MACAO SPECIAL ADMINISTRATIVE REGION
Administrative Bylaw No. 3/2009
Organisation and Operation of
the Service of the Commission against Corruption
Pursuant to Item (5) Article 50 of the Basic Law of the Macao Special Administrative Region and Clause 1 Article 42 of Law no. 10/2000, and with reference to the opinions of the Executive Council, the Chief Executive hereby enacts this administrative bylaw.
CHAPTER I
Nature and Operation
Article 1
Nature and Aim
1. It shall be the aim of the Service of the Commission against Corruption (hereinafter referred to as the SC) to technically and administratively assist the Commission against Corruption (hereinafter referred to as the Commission) in fulfilling the missions provided for in the Commission's organic law.
2. The SC shall have autonomy in its functional, administrative, financial and assets-related affairs.
Article 2
Principles of Operation
1. Actions and measures in the Commission's terms of reference shall to be taken by the Commissioner against Corruption (hereinafter referred to as the Commissioner) or the Deputy Commissioners as well as the SC's staff in exercising their designated authorities.
2. The Commission may, under exceptional circumstances, enter into contracts with public or private entities to launch training programmes, conduct non-regular technical research and work.
3. Pursuant to the cooperative obligation under Clause 1 Article 6 of Law No. 10/2000, the entities referred to in the Clause shall keep the Commission informed of any criminal offences or misconducts known to them that are within the Commission's terms of reference, as well as the final decisions taken as the result of pursuing related procedures, without prejudice to the continuation of the legal proceedings.
4. Where necessary, the Commission may monitor any criminal or disciplinary proceedings pursued by the other competent entities.
5. For preventive purposes, the Commissioner may publicize any criminal or disciplinary proceedings pursued against the illegal actions pertaining to the Commission's terms of reference, and disclose any facts that are conducive to fulfilling the Commissioner's missions, without prejudice to the applicability of Article 20 of Law No. 10/2000.
6. Different views on any administrative actions taken by the Commissioner may be presented to the Commissioner; so may any appeal against the administrative actions taken by Deputy Commissioners and staff of the SC.
CHAPTER II
Organization
Article 3
Service of Commission against Corruption
1. The SC shall be directed by the Commissioner, who may delegate authority to Deputy Commissioners, or, by virtue of this administrative bylaw, to the Chiefs of the SC and the Advisers.
2. As the institutional leader of the SC, the Commissioner shall be responsible for:
1) Defining the SC's work policies as well as its internal rules of operation;
2) Arranging for the preparation of the Commission's budget as well as its annual report.
Article 4
Organizational Structure
The SC shall consist of:
1) The Cabinet of the Commissioner
2) The Anti-Corruption Bureau
3) The Ombudsman Bureau
Article 5
Cabinet of Commissioner against Corruption
1. The Cabinet of the Commissioner shall be the entity which directly facilitates the functioning of the Commissioner.
2. The Cabinet of the Commissioner shall be composed of the following staff:
1) The Chief of the Cabinet;
2) Advisers;
3) Personal Secretaries and the Office Assistant.
3. Subsidiaries of the Cabinet of the Commissioner shall include the General Affairs Department and the Community Relations Department.
Article 6
Chief of Cabinet
The Chief of the Cabinet shall be responsible for coordinating the management of human and financial resources of the SC; managing the Cabinet and its subsidiaries; assigning work to the Cabinet's staff and supervising such work in accordance with the Commissioner's instructions, as well as fulfilling other such tasks as may be assigned by the Commissioner.
Article 7
Advisers
Advisers shall be responsible for providing professional technical support to the SC and performing duties in accordance with the instructions received from the Commissioner or through the Chief of the Cabinet.
Article 8
Personal Secretaries and Assistant to the Cabinet
1. Personal Secretaries shall be responsible for the following work in accordance with the instructions received from the Commissioner or through the Chief of the Cabinet:
1) Handling paperwork and correspondence to and from the Cabinet, as well as ensuring their security and proper archiving;
2) Arranging for meetings with the Commissioner and arranging the Commissioner's schedule;
3) Fulfilling such other tasks as may be assigned by the Commissioner or the Chief of the cabinet.
2. The Assistant to the Cabinet shall be responsible for fulfilling tasks assigned by the Commissioner.
Article 9
General Affairs Department
1. The General Affairs Department shall be responsible mainly for facilitating the SC's management of finance, assets and human resources; improving the Commission's operation by using information technology, as well as conducting research and training programmes.
2. The General Affairs Department shall consist of the Administration and Finance Division, the Information Division and the Research and Organization Unit.
Article 10
Administration and Finance Division
The Administration and Finance Division shall be responsible mainly for:
1) Preparing the budget of the SC, the budget's revisions and amendments, as well as ensuring the budget's implementation;
2) Compiling the annual managerial accounting statement and the related reports;
3) Managing the accounting system in accordance with the current laws;
4) Maintaining proper cash flows by managing income and expenditure;
5) Ensuring supplies and logistical management as well as handling paper work for obtaining goods and services;
6) Ensuring proper preservation, security and maintenance of properties, equipment and vehicles in assets management;
7) Ensuring proper processing of general paperwork, maintaining archives, and continuously organising and updating of the general archives;
8) Ensuring human resources management as well as maintaining continuous updating of managerial database and files.
Article 11
Treasury
1. The Treasurer, appointed from the staff of the Administration and Finance Division by the Commissioner, shall be in charge of the Treasury's operation.
2. The Treasurer shall have no obligation to provide guaranty, but has the right to receive miscount allowance.
3. When the position of the Treasurer becomes vacant or the Treasurer is prevented from attending office due to impediment, the office shall be attended by a deputy appointed by the Commissioner.
4. The Commissioner may issue a directive to set up a permanent fund by virtue of Article 25 of Administrative Bylaw No. 6/2006, to pay expenses which do not allow delay. The fund shall be managed by the Treasurer or his or her deputy.
5. Cheques or other instruments of cash receipt or capital appropriation shall be signed by the Commissioner or the Chief of the Cabinet in conjunction with the Treasurer.
Article 12
Information Division
The Information Division shall be responsible mainly for:
1) Implementing the Commission's IT programmes;
2) Acquiring, managing and maintaining IT equipment and oversee that the IT systems function properly and are used correctly;
3) Planning, producing and maintaining utility software and databases for the Commission and ensuring their proper and secure operation;
4) Providing IT support for the Commission's operation;
5) Promoting and planning the use of new IT in order to enhance the modernisation and efficiency of the Commission's administrative mechanism;
6) Conducting studies on, implementing as well as maintaining the Commission's information security mechanisms.
Article 13
Research and Organization Unit
The Research and Organization Unit shall be responsible mainly for:
1) Implementing any research projects assigned by the Commissioner, especially those on organizational and operational mechanisms of the Commission's foreign counterparts;
2) Engaging in the preparation of the Commission's work plan and report;
3) Conducting training programmes;
4) Identifying and recommending intra-commission paperwork processing solutions and standardizing the Commission's printed materials;
5) Ensuring the fulfilment of the Commission's translation projects;
6) Managing the Commission's Documentation Centre.
Article 14
Community Relations Department
1. The Community Relations Department shall be responsible mainly for ensuring the Commission's connections with the general public, conducting activities aimed at instilling a consensus on curbing and preventing corruption and administrative illegality in the community at large, and handling activities that concern the Commission as well as information that is conducive to fulfilling the duties of the Commission.
2. The Community Relations Department shall consist of the Education and Dissemination Division and the Community Promotion and Public Relations Division.
Article 15
Education and Dissemination Division
The Education and Dissemination Division shall be responsible mainly for:
1) Preparing and promoting publications in the interest of the citizens;
2) Conducting publicity and citizen education activities in order to curb and prevent corruption and administrative illegality;
3) Implementing measures that are aimed at preventing corruption and administrative illegality, in order to enhance fairness, justice and transparency in public administration.
Article 16
Community Promotion and Public Relations Division
The Community Promotion and Public Relations Division shall be responsible mainly for:
1) Coordinating and implementing the community promotion programmes and related work conducted by the Commission's Branch Offices;
2) Building closer connections with citizens of various communities, associations and other organizations by means of the Commission's Branch Offices, with a view to enabling them to be more familiar with the Commission's duties and responsibilities, and fostering their spontaneous support for the Commission's anti-corruption and ombudsman roles;
3) Receiving citizens' visitation and providing them with the requested information;
4) Collecting, analyzing, handling, archiving and promoting information provided by the media concerning the Commission's work, and information that is conducive to the fulfilment of the Commission's duties and responsibilities;
5) Ensuring connections with the media, preparing and promoting information to be released to the public, and providing assistance to the media in accordance with the Commissioner's instruction.
Article 17
Anti-Corruption Bureau
1. The Anti-Corruption Bureau shall be responsible for conducting investigation into and surveillance on crimes and actions and other work pertaining to the Commission's terms of reference, as well as managing and handling the income and property declaration procedures provided for in Law No. 11/2003.
2. Cases that involve both criminal and administrative offences shall be handled by the Director of the Anti-Corruption Bureau in coordination with the Ombudsman Bureau.
3. The Anti-Corruption Bureau shall be headed by the Director, whose office shall of course be assumed by a Deputy Commissioner. The Director has the authority to decide whether the Bureau's staff's absences are reasonable or not, as well as to approve applications for annual-leave taking or transferring the remaining leave to the following year.
4. The Anti-Corruption Bureau shall be composed of Investigation Department 1, Investigation Department 2, and a Technical Support Department. It shall also have a Financial Investigation and Information Division and the Intelligence Division, which are directly subordinate to the Director.
Article 18
Investigation Departments 1 and 2
1. Investigation Departments 1 and 2 shall be responsible for conducting investigation into the signs and leads of crimes and actions that pertain to the Commission's terms of reference.
2. If the investigation into the crimes and actions referred to in Clause 1 of the preceding Article is complex in nature, or the subject of investigation involves other criminal deeds, the investigation shall be undertaken by Investigation Department 1.
3. If the procedures of investigation into crimes and actions referred to in Clause 1 of the preceding Article are relatively simple and less time-consuming, the investigation shall be undertaken by Investigation Department 2.
4. Investigation Department 2 shall also be responsible for:
1) Ensuring proper connections with entities outside Macao that are conducive to the fulfilling of duties by the Anti-Corruption Bureau, as well as providing assistance to the investigation conducted by such entities;
2) Coordinating any work pertaining to witness protection;
3) Curbing and preventing, as far as the Commission's terms of reference allow, instances of embezzlement and fraud occurring in voter registration and elections held to produce institutions of the Macao Special Administrative Region.
5. Each of the Investigation Departments shall be headed by the General Investigation Officer, whose position is equivalent to that of a Department Head.
6. The Investigation Department may set up its investigation teams in order to discharge its duties.
Article 19
Technical Support Department
1. The Technical Support Department shall be mainly responsible for:
1) Gathering intelligence needed for fulfilling the Anti-Corruption Bureau's duties;
2) Safekeeping weapons, ammunition and devices for protection and escort;
3) Providing technical support to investigators and detectives of the Commission in the course of their work;
4) Safekeeping evidences;
5) Providing assistance to the Commission in conducting internal investigations;
6) Taking complaints and reports;
7) Ensuring the safekeeping and processing of documentary files;
8) Managing and handling the income and property declaration procedures provided for in Law No. 11/2003.
2. The Technical Support Department shall be headed by the General Investigation Officer, whose position is equivalent to that of department head.
3. The Technical Support Department may set up its investigation teams in order to discharge its duties.
Article 20
Financial Investigation and Information Division
1. The Financial Investigation and Information Division shall be responsible mainly for:
1) Providing informatics assistance as required by the Commission in conducting investigation and surveillance;
2) Researching on, analyzing and executing financial investigations required by the Anti-Corruption Bureau in fulfilling its duties;
2. The Financial Investigation and Information Division may set up investigation teams in order to discharge its duties.
Article 21
Intelligence Division
1. The Intelligence Division shall be mainly responsible for:
1) Gathering and analyzing intelligence as well as undertaking follow-up research;
2) Providing assistance and information to the Commission in preventing and investigating into crimes pertaining to its terms of reference provided for in Law No. 10/2000;
2. The Intelligence Division may set up investigation teams in order to discharge its duties.
Article 22
Ombudsman Bureau
1. The Ombudsman Bureau is responsible for analyzing and processing complaints against administrative illegalities, conducting research on and making recommendations about streamlining administrative procedures and improving government agencies' operation, as well as conducting research on and analysis of the measures that help prevent and curb administrative illegalities and embezzlement and frauds committed by civil servants.
2. Cases that involve both criminal and administrative offences shall be handled by the Director of the Ombudsman Bureau in coordination with the Anti-Corruption Bureau.
3. The Ombudsman Bureau shall be headed by the Director, whose office shall of course be assumed by a Deputy Commissioner. The Director has the authority to decide whether the Bureau's staff's absences are reasonable or not, as well as to approve applications for annual-leave taking or transferring the remaining leave to the following year.
4. The Ombudsman Bureau shall consist of the Administrative Complaints Investigation Department, the Inspection Department and the Technical Examination Committee.
Article 23
Administrative Complaints Investigation Department
1. The Administrative Complaints Investigation Department shall be responsible mainly for:
1) Taking complaints and reports concerning any alleged illegalities or improprieties in administrative actions or procedures and giving opinions on tackling them;
2) Investigating into and gathering evidences of administrative illegalities and injustice, or requiring that the competent government agencies do so;
3) Contacting the alleged agencies via informal channels in order for the illegal or unjust administrative actions or procedures to be corrected as soon as possible, or the alleged party's operation improved so as to ensure fairness and transparency of public administration;
4) Proposing that the Commissioner give recommendations to the agency or entity in charge of the alleged party, so as to urge it to correct its illegal or unjust administrative action or procedure; giving advice on measures to be taken to improve the administrative procedures, regimes or regulations, based on the investigation findings or procedural analysis of a case;
5) Asking the Commissioner to report those allegations of illegal action or procedures that have been verified as true to the entities responsible for taking disciplinary actions or initiating judicial proceedings on them;
6) Where necessary, observing any proceedings initiated by the entities responsible for taking disciplinary actions;
7) Fulfilling the duties assigned by the Commissioner pursuant to exercising the statutory powers of the Commission.
2. The Administrative Complaints Investigation Department shall be headed by the General Investigation Officer, whose position is equivalent to that of a department head.
3. The Administrative Complaints Investigation Department may set up its investigation teams in order to discharge its duties.
Article 24
Inspection Department
1. The Inspection Department shall be responsible mainly for:
1) Conducting research on approaches to simplifying administrative procedures as well as measures that are conducive to preventing and curbing administrative illegalities, corruption and frauds committed by civil servants;
2) Monitoring administrative legality and correctness of actions involving interests;
3) Preparing opinions and research reports where necessary within the Commission's terms of reference as well as delivering them to the respective government agencies, or releasing them through the Commission's Divisions;
4) Cooperating with various government agencies in formulating guidelines and conducting lectures in order to improve the agencies' operations, operational transparency and thereby reducing their probability of corruption;
5) Conducting research on the legality of such rules as are likely to infringe on people's rights, freedoms, security or legitimate interests;
6) Identifying shortcomings in existing laws and offering recommendations on their interpretation, amendment or repeal, or making proposals on making new laws;
7) Proposing that the Commissioner recommend that the Chief Executive take regulatory actions in order to improve government agencies' operations and their conformity to administrative legality, especially to eliminate factors which may facilitate corruption, illegal or ethically reproachable practice;
8) Fulfilling the duties assigned by the Commissioner in order to exercise the statutory powers of the Commission.
2. The Inspection Department may seek cooperation with competent entities or agencies in performing its duties in order to secure the best solutions.
3. The Inspection Department shall be headed by the General Investigation Officer, whose position is equivalent to that of a Department Head.
4. The Inspection Department may set up its working groups to fulfil its duties.
Article 25
Technical Examination Committee
1. The Technical Examination Committee shall be responsible for giving opinions on the complaints and reports processed by the Ombudsman Bureau, as well as on the legal issues derived from the studies of operational mechanisms of administrative agencies and the analyses of various laws and regulations by the Ombudsman Bureau.
2. The Technical Examination Committee shall consist of the Director of the Ombudsman Bureau, the legal advisers appointed to assist the Director of the Ombudsman Bureau, the chief investigation officer of the Administrative Complaints Investigation Department, the chief investigation officer of the Inspection Department and a maximum of four staff members of the Ombudsman Bureau. The meeting of the Technical Examination Committee shall be convened and chaired by the Director of Ombudsman Bureau.
3. Opinions of the Technical Examination Committee shall not be binding. However, if the Director of the Ombudsman Bureau does not adopt them, reasons shall be given for the decision.
4. Members of the Technical Examination Committee shall actively attend the meetings of the committee and express their views on the issues discussed, except those on urgent duties, on annual leave or absent for legitimate reasons or must not attend.
5. Members of the Technical Examination Committee shall be of a rank not lower than senior investigation officer, who have served the Bureau for at least five years. If more than four staff qualify, priority shall be given to those who work in higher positions and have served the Bureau for longer time.
CHAPTER III
Management of Finance and Assets
Article 26
Financial System
The financial system adopted by the SC shall be equivalent to that of autonomous entities.
Article 27
Income
1. The SC shall have its income from:
1) The appropriations provided for in the Budget of the Macao Special Administrative Region;
2) The accumulated annual balances of its managerial account;
3) The interests accrued on its available funds;
4) Proceeds from its assets transfer;
5) Other income provided for in the law.
2. The SC shall not turn its working capital into principal without the approval of the Chief Executive.
Article 28
Expenditure
1. Expenditure of the SC shall include:
1) Operational costs, especially expenses on staff remuneration, acquisition of goods and services, transfer and other regular and capital expenses;
2) The monthly contributions to Pension Fund, Social Security Fund or pension scheme, provident fund scheme or social security scheme of other welfare institutions paid by the authorities or the Macao Special Administrative Region.
2. The expenditure that the Commissioner has the authority to approve shall be allotted by the directive of the Chief Executive published in the Official Gazette of the Macao Special Administrative Region.
Article 29
Assets System
The Commission's assets shall be composed of the properties, rights and interests it acquires for or from discharging of its duties.
CHAPTER IV
Personnel
Article 30
System
1. This administrative bylaw shall apply to the SC's personnel, in addition to the general rules of civil service that apply.
2. The judiciary magistrates of the court or the Public Prosecutions Office and staff of judiciary agencies may, regardless of their positions, choose a remuneration system for themselves by virtue of the current laws, without prejudice to the applicability of the preceding Clause.
3. The provisions concerning the assessment consultative committee in the general system of work performance assessment are not applicable to investigators, without prejudice to their right to raise objection and lodge an appeal.
Article 31
General Rules
1. The general rules and the employment system that apply to the staff of the Cabinet of the Commissioner, except that which apply to the staff of its subsidiary units, shall be equivalent to those applicable to staff of the Offices for the Secretaries.
2. Other staff in assisting roles of the SC on temporary employment as provided for in Article 32 of Law No. 10/2000 may receive additional remuneration to a maximum amount of 30% of their basic salary as may be stipulated with a directive by the Commissioner, barring other allowances or pay for overtime work. However, this Clause is not applicable to the Chiefs.
3. The staff of the SC shall not engage in any other public or private service, whether or not the said services be with pay or not, except in teaching, academic research or vocational training related to their official roles but without conflict in terms of time, and with prior approval of the Commissioner.
Article 32
Service Systems
1. The staff referred to in the preceding Article shall function by appointment under the general employment system, without prejudice to the applicability of Article 30 of Law No. 10/2000.
2. The years of service of Judiciary magistrates appointed under the definitive appointment scheme who serve with the Commission by regular appointment shall be counted as extension of their years of service in their original rank, for the purposes of computing their current retirement entitlement.
3. Civil servants or service personnel of the administrative agencies of the Macao Special Administrative Region may work with the Commission by regular appointment, requisition or dispatch.
4. Personnel working for the SC by requisition or dispatch shall not be subject to the term limit stipulated in Articles 33 and 34 of General Rules for Macao's Personnel of Public Administration approved by Decree-Law No. 87/89/M of 21st December.
Article 33
Personnel in Retirement
Personnel in retirement, if retained in service by the Commission, shall be subject to the remuneration system provided for in the general system of civil service, without prejudice to the applicability of Clause 3 of Article 31.
Article 34
Personnel Allocation
Personnel allocation of the SC is provided for in Appendix I, which is a part of this administrative bylaw. The Chief Executive may modify the allocation by issuing an administrative directive based on the proposal of the Commissioner.
CHAPTER 5
Concluding and Transitional Provisions
Article 35
Alternative Systems
The Commissioner, the Deputy Commissioners and other personnel who are judiciary magistrates may opt for the general rules that are applicable to their ranks by the current law, without prejudice to the applicability of Law no. 10/2000.
Article 36
Substitute Photocopies and Certificates
For the purposes of archiving, the Commissioner may mandate the making and use of photocopies or microfilms of documents as the substitutes of the original documents. The photocopies or microfilms shall have the effect of the originals when duly notarized.
Article 37
Logo
The logo of the Commission is as indicated in Appendix II, which is a part of this administrative bylaw.
Article 38
Identity Card
The names and styles of the identity cards provided for in Article 35 of Law No. 10/2000 are indicated in Appendix III, which is a part of this administrative bylaw. The Chief Executive may have them modified by an administrative directive based on the Commissioner's recommendation.
Article 39
Personnel Transfer
The personnel of the Commission, whatever their service schemes may be, shall assume their corresponding positions under the new structure, with the legal status of their positions unchanged.
Article 40
Budget Implementation
The Chief Executive's authority over the SC's budget implementation shall be exercised by the Commissioner.
Article 41
Repeal
Administrative bylaw no. 31/2000 as amended by Administrative bylaw no. 13/2005 is hereby repealed.
Article 42
Effect
This administrative bylaw, adopted on 22nd January 2009, shall become effective on the following day of the date of its promulgation.
It is hereby ordered that this bylaw be promulgated.
Ho Hau Wah
The Chief Executive
(The English version of this law is provided for reference only. Only the Chinese and Portuguese versions published in the Official Gazette of the Macao SAR are official.)
