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中华人民共和国澳门特别行政区基本法(二)

2009-03-24 法律英语 来源:互联网 作者:

  Section 4 The Judiciary

  Article 82 The courts of the Macao Special Administrative Region shall exercise the judicial power.

  Article 83 The courts of the Macao Special Administrative Region shall exercise judicial power independently. They shall be subordinated to nothing but law and shall not be subject to any interference.

  Article 84 The primary courts, intermediate courts and Court of Final Appeal shall be established in the Macao Special Administrative Region.

  The power of final adjudication of the Macao Special Administrative Region shall be vested in the Court of Final Appeal of the Region.

  The structure, powers and functions as well as operation of the courts of the Macao Special Administrative Region shall be prescribed by law.

  Article 85 The primary courts of the Macao Special Administrative Region may, when necessary, establish special courts.

  The previous system concerning criminal prosecution shall be maintained.

  Article 86 An administrative court shall be established in the Macao Special Administrative Region. It is the court which shall have jurisdiction over administrative and tax cases. If a party refuses to accept a judgment by the administrative court, he or she shall have the right to file an appeal with an intermediate court.

  Article 87 Judges of the courts of the Macao Special Administrative Region at all levels shall be appointed by the Chief Executive on the recommendation of an independent commission composed of local judges, lawyers and eminent persons. Judges shall be chosen on the basis of their professional qualifications. Qualified judges of foreign nationality may also be employed.

  A judge may only be removed for inability to discharge his or her functions, or for behavior incompatible with his or her post, by the Chief Executive on the recommendation of a tribunal appointed by the President of the Court of Final Appeal and consisting of not fewer than three local judges.

  The removal of the judges of the Court of Final Appeal shall be decided on by the Chief Executive upon the recommendation of a review committee consisting of members of the Legislative Council of the Macao Special Administrative Region.

  The appointment and removal of the judges of the Court of Final Appeal shall be reported to the Standing Committee of the National People's Congress for the record.

  Article 88 The presidents of courts of the Macao Special Administrative Region at all levels shall be chosen from among judges and appointed by the Chief Executive.

  The President of the Court of Final Appeal of the Macao Special Administrative Region shall be a Chinese citizen who is a permanent resident of the Region.

  The appointment and removal of the President of the Court of Final Appeal shall be reported to the Standing Committee of the National People's Congress for the record.

  Article 89 The judges of the Macao Special Administrative Region shall exercise judicial power according to law, instead of according to any order or instruction, except in the situation as prescribed in paragraph 3 of Article 19 of this Law.

  Judges shall be immune from legal action for discharging his or her judicial functions.

  During the term of his or her office, a judge shall not concurrently assume other public or private posts, nor shall he or she assume any post in organizations of a political nature.

  Article 90 The procuratorates of the Macao Special Administrative Region shall exercise procuratorial functions as vested by law, independently and free from any interference.

  The Procurator-General of the Macao Special Administrative Region shall be a Chinese citizen who is a permanent resident of the Region, shall be nominated by the Chief Executive and appointed by the Central People's Government.

  Procurators shall be nomina

ted by the Procurator-General and appointed by the Chief Executive.

  The structure, powers and functions as well as operation of the procuratorates shall be prescribed by law.

  Article 91 The system previously in force in Macao for appointment and removal of supporting members of the judiciary shall be maintained.

  Article 92 On the basis of the system previously operating in Macao, the Government of the Macao Special Administrative Region may make provisions for local lawyers and lawyers from outside Macao to practise in the Region.

  Article 93 The Macao Special Administrative Region may, through consultations and in accordance with law, maintain judicial relations with the judicial organs of other parts of the country, and they may render assistance to each other.

  Article 94 With the assistance or authorization of the Central People's Government, the Macao Special Administrative Region may make appropriate arrangements with foreign states for reciprocal judicial assistance.

  Section 5 Municipal Organs

  Article 95 Municipal organizations which are not organs of political power may be established in the Macao Special Administrative Region. Entrusted by the government of the Region, they shall provide services in such fields as culture, recreation and environmental sanitation, and shall be consulted by the government of the Region on the above-mentioned affairs.

  Article 96 The functions, powers and structure of the municipal organizations shall be prescribed by law.

  Section 6 Public Servants

  Article 97 Public servants serving in the Macao Special Administrative Region must be permanent residents of the Region, except for those as prescribed by Articles 98 and 99 of this Law and except for technical personnel of certain professions and junior public servants recruited by the Government of the Macao Special Administrative Region.

  Article 98 Upon the establishment of the Macao Special Administrative Region, public servants including the police and supporting members of the judiciary previously serving in Macao may all remain in employment, continue service and retain their seniority with pay, allowances, benefits and conditions of service no less favour able than before.

  The Government of the Macao Special Administrative Region shall pay to the above-mentioned public servants who are entitled to pensions and allowances under the laws previously in force in Macao and who remain in employment and retire after the establishment of the Macao Special Administrative Region, or to their dependents, all pensions and allowances due to them on terms no less favour able than before, and irrespective of their nationality or place of residence.

  Article 99 The Government of the Macao Special Administrative Region may employ Portuguese and other foreign nationals previously serving in the public service in Macao, or those holding permanent identity cards of the Region, to serve as public servants in government departments at all levels, unless otherwise provided by this Law.

  The relevant government departments of the Macao Special Administrative Region may also employ Portuguese and other foreign nationals as advisers or to fill professional and technical posts.

  These individuals shall be employed only in their individual capacities and shall be responsible to the Government of the Macao Special Administrative Region.

  Article 100 The appointment and promotion of public servants shall be on the basis of their qualifications, experience and ability. Macao's previous system of employment, discipline, advanced and regular promotion may basically remain unchanged, but may be improved along with the development of the Macao society.

  Section 7 Swearing Allegiance

  Article 101 The Chief Executive, principal officials, members of the Executive Council and of the Legislative Council, j

udges and procurators in the Macao Special Administrative Region must uphold the Basic Law of the Macao Special Administrative Region of the People's Republic of China, devote themselves to their duties, be honest in performing official duties, swear allegiance to the Macao Special Administrative Region and take an oath to this effect in accordance with law.

  Article 102 When assuming office, the Chief Executive, principal officials, President of the Court of Final Appeal and Procurator-General of the Macao Special Administrative Region must swear allegiance to the People's Republic of China, apart from taking the oath under Article 101.

  Chapter V Economy

  Article 103 The Macao Special Administrative Region shall, in accordance with law, protect the right of individuals and legal persons to the acquisition, use, disposal and inheritance of property and their right to compensation for lawful deprivation of their property.

  Such compensation shall correspond to the real value of the property concerned at the time and shall be freely convertible and paid without undue delay.

  The ownership of enterprises and the investments from outside the Region shall be protected by Law.

  Article 104 The Macao Special Administrative Region shall have independent finances.

  All the financial revenues of the Macao Special Administrative Region shall be managed and controlled by the Region itself and shall not be handed over to the Central People's Government.

  The Central People's Government shall not levy taxes in the Macao Special Administrative Region.

  Article 105 The Macao Special Administrative Region shall follow the principle of keeping expenditure within the limits of revenues in drawing up its budget, and strive to ac

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