Commission Against Corruption, Macao SAR

Article 1

Nature and purposes

1. 1. The Service of the Commission Against Corruption, hereinafter abbreviated as the SC, aims to provide the technical and administrative support necessary to carry out the duties of the Commission Against Corruption defined in its organic law.
2. 2. The SC enjoys autonomy in terms of functions, administration, finance and assets.

Article 2

Principles of operation

1. 1. The acts and measures within the scope of activity of the Commission Against Corruption are carried out by the Commissioner Against Corruption or by the deputies or personnel of the SC, in the exercise of the powers delegated to them.
2. 2. The Commission Against Corruption may, in exceptional cases, enter into contracts with public or private entities to carry out training activities, studies and work of technical and occasional nature.
3. 3. Without prejudice to the provisions of Article 20 of Law no. 10/2000 (Commission Against Corruption of the Macao Special Administrative Region), the Commissioner Against Corruption may publicise, with preventive purposes, convictions in criminal or disciplinary proceedings for infractions within the scope of powers, as well as any other facts that he considers to be in the interests of carrying out the duties of the Commission Against Corruption.
4. 4. Administrative acts carried out by the Commissioner Against Corruption may always be the subject of a complaint and, as regards those carried out by the deputies and the personnel of the SC, the necessary hierarchical appeal may always be made to the Commissioner Against Corruption.

Article 3

Service of the Commission Against Corruption

1. 1. The SC is headed by the Commissioner Against Corruption, who is responsible, in particular, for:
   1. 1) Defining the guiding principles of action and operating rules of the SC;
   2. 2) Arranging the preparation for the budget and annual report on the activities of the Commission Against Corruption;
   3. 3) Exercising other functions and powers conferred by law.
2. 2. The Commissioner Against Corruption may delegate his powers to the deputies or, as regards those provided for in this administrative regulation, to the directors and chiefs and the advisers.

Article 4

Organisation structure

1. 1. The SC comprises the following units:
   1. 1) Cabinet of the Commissioner Against Corruption;
   2. 2) Anti-Corruption Bureau;
   3. 3) Ombudsman Bureau.
2. 2. The SC also comprises the Intelligence Division, which operates directly under the Commissioner Against Corruption.

Article 5

Cabinet of the Commissioner Against Corruption

1. 1. The Cabinet of the Commissioner Against Corruption is a structure that provides personal and direct support for the exercise of the functions of the Commissioner Against Corruption.
2. 2. The Cabinet of the Commissioner Against Corruption is responsible for:
   1. 1) Carrying out study projects determined by the Commissioner Against Corruption, especially the projects related to organisation and operation of the anti-corruption and ombudsman services established outside the Macao Special Administrative Region (hereinafter referred to as the “Macao SAR”);
   2. 2) Coordinating the external relations of the Commission Against Corruption within its scope of activity and powers;
   3. 3) Ensuring the translation work of the Commission Against Corruption;
   4. 4) Collaborating in the preparation for the plan and report on the activities of the Commission Against Corruption;
   5. 5) Organising training activities;
   6. 6) Studying and proposing internal paperwork processes and standardising the forms of the printed materials exclusively used by the Commission Against Corruption;
   7. 7) Managing the library and archive of the Commission Against Corruption;
   8. 8) Ensuring the performance of other tasks determined by the Commissioner Against Corruption.
3. 3. The Cabinet of the Commissioner Against Corruption comprises:
   1. 1) The Chief of the Cabinet;
   2. 2) The advisers;
   3. 3) The personal secretaries and the cabinet assistant.
4. 4. The following are the subunits of the Cabinet of the Commissioner Against Corruption:
   1. 1) General Affairs Department;
   2. 2) Community Relations Department;
   3. 3) Information Technology Division.
5. 5. To perform specific functions, task forces may be set up, by order of the Commissioner Against Corruption, that operate under his direct supervision.

Article 6

Chief of the Cabinet

The Chief of the Cabinet is responsible for coordinating the personnel and finance management of the SC, the management of the Cabinet and its subunits, allocating work to members of the Cabinet and supervising their activities in accordance with the instructions of the Commissioner Against Corruption, as well as carrying out other tasks assigned by the Commissioner.

Article 7

Advisers

The advisers are responsible for providing specialised technical support to the SC and carrying out specific functions, in accordance with the instructions received directly from the Commissioner Against Corruption or through the Chief of the Cabinet.

Article 8

Personal secretaries and cabinet assistant

1. 1. The personal secretaries execute the orders received directly from the Commissioner Against Corruption or through the Chief of the Cabinet, and are responsible for:
   1. 1) Handling the paperwork and correspondence of the Cabinet, and ensuring the respective archive and security;
   2. 2) Forwarding the requests for meeting the Commissioner Against Corruption and organising his agenda;
   3. 3) Ensuring the performance of other tasks assigned by the Commissioner Against Corruption or the Chief of the Cabinet.
2. 2. The cabinet assistant is responsible for carrying out the tasks determined by the Commissioner Against Corruption.

Article 9

General Affairs Department

1. 1. The General Affairs Department is responsible, in particular, for providing support for the finance, asset and personnel management of the SC, optimising the operation of the SC through the use of information technology resources and carrying out studies.
2. 2. The General Affairs Department comprises:
   1. 1) Finance Division;
   2. 2) Human Resources Division.

Article 10

Finance Division

1. 1) Preparing the self-budget proposal, as well as the respective amendments and modifications, and ensuring its execution;
2. 2) Preparing the annual management account and the respective report;
3. 3) Organising the operation of the accounting system in accordance with the current legal terms;
4. 4) Ensuring treasury operations, revenue collection and expense settlement;
5. 5) Ensuring the exercise of the functions of supply and management of materials and the paperwork related to acquisition of goods and services;
6. 6) Managing the assets and ensuring the preservation, security and maintenance of the facilities, equipment and vehicles.

Article 11

Treasury

1. 1. Treasury operations are carried out by a treasurer appointed by the Commissioner Against Corruption from among the personnel of the Finance Division.
2. 2. The treasurer is entitled to allowance for failures under the terms of the law.
3. 3. In case of absence or impediment, the treasurer is replaced by whoever the Commissioner Against Corruption designates for this purpose.
4. 4. By order of the Commissioner Against Corruption, a petty cash fund may be set up to cover undelayable expenses, which shall be managed by the treasurer or his substitute.
5. 5. Cheques and other documents related to receipt of funds and deposit movements are signed by the Commissioner Against Corruption or the Chief of the Cabinet and the treasurer.

Article 12

Human Resources Division

1. 1) Ensuring general paperwork and respective records, and organising and keeping the general archive updated;
2. 2) Ensuring personnel management activities, organising and keeping the respective archive and files updated.

Article 13

Information Technology Division

1. 1) Executing the computerisation plan of the Commission Against Corruption;
2. 2) Acquiring, managing and maintaining the information technology equipment and monitoring its correct operation and use;
3. 3) Planning, developing and maintaining the application programs and databases that the Commission Against Corruption needs and ensuring their normal and safe operation;
4. 4) Providing necessary information technology support for the operation of the Commission Against Corruption;
5. 5) Promoting and planning the adoption of new information technologies, with a view to promoting modernisation of the administrative work of the Commission Against Corruption and increasing its efficiency;
6. 6) Studying, applying and monitoring the mechanisms that protect information security.

Article 14

Community Relations Department

1. 1. The Community Relations Department is responsible for, in particular, ensuring the contact between the Commission Against Corruption and society, carrying out promotion and education actions for the public with a view to preventing and avoiding commission of crimes of corruption and related fraud crimes, as well as acts of injustice, illegality or irregularity in the exercise of public powers, and also handling information related to the activities of the Commission Against Corruption and useful for the performance of its functions.
2. 2. The Community Relations Department comprises:
   1. 1) Education and Awareness Division;
   2. 2) Community Promotion and Public Relations Division.
3. 3. Within the Department of Community Relations, task forces may be set up by order of the Commissioner Against Corruption to carry out specific functions.

Article 15

Education and Awareness Division

1. 1) Organising and promoting the publications in the interests of residents;
2. 2) Carrying out promotion and education actions for the public with a view to preventing and avoiding commission of crimes of corruption and related fraud crimes, as well as acts of injustice, illegality or irregularity in the exercise of public powers;
3. 3) Publicising measures aiming at preventing crimes of corruption and related fraud crimes, as well as acts of injustice, illegality or irregularity in the exercise of public powers, with a view to promoting greater justice, impartiality and transparency of the public administration.

Article 16

Community Promotion and Public Relations Division

1. 1) Coordinating and executing the community promotion projects and work practically conducted by the Branch Offices of the Commission Against Corruption;
2. 2) Establishing channels of contact with residents and associations and other organisations of neighbourhoods through the Branch Offices of the Commission Against Corruption, with a view to promoting the duties of the Commission Against Corruption and gaining their support for the anti-corruption and ombudsman work of the Commission Against Corruption;
3. 3) Ensuring the service of information provision and reception to the public;
4. 4) Collecting, analysing, processing and archiving information disseminated by the media regarding the activities of the Commission Against Corruption and others in the interests of carrying out its duties;
5. 5) Ensuring contact with the media, following up the preparation and publication of materials intended for dissemination, and providing support to the media under the instructions of the Commissioner Against Corruption.

Article 17

Intelligence Division

1. 1. The Intelligence Division is responsible, in particular, for:
   1. 1) Collecting, studying and processing information necessary for the prevention and investigation of crimes that fall within the scope of activity of the Commission Against Corruption as defined by law;
   2. 2) Performing other functions determined by the Commissioner Against Corruption within the scope of activity of the Commission Against Corruption.
2. 2. The Intelligence Division may set up investigation groups to carry out its functions.

Article 18

Anti-Corruption Bureau

1. 1. The Anti-Corruption Bureau is responsible for carrying out investigations and inquiries relating to crimes and acts that fall within the scope of activity and powers of the Commission Against Corruption.
2. 2. The Anti-Corruption Bureau is headed by a director appointed by the Commissioner Against Corruption and who may be one of the deputies.
3. 3. In cases that fall simultaneously within the scope of criminal and ombudsman matters, the Director of the Anti-Corruption Bureau is responsible for coordinating the respective work with the Ombudsman Bureau, unless otherwise determined by the Commissioner Against Corruption.
4. 4. The Anti-Corruption Bureau comprises:
   1. 1) Investigation Department 1;
   2. 2) Investigation Department 2;
   3. 3) Investigation Department 3;
   4. 4) Investigation Department 4;
   5. 5) Technical Support Department;
   6. 6) Declaration of Assets and Interests Division.

Article 19

Investigation Departments 1 and 2

1. 1. Without prejudice to the provisions of the following article, the Investigation Departments 1 and 2 are responsible, in particular, for:
   1. 1) Investigating signs and reports of crimes and acts that fall within the scope of activity and powers of the Commission Against Corruption;
   2. 2) Ensuring contact with entities established outside the Macao SAR that can collaborate in the performance of the functions of the Anti-Corruption Bureau, as well as providing support in the investigations led by them;
   3. 3) Coordinating the tasks of witness protection;
   4. 4) Preventing and suppressing, within the scope of activity of the Commission Against Corruption, crimes of corruption and related fraud crimes committed in relation to electoral registration and to the elections of members of the institutions of the Macao SAR.
2. 2. The heads of the Investigation Departments 1 and 2 are appointed from among investigators with the rank of principal investigation officer or above.
3. 3. The Investigation Departments 1 and 2 may set up investigation groups to carry out their functions.
4. 4. The division of work within Investigation Departments 1 and 2 is carried out by order of the Commissioner Against Corruption on the proposal of the director.

Article 20

Investigation Department 3

1. 1. The Investigation Department 3 is responsible, in particular, for:
   1. 1) Investigating signs and reports of crimes and acts, verified exclusively or predominantly in the private sector, which fall within the scope of activity and powers of the Commission Against Corruption;
   2. 2) Developing actions to prevent crimes of corruption and related fraud crimes in the private sector.
2. 2. The head of the Investigation Department 3 is appointed from among investigators with the rank of principal investigation officer or above.
3. 3. The Investigation Department 3 may set up investigation groups to carry out its functions.

Article 21

Investigation Department 4

1. 1. The Investigation Department 4 is responsible, in particular, for:
   1. 1) Studying, analysing and carrying out the investigation work necessary to carry out the duties and powers of the Commission Against Corruption in the context of fraud crimes related to corruption, particularly with regard to economic and financial crimes committed in an organised manner, or with an international or trans-regional scale;
   2. 2) Studying, analysing and carrying out the computer investigation work necessary to carry out the duties and powers of the Commission Against Corruption.
2. 2. The head of the Investigation Department 4 is appointed from among investigators with the rank of principal investigation officer or above.
3. 3. The Investigation Department 4 may set up investigation groups to carry out its functions.

Article 22

Technical Support Department

1. 1. The Techinical Support Department is responsible, in particular, for:
   1. 1) Collecting the information necessary for the performance of the functions of the Anti-Corruption Bureau;
   2. 2) Providing the necessary technical support for inquiries and investigations to be carried out by the Commission Against Corruption in the area of information technology;
   3. 3) Safeguarding weapons, ammunition and escort materials;
   4. 4) Providing the necessary technical resources for investigations to be carried out by the Commission Against Corruption;
   5. 5) Preserving evidence;
   6. 6) Providing support for internal investigations by the Commission Against Corruption;
   7. 7) Receiving complaints and reports;
   8. 8) Ensuring the maintenance and processing of files;
   9. 9) Performing other functions determined by the Commissioner Against Corruption.
2. 2. The head of the Technical Support Department is appointed from among investigators with the rank of principal investigation officer or above.
3. 3. The Technical Support Department may set up investigation groups to carry out its functions.
4. 4. The operating rules of the Technical Support Department are defined by order of the Commissioner Against Corruption.

Article 23

Declaration of Assets and Interests Division

1. 1) Receiving and registering declarations of assets and interests in accordance with applicable legislation;
2. 2) Organising the declaration dossiers and ensuring their processing, maintenance and treatment;
3. 3) Ensuring consultation of the aforesaid dossiers in accordance with the terms established by law;
4. 4) Performing other functions determined by the Commissioner Against Corruption.

Article 24

Ombudsman Bureau

1. 1. The Ombudsman Bureau is responsible, in particular, for:
   1. 1) Analysing, processing and investigating complaints and reports of injustice, illegality or irregularity in the exercise of public powers;
   2. 2) Studying and proposing the formulation of recommendations for the adoption of measures to simplify administrative procedures and to ensure the proper functioning of public services;
   3. 3) Studying and analysing measures that contribute to preventing and avoiding acts of injustice, illegality or irregularity in the exercise of public powers as well as crimes of corruption and related fraud crimes committed both in the public and private sectors.
2. 2. The Ombudsman Bureau is headed by a director appointed by the Commissioner Against Corruption and who may be one of the deputies.
3. 3. In cases that fall simultaneously within the scope of criminal and ombudsman matters, the Director of the Ombudsman Bureau is responsible for coordinating the respective work with the Anti-Corruption Bureau, unless otherwise determined by the Commissioner Against Corruption.
4. 4. The Ombudsman Bureau comprises:
   1. 1) Ombudsman Department;
   2. 2) Research Department.

Article 25

Ombudsman Department

1. 1. The Ombudsman Department is responsible, in particular, for:
   1. 1) Providing consultations and receiving complaints and reports on suspected illegalities or administrative irregularities;
   2. 2) Providing consultations and receiving complaints against individuals, when special relationships of dominance are involved, within the scope of the protection of rights, freedoms and safeguards;
   3. 3) Carrying out or promoting the carrying out by the competent public services of investigation and evidence-gathering procedures on signs of illegality and unfair or irregular administrative acts or procedures;
   4. 4) Contacting the services involved through informal means, in order to, promptly and as soon as possible, correct illegal, unfair or irregular administrative acts or procedures, determine the practice of due acts or improve their operation, thus contributing to ensuring justice and transparency in public administration;
   5. 5) Suggesting to the Commissioner Against Corruption, in accordance with the results of the investigation of cases and the analysis of procedures, the formulation of recommendations to the competent services or entities, with a view to correcting illegal, unfair or irregular administrative acts or procedures or suggesting the practice of due acts, or making suggestions to the competent services or entities, with a view to improving administrative procedures, legal regimes and legal regulations;
   6. 6) Following up, whenever circumstances so require, the progress of any processes in the competent entities for disciplinary proceedings;
   7. 7) Performing the functions designated by the Commissioner Against Corruption, with a view to exercising the powers conferred by law on the Commission Against Corruption;
   8. 8) Performing the functions determined by the Commissioner Against Corruption, with a view to carrying out the duties conferred by law on the Commission Against Corruption.
2. 2. The head of the Ombudsman Department is appointed from among investigators with the rank of principal investigation officer or above.
3. 3. The Ombudsman Department may set up investigation groups to carry out its functions.
4. 4. The operating rules of the Ombudsman Department are defined by order of the Commissioner Against Corruption.

Article 26

Research Department

1. 1. The Research Department is responsible, in particular, for:
   1. 1) Studying solutions to simplify administrative procedures and measures that contribute to prevention and avoidance of acts of injustice, illegality or irregularity in the exercise of public powers and crimes of corruption and related fraud crimes, both in the public and private sectors;
   2. 2) Monitoring the administrative legality and correctness of acts involving assets and interests;
   3. 3) Preparing, if appropriate, opinions and study reports within the scope of activity and powers of the Commission Against Corruption, to be sent to respective public services or to be published through the competent services of the Commission Against Corruption;
   4. 4) Collaborating with various public services and private entities, through preparing guidelines and holding lectures, to improve their operation, increase the transparency of their work and reduce opportunities for corruption;
   5. 5) Studying the legality of standards that may affect the rights, freedoms, safeguards or legitimate interests of individuals;
   6. 6) Identifying deficiencies in legislation and making recommendations for its interpretation, amendment or revocation or suggestions for the drafting of new legislation;
   7. 7) Suggesting to the Commissioner Against Corruption to propose to the Chief Executive the practice of normative acts aimed at improving the operation of public services and respecting for administrative legality, in particular with a view to eliminating factors that facilitate corruption and illicit or reprehensible practices;
   8. 8) Performing the functions designated by the Commissioner Against Corruption, with a view to exercising powers conferred by law to the Commissioner Against Corruption.
2. 2. To carry out its functions, the Research Department may cooperate with the competent bodies and services with a view to finding the best solutions.
3. 3. The head of the Research Department is appointed from among investigators with the rank of principal investigation officer or above.
4. 4. The Research Department may set up investigation groups to carry out its functions.
5. 5. The operating rules of the Research Department are defined by order of the Commissioner Against Corruption.

Article 27

Powers

The Technical Advisory Committee is responsible for giving non-binding opinions on issues of complex technical nature related to the handling of complaints and reports, research carried out on the operation of administrative services and the analysis of the various legal regimes, within the scope of functions of the Ombudsman Bureau.

Article 28

Composition and operation

1. 1. The Technical Advisory Committee comprises the following members:
   1. 1) The Commissioner Against Corruption, who presides;
   2. 2) The Director of the Ombudsman Bureau;
   3. 3) The advisers and technical personnel designated for this purpose by the Commissioner Against Corruption;
   4. 4) The head of the Ombudsman Department;
   5. 5) The head of the Research Department;
   6. 6) The investigators in charge of the dossiers which are submitted for consideration by the Technical Advisory Committee;
   7. 7) Other workers designated for this purpose by the Commissioner Against Corruption.
2. 2. Meetings of the Committee are convened and chaired by the Commissioner Against Corruption, or, in his absence, by the Director of the Ombudsman Bureau.
3. 3. The exercise of functions as a member of the Technical Advisory Committee takes precedence over the exercise of any other functions unless exempted for reasons of urgent matters as recognised by the Commissioner Against Corruption.
4. 4. The operating rules of the Technical Advisory Committee are defined by order of the Commissioner Against Corruption.

Article 29

Financial regime

The SC follows the financial regime of autonomous entities.

Article 30

Revenues

1. 1. The revenues of the SC are:
   1. 1) The appropriations registered in the Budget of the Macao SAR;
   2. 2) The management balance from past years;
   3. 3) The interests on its own funds;
   4. 4) The proceeds from disposal of its own assets;
   5. 5) Any other revenues that are set out in law.
2. 2. The SC may only proceed with the capitalisation of available funds with the authorisation of the Chief Executive.

Article 31

Expenses

1. 1. The expenses of the SC are:
   1. 1) The costs for its operation, particularly personnel, acquisition of goods and services, transfer and other current and capital expenses;
   2. 2) The costs for which the Public Administration or the Macao SAR is responsible, relating to the monthly compensation for the retirement and survivors’ pensions scheme, the monthly contributions for the provident fund scheme or the monthly contributions for the social security system, which are to be transferred to the Pension Fund, Social Security Fund and other welfare institutions.
2. 2. The limit within the powers of the Commissioner Against Corruption to authorise expenses is defined by order of the Chief Executive to be published in the Official Gazette of the Macao Special Administrative Region.

Article 32

Asset Regime

The assets of the Commission Against Corruption are made up of all the assets and rights it acquires for or in the exercise of its duties.

Article 33

Regime

1. 1. The provisions of this administrative regulation, and subsidiarily, the general regime of public service, apply to the personnel of the SC.
2. 2. Without prejudice to the provisions of the previous paragraph and regardless of the positions to which they have been appointed, judicial magistrates or public prosecutors and personnel of judicial bodies may at any time opt for the remuneration regime of their respective careers or their original positions, in accordance with the applicable legislation in force.
3. 3. Without prejudice to the rights of complaints and appeals, the provisions of general regime for performance evaluation relating to the joint committee do not apply to investigators.

Article 34

Statute

1. 1. The personnel of the Cabinet of the Commissioner Against Corruption, with the exception of the personnel of its subunits, have the statute and recruitment regime equivalent to those of the corresponding positions of the personnel of the Offices of the Secretaries.
2. 2. Other assisting personnel of the SC and personnel under temporary arrangement pursuant to Article 32 of Law no. 10/2000, with the exception of directors and chiefs, may receive a gratuity of up to 30% of their basic salary as set by order of the Commissioner Against Corruption, which may not be received concurrently with any other gratuities or allowances for overtime work.
3. 3. The personnel of the SC may not exercise any other public functions or engage in other private activities, whether remunerated or not, except for duties of teaching or scientific research or professional training related to public functions, provided that they are compatible in terms of time or there is prior authorisation from the Commissioner Against Corruption.

Article 35

Regime of exercise of functions

1. 1. Without prejudice to the provisions of Article 30 of Law no. 10/2000, the personnel referred to in the previous article exercise functions by fixed-term appointment under the general regime.
2. 2. The length of service provided by magistrates under a fixed-term appointment with permanent tenure in the Commission Against Corruption is considered, for the purposes of seniority and retirement, as if it had been performed in the original categories.
3. 3. Public servants or employees of the Public Administration of the Macao SAR may exercise functions in the SC under a fixed-term appointment, transfer or secondment regime.
4. 4. Pursuant to Paragraph 8 of Article 33 of the Statute of Personnel of the Public Administration of Macao approved by Decree-Law no. 87/89/M of 21st December, the period provided therein does not apply to personnel posted to the SC under a secondment regime.

Article 36

Personnel in retirement situation

The remuneration regime provided for in the general regime of public service applies to personnel in a retirement situation who is appointed to exercise functions in the SC, but they shall still abide by the provisions of Paragraph 3 of Article 34.

Article 37

Staffing

The staffing of the SC is included in Annex I to this administrative regulation, of which it forms an integral part, and may be amended by Executive Order of the Chief Executive, on the proposal of the Commissioner Against Corruption.

Article 38

Alternative regime

Without prejudice to the provisions of Law no. 10/2000, the Commissioner Against Corruption, the deputies and other personnel, if they are magistrates, are entitled to opt for their own statutes under the applicable legislation in force.

Article 39

Substitute photocopies and certificates

The Commissioner Against Corruption may order to make photocopies or microforms to substitute respective documentation for the purpose of archive, which have the same probative force as the original, provided that they are duly authenticated.

Article 40

Logo

The logo of the Commission Against Corruption is included in Annex II to this administrative regulation, of which it forms an integral part.

Article 41

Identity card

The designations and formats of the identity cards, provided for in Article 35 of Law no. 10/2000, are included in Annex III to this administrative regulation, of which it forms an integral part, and may be amended by order of the Chief Executive, on the proposal of the Commissioner Against Corruption.

Article 42

Budget execution

Regarding budget execution relating to the SC, the powers of the Chief Executive are exercised by the Commissioner Against Corruption.

Article 43

Entry into force

This administrative regulation enters into force the day after its publication.