to Law 31/81, are given to the Governor.) However, there is not total equality: although children born in Macau to a Portuguese father or mother are Portuguese (clause 1, para i, a)), neither those born to foreign parents nor those born in Macau with no other nationality are considered Portuguese nationals.

Aliens are required to apply for a special licence which allows them to live in Macau. Decree-Law 3/84/M, dated 28th of January, refers to this issue.

It should be noted that in order to protect the local labour force, the legal requirements for that purpose are even more demanding if that residence has a permanent nature or if it is meant to allow foreigners or aliens to work as employees.

Territory

Lastly, we would like to make a few comments on the territory which covers the City of the Holy Name of God of Macau, on the Macau Peninsula, and the adjacent islands of Taipa and Coloane, on the South China coast, in the middle of the delta formed by the Pearl River and West River, pursuant to clause 1 of the MOS.

Knowing exactly the territorial boundaries and circumscribing the perimeter of a public entity composed of population and territory like Macau, is very important. One should take into account that it is there that the principle current laws and regulations of Macau are to be enforced. It is also there that acts performed by authorities have their juridical effect.

The concept of resident, a juridical qualification which produces several legal effects like gaining passive or active election rights, is based on the territory. Also, attention should be drawn to the fact that the juridical concept of territory includes a ground space (soil and sub-soil), an aerial space (the whole of the atmospheric layer above the ground which is likely to be used), and a sea space (the sea water and corresponding sea-bed being under the control of the State which owns the relevant coasts).

Although clause 5 of the CPR specifies that it is a Portuguese territory, Macau is not part of the Portuguese national territory. On the contrary, according to the 1933 Portuguese Constitution which was in force until the Revolution of the 25th of April, 1974, Macau was part of the Portuguese State. This condition was in line with the provisions of clause 2 of the Friendship and Trade Treaty signed on the 1st of December, 1887 between the Portuguese Kingdom and the Chinese Empire, whereby 'the perpetual occupation and government of Macau by Portugal' was recognised. Currently, both the Portuguese Republic and the People's Republic of China agree, however that Macau is a Chinese territory under Portuguese administration until the 20th of December, 1999, when the People's Republic of China is due to take over the Government of Macau.

Macau Juridical Structure after 1999

What will the Macau Juridical Structure be after 1999? According to part 12 of the Joint Declaration, the major features of the current political, economic and social systems as well as the juridical structure will be kept unchanged. It is however, clear that this only applies to the model and principles. If the said systems and structure were left totally unchanged, in the light of new problems faced regarding its future, the present social, economic and cultural development of Macau would stagnate or even regress. This would neither be appropriate nor realistic since the power of inevitable changes would be stronger than such a 'straitjacket'.

Macau will become a Special Administrative Region of the People's Republic of China pursuant to clause 31 of the CPR which states that 'The State may set up special administrative regions whenever it thinks fit. Depending upon the conditions of each case, the Popular National Assembly shall set out the system to be enforced in those regions'.

Macau will keep its own Constitution which will be the SARM's Basic Law, with its own bodies performing with great autonomy the executive and legislative powers while the judicial power will be independent both in functional and organizational terms.

The territory will keep its financial, economic and customs independence and will decide on its own educational, cultural, scientific and technological policies. Even in terms of foreign affairs, Macau will have a certain degree of autonomy in international economic and cultural relations.

The Governor

The Governor is the highest authority in the Territory. He is appointed and dismissed by the President of the Republic on consultation with the local population, the Legislative Assembly and any other organization or entity representing local interests.

These powers held by the President of the Republic feature the most important institutional mechanism for liaison between the Portuguese Republic government bodies and those of the Territory.

As the Governor's mandate is for an unlimited period of time it is assumed that its maximum duration matches that of the President's mandate.

Following the hand-over of the Macau Administration to the People's Republic of China on 20th of December, 1999, the latter is to establish the Special Administrative Region of Macau. With this, executive power will be given to the Regional Government and, based on elections or consultations to be held in Macau, the Central Government will appoint its Governor.

The Governor holds representative, legislative and executive powers.

The post of Governor of Macau is equivalent to that of a Minister in the Portuguese political hierarchy and whenever he (the Governor) is away from the Territory or is unable to perform his duties, the President of the Republic will appoint an Acting Governor. If no appointment is made, the Commander of the Security Forces will take over.

Every time the Governor wishes to leave the Territory, he must seek the President's consent, except for trips to Hong Kong which must be reported to the President as soon as possible.

Politically, the Governor is answerable to the President of the Republic. However, his political and governmental performance may also be assessed by the Legislative Assembly which has the power to pass a vote of no confidence.

The Governor's Representative Powers

In Macau, the Governor represents the Portuguese President, Parliament and Government, i. e., all sovereign bodies of the Portuguese State, excluding Courts. Conversely, the Governor represents Macau as a single entity in both domestic and foreign relations.

Nevertheless, in the latter case the external representation is performed on behalf of the President of the Republic.

As the highest political authority in the Territory, it is the duty of the Governor to enact all locally approved laws or decree-laws. The enactment, which recognizes that the legislative process has been correct both in organic and formal terms as well as ordering them (approved laws or decree-laws) to be brought into effect, is the power to sign and order the above-mentioned laws to be published.

The Governor's Legislative Powers

The Governor also holds important legislative powers despite the Legislative Assembly being the major legislative body.

The Governor's legislative powers cover issues that are of exclusive interest to the Territory and which, by mandate of the Constitution or Law, are not under the Republic's sovereign bodies (such as the case of the judicial system) or the Legislative Assembly. However, if that Assembly has given the Governor powers to legislate on issues within the Legislative Assembly's scope or if it has been dismissed, the Governor can legislate as well. Where the Governor, without the approval of the Legislative Assembly, orders the publication of decree-laws on subjects which are within its scope, the Governor shall seek ratification by the Assembly. The said ratification will be given if those decree-laws have not already been discussed on proposal subscribed by at least six members during the first five sessions following their publication in the Government Gazette.

Therefore the ratification is like a declaration of intent - explicit if the Legislative Assembly resolves on the matter, or tacit if it does not- whereby the Legislative Assembly considers as belonging to it those Governor-issued and signed decree-laws dealing with issues within its scope which have not been approved by it (the Legislative Assembly).

In the case of non-ratification, the relevant decree-law must be cancelled on the date of publication of the notice advising that it has not been ratified. If the reason why the ratification has not been granted is based on unconstitutionality (contravention of the rules and principles of the Constitution) or illegality (contravention of the general law of the Portuguese Republic) the matter must be submitted to the relevant Court.

It should be worth mentioning that the ratification may be either total or partial. If it is partial the ratification may be granted with amendments to the original.

The Governor's Executive Powers

The executive powers are the most important powers held by the Governor. Above all, these feature the power to regulate the law, namely by means of Administrative Rules, or the application of legal provisions for specific cases by means of Official Communications.

All government matters related exclusively to the Territory lie within the Governor's executive powers, except for those which under the Constitution or Law are reserved for the Republic's sovereign bodies. Such is the case of the appointment of Under-Secretaries or District Judges or any other matters lying with entities with specific functions with the Territory's Public Administration, like the Govermental Agencies, Public Institutes, Foundations or public utilities if holding any powers of authority.

The MOS does not provide a comprehensive explanation of the executive functions. These can be grouped in four categories: general policy, regulations, public administration, security and public order.

As regards the first category, the Governor guides and manages the Territory's general policy in order to get the most correct measures approved in due time. This category comprises all institutional relations, knowledge, interpretation and adherence to the goals of the people of Macau, as well as the protection of the key moral and civilizing principles that the Administration must pursue.

'Pacifying' local communities, eliminating 'cracks' in society, developing trust at all levels, stimulating production, productivity and investment, building up the prestige of the Administration are included, among other objectives, in the general policy.

The regulations function is performed by means of Administrative Rules and Orders the purpose of which is to interpret the law. In other words, they are intended to state the true meaning of the law to which the Public Administration must conform. Also, the said Administrative Rule and Orders are supposed to detail and apply the law to real life cases, from the operation of departments and their relations with the public, to the obligations concerning the population.

The power to issue regulations is an act of authority. Although regulations are composed of secondary rules, i.e., they are based on laws and legal diplomas in force which cannot be contravened because they are subject to the principle of legality, the said rules are compulsory.

There are many executive functions which fall within the category of 'public administration' so I will mention just the most important ones. Firstly, the Governor is responsible for the whole of the Territory's Public Administration, managing the departments which do not have administrative and financial autonomy as well as directing independent departments.

The MOS puts special emphasis on the executive powers for managing the Territory's finances as well as defining the structures and regulating the operation of the monetary and financial markets. The reason for that is quite clear. In fact, public revenue and expenses are a 'key issue' for any government. Good economic, social and cultural policies can only be achieved with a sound management of financial resources. As regards the monetary policy, it must be assessed correctly. This is due to the fact that the Territory is able to mint its own money and the external dependency (rather obvious in this region) on international financial and monetary markets. The monetary issue is also important because it has a direct influence on the Territory's development, especially in terms of its economy.

The Public Administration is a set of public services aimed at supplying an organized, permanent and systematic response to public needs. In order to meet the said needs it must generate goods and services or create juridical and material conditions leading to this. Therefore this calls for an organized response from the Governor. As a result, the Governor must also respond to and stimulate the technical and material activities required to meet collective and individual needs provided they originate in the society.

As regards national security and public order, the Governor must also take the necessary preventive or repressive measures, namely preventing public order from being disturbed or reinstating it in the case of it having been disturbed. If he thinks fit, he can also suspend or restrict totally or partially individual freedom. However, he must seek prior advice from the Security Superior Council and the Legislative Assembly. The President of the Republic must also be given notice of the measures taken as soon as possible.

The Governor has also powers to refuse entry or to deport people, both national and foreigners, if their presence in Macau poses serious problems to national or international order.

All matters related to foreign security may be delegated to the Governor, even though the original powers lie with the President of the Republic.

The Under-Secretaries

While performing his executive functions, the Governor may have the assistance of no more than five Under-Secretaries.

Under-Secretaries are equivalent to Secretaries of State and are appointed and dismissed by the President of the Republic upon a proposal presented by the Governor. Executive powers of Under-Secretaries are those assigned to them by the Governor in an Administrative Rule. Therefore those powers may vary.

During the previous government such powers could be performed either individually or collectively by participating in the Government Cabinet. However, with the dismissal of this Cabinet the current situation is different. Nevertheless, it should be noted that sometimes the law refers to Government in a sense comprising the Governor and all the Under-secretaries. In those cases, the word "Government" cannot be equivalent to "Governor".

While performing their executive powers by means of Administrative Rules and Orders, the Governor and Under-Secretaries may issue standard procedures or perform concrete administrative acts.

Those administrative acts by the Governor and Under-Secretaries which do not constitute, change or eliminate rights of the population (collective and individual bodies both resident and established in Macau) may be revoked, amended or suspended at any time.

As regards those acts that constitute rights, they can also be revoked, amended or suspended by the respective authors on the grounds of illegality and within the legal term for submission of a contentious appeal to the relevant court or until its effective mediation takes place.

In general, the term for presenting a contentious appeal regarding final administrative and executive acts is 45 days from the date of publication, official information, notice of official enforcement or, if it is a tacit act, from the date the term in which such act should have been enforced expires.

As stated above, the Governor reports to the President in political terms and so do the Under-Secretaries. However the latter report indirectly because they do so through the Governor.

In civil and criminal terms the Governor and Under-Secretaries report to judicial courts regarding administrative actions taken during their tenure. The relevant court is Lisbon's District Court.

Decree-Law 67/87/M, dated 26th of October, introduced the Under-Secretaries' Secretariats which were to support and be directly answerable to Under-Secretaries in their executive duties.

The Security High Council

The Security High Council operates close to the Governor and is presided over by him. It is composed of all the Under-Secretaries, the Commander, Deputy-Commander and Chief of the Macau Security Forces and three other members elected by the Legislative Assembly.

Bearing in mind the likely expertise and experience that individuals may have in respect of subjects discussed thereat, Governor may invite individuals to the Security Council meetings. However guests are not entitled to vote.

The Security High Council studies the Territory's security and issues guidelines on security-related matters.

Therefore this Council deals with security-related matters and is convened by the Governor or on request from any of its members.

So far the council has done very little, therefore the forthcoming revision of the MOS should consider whether to keep, re-structure or dismiss it.

The Consultative Council

This Council also operates close to the Governor. It has an advisory nature and it is composed of five elected members, three permanent members and two Governor-appointed members respectively.

Two of the five elected members shall be appointed by the local municipalities, one by a moral, culture and welfare-related institution and the remaining two by economic-related associations.

The three permanent members shall be the Under-Secretary for Administration and Justice, the Deputy Attorney-General and the Head of the Finance Department. The Governor shall appoint the other two members from amongst the renowned and influential residents of Macau for a 4 year mandate.

Consultative Council members enjoy the same rights and benefits of those of the Legislative Assembly.

The Consultative Council is chaired by the Governor who may delegate his chairmanship to one of its members. Usually, the Governor delegates his chairmanship to the Under-Secretary for Administration and Justice.

The Consultative Council operates on a permanent basis and gives the Governor advice. However the latter is free to adopt the said advice or not. The importance of this Council lies in the technical value and political and moral merit arising from its function. The reputation and uprightness of its members also play an important role in the integrity of the Council.

Whenever the Governor seeks its advice, the Consultative Council has the power to advise on general or specific matters of Government and Administration. In general, these comprise political or administrative matters.

However, no final deliberations or resolutions can be taken on some issues unless the Consultative Council gives its advice. The issues below call for the advice of this Council:

a) Bills presented to the Legislative Assembly by the Government;

b) Draft-decrees to be published by the Government;

c) Regulations governing the enforcement of legal documents;

d) Proposals for economic development plans and the definition of Government guidelines in respect of economic, social and financial projects;

e) Refusing entrance and expelling people whose presence is highly inconvenient for the Territory for national and international reasons.

The Consultative Council shall also approve its own rules and regulations, check on the disqualification of its members and resolve on their dismissal. As regards disqualification, the law states that no member shall be allowed to perform his duties nor remain in the room where a meeting is taking place, if the Council is to discuss a matter in which a member is an interested party or represents an interested party, his spouse, relative or next of kin.

Members of the Consultative Council shall not be members of the Legislative Assembly.

Pursuant to Article 46 of the Consultative Council rules and regulations, its members have the duty to look after the smooth running of the Territory.

Although the Consultative Council meetings are not public, Under-Secretaries, the Commander of the Security Forces and any Government-appointed civil servant may attend those meetings but they are not entitled to vote.

Therefore, the Consultative Council reflects, studies and gives the Governor advice on matters important to the Government and the Territory's Administration.

This Council is very useful because it acts as a 'filter' for the government system. It may raise problems that might have been left undetected or even if they have been detected, it may analyse them more thoroughly.

The Council counts on the support of a separate secretariat.

Other Bodies and Services Supporting the Governor

The Governor of Macau is supported directly by other bodies and services. In general the former have an advisory nature and their findings are not binding. The services supporting the Governor deal mostly with bureaucratic, technical-legal and managerial matters. Pursuant to paragraph i of Article 1 of Decree-Law 67/87/M, dated 26th of October, the Governor's Secretariat is aimed at supporting directly the Governor in his legislative and executive functions. It also reports directly to the Governor.

Both Lisbon's Macau Office and the Macau Mission give the Governor support. Whereas the former reports to the Government of Portugal, the reporting duties of the latter are not clearly defined.

Later, more details will be given in respect of these organs and the public department with which they are connected. Such is the case of the General Council of the Cultural Institute of Macau and the Education Council which we will be examining in our analysis of cultural and educational services respectively.

Next time we will refer to the general duties of some of those supporting bodies, the Social Conciliation Council, the Social Welfare Council and the Gambling Coordinating Committee.

The recently formed and established Social Conciliation Council is composed of representatives of the Governor, workers and employers. It tries to conciliate their interests and its functions are as follows:

a) to give advice, make proposals or recommendations regarding the preparation and execution of restructuring policies and the Territory's socio-economic development;

b) to make proposals for the regular functioning of the Territory's economy;

c) to give advice on legislation involving socio-economic issues.

The Social Welfare Council gives the Governor advice on the definition of and follow-up to social welfare policy which should be aimed at protecting the under-privileged.

The Gambling Coordinating Committee helps the Governor in gambling-related matters.

*Law graduate