The Legislative Assembly (AL) unanimously passed the outline of a government-initiated bill yesterday proposing that members of the Chief Executive Election Committee will also be required to take an oath when taking office.
The bill proposes amendments to the current law regulating the oath-taking of those in the executive, legislative and judicial organs of the Macau Special Administrative Region (MSAR).
Secretary for Administration and Justice André Cheong Weng Chon introduced the outline of the bill during a plenary session in the legislature’s hemicycle yesterday.
After yesterday’s passage of its outline, the bill will be passed to one of the legislature’s standing committees for an article-by-article review, after which it will be resubmitted to another plenary session for its second and final debate and article-by-article vote.
The current oath-taking law came into force on December 20, 1999 when the MSAR was established. The law was last amended in 2001.
In compliance with the MSAR Basic Law, Macau’s oath-taking law currently covers the chief executive, principal officials, the president of the Legislative Assembly, the president of the Court of Final Appeal (TUI), the public prosecutor-general, members of the government’s top advisory Executive Council, legislators, judges, and prosecutors.
According to the amended version of the MSAR’s national security law, which took effect on May 30 last year, members of the Chief Executive Election Committee, which elects the MSAR chief executive, as well as all public servants are also required to take an oath when taking office.
During yesterday’s plenary session, Cheong said that in compliance with the newly added provisions concerning oaths of office listed in the amended local national security law, the local government has drafted the bill amending the current oath-taking law, after studying and referencing the respective regulations in neighbouring regions while taking Macau’s real situation into account.
Cheong underlined that the amendment bill aims to ensure the full implementation of the “patriots governing Macau” principle, enabling the MSAR government to fully fulfil its constitutional responsibility.
Cheong said that the amendment bill proposes that in addition to the members of the MSAR’s organs currently covered by oath-taking requirements, members of the Chief Executive Election Committee will also be required to take an oath of office.
However, Cheong said, the amendment bill proposes that the committee’s members will only be required to take their oaths by signing a declaration.
All those covered by the oath-taking law’s current version are required to take their oaths of office at a ceremony.
Cheong noted that it would be unfeasible to require members of the Chief Executive Election Committee to take their oaths in person publicly, i.e., at a ceremony, because the committee comprises 400 members. Consequently, Cheong said, the government proposes in the bill that the committee’s members will be required to take their oaths merely by signing a declaration, after referencing Hong Kong’s respective rules.
The amendment bill, the outline of which was passed yesterday, does not cover public servants’ oath-taking requirements.
Cheong also pointed out that according to the amended local national security law, public servants are also required to take an oath of office, because of which the government will draft new legislation in the future proposing that public servants will be required to take their oaths also merely by signing a declaration, considering the large number of public servants – around 34,000, according to official statistics.
Refusal to take oath
Those covered by the oath-taking law’s current version who refuse to take an oath of office shall be disqualified from taking office.
According to Cheong, the amendment bill proposes that when taking an oath of office, those who intentionally read words that do not comply with their oath’s respective terms, or sign a declaration in which the terms of oath have been tampered with, will be regarded as refusing to take the oath.
In addition, Cheong said, the amendment bill also proposes that those who take their oaths in a way that is insincere or unsolemn will also be regarded as refusing to take the oath.
The amendment bill proposes that those who are disqualified from taking office after refusing to take an oath of office, or being regarded as refusing to take an oath under the newly proposed circumstances, will not be allowed to take an oath again.
According to the MSAR Basic Law, the chief executive, principal officials, the Legislative Assembly’s president, the Court of Final Appeal’s president, and the public prosecutor-general must uphold the MSAR Basic Law and bear allegiance to the People’s Republic of China (PRC) and the MSAR, and take an oath accordingly.
Members of the Executive Council, lawmakers, judges, and prosecutors must uphold the MSAR Basic Law and bear allegiance to the MSAR, and take an oath accordingly, according to the MSAR Basic Law.
Secretary for Administration and Justice André Cheong Weng Chon addresses yesterday’s plenary session in the Legislative Assembly’s (AL) hemicycle. – Photo courtesy of TDM
