Apresentados por Portugal aos Órgãos de Controlo da
Aplicação dos Tratados das Nações Unidas
em Matéria de Direitos Humanos
Second periodic report : Portugal Macau. 10/04/95. E/1990/6/Add.8.
(State Party Report)
Substantive session of 1995
IMPLEMENTATION OF THE INTERNATIONAL
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Second periodic reports submitted by States parties
under articles 16 and 17 of the Covenant
[9 March 1995]
List of the annexed publications*
* Available for consultation in the files of
I. GENERAL INFORMATION
A. Land and people
1. Macau, a territory under Portuguese administration,
lies on the South China coast around 65 km to the west of Hong Kong.
The Territory of Macau includes the Peninsula of Macau (where the
"City of the Name of God" is located) and the islands
of Taipa and Coloane, covering a total surface area of approximately
18 km2. Macau's geographical location, its traditional
openness and its economic, social and cultural environment have
attracted and facilitated the coexistence of extremely varied cultures,
languages and religions.
2. According to the last (13th) General Population
Census taken in 1991 (Censos 91), the total resident population
stood at 355,693 inhabitants with an estimated increase to 381,000
inhabitants by the end of 1992. The composition of the population
and relative standing of the main ethnic and cultural, linguistic
and religious groups can be seen in the Thirteenth Population Census/Third
Housing Census Global Results, annexed to this report.
B. General political structure
3. The establishment of the Portuguese in Macau
dates back to 1557.
4. Macau's legal system is based on the Romano-Germanic
branch of continental European law. It is characterized by the fact
that laws proper are, by far, the most important source of law,
and the relevant legislation is inserted in specific legal codes
known as the five "big codes": the Civil Code, the Commercial
Code, the Civil Procedure Code, the Criminal Code and the Criminal
5. Macau's constitutional organization has undergone
major changes over the territory's history. Initially, there was
a system of "mixed jurisdiction" (from 1557 to 1822),
followed by a "colonial period" (1822 to 1976) and latterly
a "transition period" (lasting from 1976 until 19 December
1999). A constant feature of Macau's history has been the ongoing
cooperation between Portugal and China. In addition to this, Macau
has always enjoyed a high degree of autonomy.
6. Right from the start of the Portuguese settlement
of Macau, this high degree of autonomy was reflected in the administrative
organization of the Territory. The post of Governor was only introduced
in the mid-seventeenth century but, in fact, until 1783, when the
"Royal Provisions" were approved, the Portuguese settlement
of Macau was governed by the politically powerful Senado. The Senado,
a body based on the medieval Portuguese tradition of local government,
represented Portuguese interests through the offices of three councillors
elected for three years by the Portuguese population, two judges
and one procurator. The Senado was vested with political, administrative
and judicial powers.
7. At present, Macau is in the course of the
"transition period" which will end when China resumes
full sovereignty over the territory on 20 December 1999 (Sino-Portuguese
Joint Declaration, art. 1). Following this date, and for a period
of 50 years, the People's Republic of China undertakes to uphold
the various principles, policies and provisions which, under the
principle of "one country, two systems", are included
in the Sino-Portuguese Joint Declaration (art. 2 (12)) and to enshrine
them in a Basic Law of the Macau Special Administrative Region of
the People's Republic of China.
8. Currently the status of the territory of
Macau is defined in both Portugal's and Macau's legislation by the
1976 Portuguese Constitution (PC) and the Organic Statute of Macau
(OS) approved by Law 1/76 of 17 February and amended by Law 53/79
of 14 September and Law 13/90 of 10 May.
9. Under international law, Macau's status is
defined by the "Joint Declaration of the Government of the
People's Republic of China and the Government of the Republic of
Portugal on the Question of Macau" signed in Beijing on 13
April 1987, and by the United Nations decisions on the issue, namely
the 1972 recommendation of the United Nations Special Committee
on Decolonization concerning Macau's situation (General Assembly
resolution 2908 (XXVII) of 2 November 1972).
10. From the original 1976 version until the
present, the PC has included specific provisions concerning Macau's
situation with a view to defining the Territory's legal status according
to the new Portuguese constitutional regime and in accordance with
the above-mentioned international directives from the United Nations.
The Constituent Assembly which drew up the present constitution
- in which the territory of Macau was expressly defined as such
- included a fourth paragraph in article 5 of the constitution under
the heading "Territory", with the following text:
The PC clarified the situation once and for
all and, in contrast to paragraph 1 of the same article, Macau was
explicitly excluded from national territory. Under the terms of
this provision, the powers of the Portuguese State were defined
as simple administrative powers.
11. Although this was to change the internal
framework, the Portuguese legislators were merely absorbing the
theory which had already been recognized at international level
by both the People's Republic of China and the United Nations, namely
that Macau is Chinese territory under Portuguese administration.
The Sino-Portuguese Joint Declaration was to consolidate Portugal
and the People's Republic of China's existing understanding of Macau's
legal character. Article 1 of the treaty states that:
12. Similarly, article 2 of the Assembly of the Republic's Resolution
41/92 of 31 December reiterates that:
"The Government of the People's Republic of China and the
Government of the Republic of Portugal declare that the Macau
area (including the Macau Peninsula, Taipa Island and Coloane
Island, hereinafter referred to as Macau) is Chinese territory,
and the Government of the People's Republic of China will resume
the exercise of sovereignty over Macau with effect from 20 December
"1. The application in Macau of the International Covenant
on Civil and Political Rights and the International Covenant on
Economic, Social and Cultural Rights, namely Article 1 of both
Covenants, shall not in any way affect the status of Macau as
defined by the Portuguese Constitution and the Organic Statute
2. The application in Macau of those Covenants shall in no way
affect the provisions of the Sino-Portuguese Joint Declaration
on the Question of Macau signed on 13 April 1987, namely in so
far as it states that Macau is part of the territory of China
and that the Government of the People's Republic of China shall
resume the exercise of sovereignty over Macau with effect from
20 December 1999 while Portugal shall be responsible for the administration
of Macau until 19 December 1999."
13. In the light of the Sino-Portuguese Joint
Declaration, the 1989 review of the Constitution included a revision
of the provisions concerning Macau and these have now been merged
into a single article, article 292 under the heading "Statute
of Macau", with the following text:
"1. While under Portuguese administration, the territory
of Macau shall abide to a statute adequate to its special situation.
"2. The statute of the territory of Macau, embodied in
Law number 1/76 of 17 February, and incorporating the amendments
thereto that were introduced by Law number 53/79 of 14 September,
shall continue in force.
"3. Upon proposal of either the Legislative Assembly of
Macau or the Governor of Macau, the latter after having heard
the Legislative Assembly of Macau, the Assembly of the Republic
shall be empowered to amend or to replace the Statute after having
sought the opinion of the Council of State.
"4. Where the proposal is approved with amendments, the
President of the Republic shall not promulgate the decree of the
Assembly of the Republic unless the Legislative Assembly of Macau
or, as appropriate, the Governor of Macau, give a favourable opinion.
"5. The territory of Macau shall have its own judicial
organization, autonomous and adapted to the specificities of that
territory, in conformity with the law; the latter shall safeguard
the principle of the independence of the judges."
14. Article 2 of the OS states, in turn, that:
"The Territory of Macau shall be organized as a juristic
entity and, in respect of the principles and the rights, freedoms
and safeguards established in the Constitution of the Republic
of Portugal and this Statute, shall have administrative, economic,
financial and legislative autonomy."
15. Under Article 4 of the OS, the Territory's
own governing bodies shall be the Governor and the Legislative Assembly.
The Consultative Council operates alongside the Governor and is
responsible for advising him on all matters concerning his duties
or the administration of the Territory whenever the Governor deems
it appropriate. With regard to the appointment of the Governor,
article 7 of the OS states that the Governor is to be appointed
and dismissed by the President of the Republic following consultation
with the local population through the Legislative Assembly and representatives
of social organizations. The consultation procedure provided for
in article 7 is regulated in articles 180 to 183 of the Legislative
16. The Legislative Assembly consists of 23
members appointed in the following manner:
(a) Eight elected by direct, universal suffrage;
(b) Eight elected by indirect suffrage;
(c) Seven appointed by the Governor from amongst
local residents of recognized merit and standing in the local community.
17. It should be pointed out that all aspects
of Macau's public life are strongly influenced by the notion of
participation by and consultation with the population and representatives
of social, cultural and economic interests. A fair reflection of
this high degree of participation by and consultation with the population
is that there are several consultative organs, such as the Council
for Transitional Affairs, the Standing Committee on Coordinating
Social Affairs, the Consumer Council, the Economic Council and the
Education Committee, which place a heavy emphasis on participation.
18. For the first time in its history, Macau
has its own judicial organization which operates independently and
is adapted to Macau's specific situation. The process of localizing
the judicial system effectively began when the PC was revised in
1989. The revised presentation of article 292, paragraph 5, in Constitutional
Law 1/89, established that Macau should have its own judicial organization,
autonomous and adapted to the specificities of the territory, in
conformity with the law, which shall safeguard the principle of
the independence of the judges. The basic outlines of the judicial
system were then integrated into articles 51 to 53 of the OS.
19. Article 52 of the OS states that "in
the administration of justice the courts of Macau shall be responsible
for ensuring the protection of legally protected rights and interests,
preventing any breaches of legality and resolving conflicts between
public and private interests."
20. Law 112/91 of 29 August approved the Law
of Judicial Organization of Macau (LJOM), defining and harmonizing
the basic elements within the new system. According to the LJOM,
the judicial organization of Macau includes courts with general
jurisdiction and courts with administrative, fiscal, customs duties
and financial jurisdiction (art. 5, para. 1, of Law 112/91). Following
the enactment of this law, and in addition to primary courts, an
Audit Court and the Superior Court of Justice were introduced (art.
6, para. 1, of Law 112/91).
21. The Superior Court of Justice (SCJ) is the
highest organ within Macau's court system, without prejudice to
the powers of the Supreme Court of Justice, the Supreme Administrative
Court and the Constitutional Court to handle appeals (art. 11 of
Law 112/91). The jurisdiction of these Portuguese courts in Macau,
which is currently very rarely invoked, shall, according to the
terms of article 75 of the OS, be retained until the President of
Portugal decides that the Macau courts should be vested with full
and exclusive jurisdiction. The SCJ is thus the highest local court
with powers of general jurisdiction and jurisdiction over administrative,
fiscal and customs duties matters (art. 11 of Law 112/91). It operates
as a court of second instance and as a court of appeal (art. 6,
para. 2, of Law 112/91). The SCJ consists of a President and six
judges and hears cases either as a full bench or in divisions (art.
12, para. 1, of Law 112/91). Until such time as Macau's courts are
vested with full and exclusive jurisdiction under the terms of article
75 of the OS, Macau's Supreme Court of Justice shall consist of
a President and four judges (art. 40, para. 1, of Law 112/91, amended
by Law 4-A/93 of 26 February).
22. In Macau there are primary courts with general
jurisdiction and jurisdiction over administrative, fiscal and customs
duties matters (art. 7, para. 1, of Law 112/91 and art. 18, para.
1, of Decree-Law 17/92/M of 2 March). Matters of general jurisdiction
are now dealt with by the Court of General Jurisdiction and the
Court of Criminal Instruction (art. 18, para. 2, of Decree-Law 17/92/M).
Jurisdiction over administrative, fiscal and customs duties cases
is the responsibility of the Administrative Court of Macau which
must preside over cases and appeals aimed at resolving cases arising
from legal relations involving administrative, fiscal and customs
duties acts (art. 9, para. 1, of Law 112/91 and art. 18, para. 3,
of Decree-Law 17/92/M). Similarly, the Court of Audit has jurisdiction
and powers over matters concerning financial control under Macau's
laws (art. 10,para 1, of Law 112/91).
23. The Public Prosecutor's Department is autonomous
and enjoys independent status under law. It carries out the duties
attributed to it freely and independently without any interference
(art. 53, para. 5, of the OS, art. 23 of Law 112/91 and art. 8,
para. 1, of Decree-Law 55/92/M of 18 August). The autonomy of the
Public Prosecutor's Department is characterized by its links to
criteria of legality and objectivity and by the exclusive subjection
of its officers to the guidelines provided for in the law (art.
8, para. 2 of Decree-Law 55/92/M).
C. Economic, social and cultural characteristics
The cultural characteristics will not be dealt with here since they
have been covered in section A.
24. The economy of the Territory is based on
characteristics usually associated with liberal models: limited
intervention of the State in the economy; The Administration's
expenditures in goods and services (government consumption) represent
approximately 8 per cent of the GDP (1992 data). free circulation
of goods and capital; and a system of low taxation. Fiscal
revenues (excluding social security payments), direct taxes (excluding
revenues from franchising) added to the indirect taxes represent
approximately 4.1 per cent of the GDP. This is in line with
a social structure differing from those predominant in Western industrialized
countries with respect to the mechanisms of social security. The
foreign exchange policy pursued by Macau is to peg the local currency
(pataca) to the Hong Kong dollar 1 pataca=1.03 HKD. and,
thus, to the US dollar. This secures a stable rate of exchange,
compatible with the strong economic links between the Territory's
economy and that of the two aforementioned economies.
25. A marked increase in the population (nearly
60 per cent in the last 12 years) has been recorded since the early
eighties. This can be traced to an increase in the migratory inflow
brought about by the surge of economic growth experienced at the
26. This has had a substantial influence on
the profile of the Territory's population. In 1992, for instance,
nearly 70 per cent of the population growth could be accounted for
by the surplus in the balance of migration. The Migratory Balance
Account (nominal) had a balance of +11,772. The overal balance was
17,016. As a result, Macau has a young population, According
to data from the 1991 census, 49.7 per cent of the population is
between 20 and 44 years old. with only 48 per cent of the
population having resided in the Territory for more than 20 years
and only 40 per cent of the residents being born in Macau.
27. Macau, as a small territory, with a population
estimated at 381,000 inhabitants (at the end of 1992), has a very
open economy. (Exports of Goods and Services + Imports of Goods
and Services/2)/GDP x 100. This is estimated to account for
63 per cent of the GDP. The development of Macau has therefore been
based on those economic sectors, in both goods and services, which
are oriented towards export. Under these circumstances, the external
situation of the main export markets The USA and EU represent
around 70 per cent of the total figure of exports of goods (Statistics
on Foreign Trade, 1992). - both the Asia-Pacific countries
and the industrialized nations - is a decisive factor in the Territory's
28. Foreign investment flows have played a key
role in the development of Macau. The industrialization of the Territory
was boosted during the 1970s as a result of investment from Hong
Kong, particularly in the textiles and garments sector which (in
Hong Kong) was beginning to feel the restrictive effects of the
Multifibres Agreement. The configuration of the Territory's economic
specialization is, at the same time, influenced by the interdependence
between Macau and the neighbouring territories of Hong Kong and
the Province of Canton.
29. In 1980 exports of textiles and garments
were the main sales to the foreign market, bringing 87 per cent
of the income and amounting to 1 per cent of world garment exports.
Due to this boom exports of textiles and garments began to be made
under Bilateral Agreements (with European countries, the United
States and Canada, signed within the scope of Multifibres Agreement).
30. At the beginning of the eighties there was
a new boom in industrial investment, which originated in Hong Kong
and focused on the toy industry, artificial flowers, electronics
and ceramics. This contributed to a certain diversification of Macau's
industrial base. Thus, by the mid-eighties the non-textiles sectors
represented 30 per cent of exports.
31. The main characteristic of the industrial
structure of the territory is that it is highly fragmented, being
made up of a large number of companies. There are currently approximately
1,911 manufacturing units Industrial Census of 1992.,
the majority of which are small - around 68 per cent of the units
have less than 20 workers. Only about 133 units have more than 100
workers, that is, about 7 per cent of the total registered units.
These, however, contribute around 50 per cent of the Production
Value. The workforce in the manufacturing industries has been declining,
along with the number of manufacturing units. According to the available
data, there have been gains of productivity in the main sectors
of the manufacturing industry, the net labour force productivity Net productivity=Added Value/Personnel. being around
MOP 72,000 per worker. Calculated value for 1992.
32. In structural terms it should be noted that
there has been a shift in the composition of the aggregate demand
since the end of the eighties, with consequent effects on the supply
33. The external income of the service sector
has started to assume an increasing importance. In 1991 it surpassed
the income from exports of goods and now represents around 31 per
cent of the total demand. In fact, in recent years industrial exports
have stopped being the main growth factor, having been replaced
by tertiary activities. The interruption in the growth of the export
of goods in the late eighties, revealing the beginnings of a change
in the industrial patter, followed the relocation of some industries
to adjacent regions where there were more competitive production
conditions, namely in labour costs related to wages, for the main
products of Macau's industry. At the same time expansion has been
seen in the service sector, which includes financial services, real
estate, services rendered to enterprises and tourism, as well as
a boom in the construction sector.
34. The good performance of the construction
and the public works sector derives from circumstances which have
particularly favoured private investment, and from the implementation
of major infrastructure works, in particular a new bridge connecting
the Macau peninsula to the island of Taipa, a containers terminal,
a passengers maritime terminal and the international airport.
35. The tourism sector deserves special mention
since it has shown a significant increase in terms of fixed capacity. The increase in capacity shown by the hotelier sector is reflected
by the increase in the number of available rooms from 4,807 in December
1991 to 7,769 in December 1993. With the number of visitors
totalling 7,701,000 in 1993 and potentialities arising from the
improvement of the quality of the services rendered and improved
access to the Territory tourism plays a key role in economic terms.
Besides being the main source of external revenues, and thus contributing
to a surplus in the balance of goods and services, tourism also
constitutes the Administration's main source of revenue.
Financing of public expenditure
36. Well-established gambling activities in
the Territory - subject to an exclusive licensing contract whereby
30 per cent of the annual gross revenue reverts to the State - makes
tourism a major source of revenue for the Territory's budget. Gambling
revenues account for 46 per cent of the total public revenue. 1993
data. A new source of financing, premiums arising from the
sale of land in public auction, accounted for 25 per cent of the
total revenue (against 17 per cent in 1991). It must be pointed
out, however, that 50 per cent of such revenues constitute automatic
transfers to an external entity - a fund for the future Special
Administrative Region of Macau - and, therefore, given its nature,
cannot be regarded as a structural source of public expenditure
financing. With this in mind it is easy to understand why direct
and indirect taxes account for only 11.6 and 7.5 per cent respectively
of the Administrations's revenues. 1993 data.
37. The current breakdown of employment by economic
sector is an approximation for the supply profile of the territory.
This makes up for the absence of data regarding the distribution
of gross value-added between economic sectors.
38. The industrial sector, which employed nearly
50 per cent of the active population in the early eighties, has
seen its weight diminish considerably over the years. At present
it accounts for no more than 24 per cent of total employment. Data
related to 2_ semester 1993 (Survey on Employment - Provisional
data). On the other hand, a surge in the services sector can
be seen, with it currently accounting for 65 per cent of employment.
Within the service sector the trade, catering and hotels and the
social and personal services industries have a prominent position,
accounting for 26 and 27 per cent of total employment respectively.
The evolution of the structure of the working population in the
last decade has resulted in an almost full-employment labour market
with the unemployment rate standing at around 2 or 3 per cent.
39. In November 1993 the unemployment rate stood
at 2.4 per cent while the underemployment By underemployed
is understood any individual employed but working less than 35 hours
(for reasons beyond his control) and looking for additional work
or willing to accept any offers in that sense. (Source:
Labour Survey, DSEC). rate stood at 1.2 per cent. According to the
available data, the majority of underemployed individuals work in
the manufacturing sector.
40. The economy of Macau is going through a
favourable period despite the recession which is affecting industrialized
countries and its consequent effect on international trade and the
potential demand for produce of the Territory.
41. The undertaking of major infrastructural
ventures and the drive possessed by many tertiary industries contributed
to the strong performance of the economy, with the GDP recording
an annual average growth rate of 6.7 per cent for the period 1990-1992.
The behaviour of investment and exports of services, with annual
growth rates of 21 and 12 per cent respectively, constituted a key
element in its successful performance.
42. Inflation in Macau can be explained largely
by exogenous factors, consequent on the weight consumer goods bear
in the Consumers Price Index (CPI). According to estimates
by the Office for Economic Affairs (OEA) consumer goods account
for 42.4 per cent of the CPI (CPI, October 1981 -September 1983=100). Structural changes in the markets, however, have exerted considerable
pressure in some market segments fostering inflationary trends.
At aggregate levels, the CPI has decelerated since the second semester
of 1991. A 12-month time series ending December 1993 recorded a
growth rate of 6.7 per cent compared to the same period in the previous
D. General legal framework within which human
rights are protected
43. The principal authorities competent to deal
with human rights issues are the organs of government of the Territory
(the Governor and the Legislative Assembly). Although Portugal's
legislative bodies retain their powers with regard to Macau, the
Territory's own governing bodies have special responsibilities for
adopting the measures (namely, through legislation) intended to
give effect to the rights recognized in the Covenant, as provided
for in article 5, paragraph 1, of the Assembly of the Republic's
Resolution No. 41/92 of 31 December which extended the Covenant
to Macau. Issues concerning rights, freedoms and safeguards are,
in effect, covered by the powers of the Legislative Assembly and
of the Governor, according to article 31, paragraph 1 (b), and paragraph
5 of the OS. In the control of these matters an important role is
played by the courts and the High Commission against Corruption
and Administrative illegality.
44. With regard to the remedies available in
the case of any violation of rights and freedoms recognized in the
Covenant, the following should be mentioned.
45. In the area of rights and freedoms violated
by administrative authorities, citizens may lodge complaints with
the Public Information and Assistance Centre (PIAC) on matters pertaining
directly to themselves and concerning acts or omissions by public
services (Decree-Law 60/86/M of 31 December, arts. 4 to 6).
46. Complaints may also be lodged with the High
Commission against Corruption and Administrative Illegality (HCCAI).
One of the HCCAI's responsibilities is to promote the protection
of people's rights, freedoms, safeguards and legitimate interests
and it may address recommendations directly to the relevant authorities
with a view to remedying illegal or unjust administrative actions
on the basis of information received in any form or manner (art.
3, para. 1, (c), art. 4, (m), and art. 9 of Law 11/90/M of 10 September).
47. Individuals whose legitimate personal interests
are deemed to have been violated by administrative actions may appeal
to those responsible, requesting modification, suspension or revocation
of the act in question (Decree-Law 23/85/M of 23 March, arts. 25-29).
48. All administrative actions carried out by
individuals who are subject to supervision by a higher office may
be subject to appeal to that office requesting modification, suspension
or revocation of the act in question, the reason given being the
illegality, injustice or inappropriateness of the act (Decree-Law
23/85/M, arts. 30-38).
49. Administrative actions giving rise to litigation
may be reviewed in the competent courts. The examination and judgement
of appeals against administrative actions by the Governor and the
Under-Secretaries is the responsibility of the Supreme Administrative
Court, while the Macau Administrative Court is responsible for judging
appeals concerning other litigious acts of the Administration of
the Territory (OS, art. 19, Law 112/91 of 29 August, arts. 9 and
163 and Decree-Law 23/85/M, art. 39).
50. In Macau the provisions of article 280 of
the PC and article 70 of Law 28/82 of 15 November, allow for appeals
to be made to the Constitutional Court against the following decisions:
(a) Those rejecting the application of any provision
on the grounds of unconstitutionality;
(b) Those confirming the application of any
provision, the constitutionality of which was questioned before
(c) Those rejecting the application of any provisions
of a legislative act on grounds of violation of higher ranking law;
(d) Those giving application to a provision,
the legality of which was questioned before that court on the grounds
of the preceding subparagraph;
(e) Those applying a provision which has previously
been deemed unconstitutional or illegal by the Constitutional Court;
(f) Those applying a provision which has previously
been deemed unconstitutional by the Constitutional Committee, where
the decision the Constitutional Court is requested to consider is
on the exact same point of law;
(g) Those rejecting the application of a provision
contained in a legislative act, on the grounds that it contravenes
an international convention, or those which apply it in a manner
other than that which has previously been decided by the Constitutional
51. The Law of Judicial Organization of Macau
(hereinafter referred to as LJOM), recently introduced the support
appeal (recurso de amparo). The LJOM stipulates that any decision
by a court of Macau may be appealed in the Superior Court of Justice
on the basis of a claim of a violation of the fundamental rights
guaranteed by the OS. Direct appeals are limited to issues of violation
of rights (art. 17, para. 1, of Law 112/91).
52. In the field of rights and freedoms violated
by private individuals, mechanisms exist to safeguard and assert
these with the possibility of appeal to the courts.
53. Article 292 of the PC states that the Territory
of Macau shall be governed by a statute adequate to its special
situation as anticipated in the Organic Statute of Macau (OS) approved
by Law 1/76 of 17 February with the amendments introduced by Law
53/79 of 14 September and Law 13/90 of 10 May. It should be noted
that the OS is a constitutional law. In turn, article 2 of the OS
includes a direct transfer to Macau's system of the principles of
rights, freedoms and safeguards, i.e., the Fundamental Principles
of Section I ("General Principles") and Section II ("Rights,
Freedoms and Safeguards") of Part I ("Fundamental Rights
and Duties"), established in the PC. The same conclusion can
be drawn from the provision made in article 11, paragraph 1 (d),
of the OS.
54. The rights, freedoms and safeguards of the
PC - which not only takes into account the civil and political rights
included in the Covenant but exceeds them on several points - are
applied in Macau's legal system under the provisions of article
2 of the OS. These rights, freedoms and safeguards are not applied
in the exact same terms and with the same content as in Portugal
due to a few limitations arising from special precepts of the OS
reflecting Macau's specific and different situation. The exercise
of these rights, freedoms and safeguards is limited or restricted
in Macau under the terms of article 18, paragraphs 2 and 3, of the
PC in which it is stated that:
"2. Rights, freedoms and safeguards may be restricted by
law in only those cases expressly provided for in the Constitution.
Restrictions shall be limited to what is necessary to safeguard
other rights or interests protected by the Constitution.
"3. Laws restricting rights, freedoms and safeguards shall
be general and abstract in character, shall not have retroactive
effects, and shall not limit in extent and scope the essential
content of constitution provisions."
55. Article 19 of the PC is also in force in
Macau, allowing the organs of supreme authority to suspend the exercise
of rights, freedoms and safeguards only in the case of a state of
siege or a state of emergency declared in the form laid down in
the Constitution. The Governor of Macau also has the power to take
the necessary measures to restore public order anywhere in Macau
on the advice of the Consultative Council. Should it be necessary
to restrict or suspend the exercise of constitutional rights, freedoms
and safeguards, the advice of the Legislative Assembly must first
be sought and the President of the Republic informed as soon as
possible (OS, art. 11, para. 1 (d)).
56. In turn, article 5, paragraph 2 of the Assembly
of the Republic's Resolution No. 41/92 of 31 December, published
in the Official Gazette of Macau, No. 52, Third Supplement, of 31
December 1992 applying the two Covenants to Macau, states that:
- "Fundamental rights in Macau shall not be restricted unless
as prescribed by law and these restrictions may not exceed the
applicable provisions of the Covenants [on Civil and Political
Rights and on Economic, Social and Cultural Rights]."
The limitations and restrictions on the exercise
of these rights enshrined in locally produced legislation regulating
fundamental rights have, moreover, been considerably fewer than
those referred to in the Covenant.
57. In both Macau and Portugal, the same constitutional
rules regarding the relationship between international and domestic
law are in force, namely article 8 of the PC which establishes the
principle of primacy of international law over ordinary domestic
law. Thus the precepts of the Covenant are applied and invoked under
the same terms as in Portugal, although it should be noted that
article 8, paragraph 2, of the PC establishes a regime for the automatic
acceptance of the norms of international conventions.
58. Article 5, paragraph 1, of the Assembly
of the Republic's Resolution No. 41/92 of 31 December, establishes
"The provisions of the International Covenant on Civil
and Political Rights and the International Covenant on Economic,
Social and Cultural Rights applicable to Macau shall be implemented
in Macau, namely through specific laws issued by the Territory's
own organs of government."
Nevertheless, this provision does not, and could
not, change in any way the constitutional norms regarding whether
or not the provisions of the Covenant can be directly applied or
invoked. This article is intended to emphasize the need for those
provisions of the Covenant(s) applicable to Macau to be drafted
by local legislating bodies, on the one hand implying that these
powers should be transferred from Portugal to Macau, and on the
other highlighting the political objective of localizing legislation.
E. Information and publicity
59. The text of the Covenant was published in
full in Macau's Official Gazette, in both official languages (Portugese
and Chinese). It was not, however, made known by other means.
60. The drafting of the present report brought
together representatives from the branches of the Administration
responsible for the areas covered by the Covenant: economy and finance;
transport and public works; justice; health and social affairs;
public administration; education and youth; communication, tourism
and culture. The main sources employed in the drafting of the report
were the existing institutional and legislative provisions regarding
the areas and rights covered by the Covenant, as well as the quantitative
data produced periodically by the Department for Statistics and
Census and the Monetary and Exchange Authority of Macau - the bodies
responsible for the production of the official statistics of Macau.
Management reports by those departments and services with financial
or administrative autonomy were also employed.
61. The report was made available to members
of local government and to the Administration.
F. The role of international cooperation in
the implementation of the Covenant
62. The Territory of Macau is a member of several
international organizations some of which concern themselves with
the areas covered by this Covenant. Macau is an associate member
of ESCAP (Economic and Social Commission for Asia and the Pacific),
of WHO (World Health Organization), and an associate member of ARTDO
(Asian Regional Training and Development Organization). Macau also
participates in other organizations through some Offices of the
Territory's administration. In this connection there can be mentioned
IASS (International Association of Social Security), IALI (International
Association of Labour Inspectorate) of which the Office for Labour
and Employment Affairs is a member, IFLA (International Federation
of Libraries Association), CIA (Conseil international des archives)
and ICMHS (International Council for Museums and Historical Sites)
of which the Cultural Institute of Macau is a member.
63. As will be seen in the specific points dealing
with the various rights, it can be concluded that the role of international
cooperation has not been significant, although many different actions
of a bilateral and international nature have been carried out in
Macau with the collaboration of the counterpart organizations or
departments of other countries.
II. IMPLEMENTATION OF SPECIFIC PROVISIONS OF THE
64. Only the ILO Discrimination (Employment
and Occupation) Convention, 1958 (No. 111) has been officially accepted
(published in the Official Gazette No. 42, of 17 October 1959).
The provisions of this Convention have been enshrined in the labour
law of the Territory, known as Labour Relations, Decree-Law No.
24/89/M of 3 April. In particular, article 4 states that: "all
workers have the right to equal opportunity at work and to equal
treatment in their employment and the performance of their work
without distinction as to race, colour, sex, religion, membership
of any association, political opinion, social class or social origin,
as a consequence of the right to work to which everyone is entitled".
65. The available data on the levels of the
working population, unemployment and underemployment are as follows:
LABOUR MARKET INDICATORS
Source: DSEC, "Labour Survey" (based on figures
for May of each year).
66. For the situation of employment or unemployment
of the special classes or categories of workers, such as women and
young people, see table 2 regarding 1991. There is no data available
concerning the position of disabled workers for the period requested.
EMPLOYED AND UNEMPLOYED POPULATION ACCORDING TO AGE AND SEX (per
Looking for first jobLooking for a new job
Source: DSEC, Employment Survey, May 1991.
67. In this table, if we compare, by age group,
the numbers of the employed population with those of the unemployed,
it is possible to conclude that unemployment is greater in the categories
of young and older workers.
68. Although there is no statistical data regarding
social groups, the group of workers facing greatest difficulties
in finding employment is that attempting social reintegration, namely
ex-prisoners and ex-drug addicts, followed by those who are physically
or mentally disabled.
69. In 1989 the Office for Labour and Employment
Affairs was created, comprising a job centre and information and
vocational guidance services. These services are free of charge
and available to all private employers and workers. They are given
to more than 2,000 young people and adults each year and place more
than 1,200 workers.
70. In addition to information/vocational guidance
and placement services, the purpose of which is to create greater
occupational mobility, enabling the worker to get a job better suited
to his skills and qualifications and those who seek their first
job to choose a career in accordance with their motivations, qualifications
and occupational skills, there are various bodies of the Administration,
as well as public and private teaching institutions, which promote
short-, medium- and long-term vocational training either internally
or in cooperation with related social bodies.
71. Labour law prohibits any type of discrimination
in employment. In addition there is, in the Office for Labour and
Employment Affairs (OLEA), the Department for Labour Inspectorate.
Amongst other things, it is the function of this body to prepare
reports containing the findings of inquiries into the existence
of infractions of the regulations, the norms that have been breached
and the applicable penalties, and to send these to the court.
72. As mentioned above, various departments
of the Administration, including the OLEA, implement vocational
training courses. For the duration of the courses carried out by
OLEA, which last an average of 1,500 hours, trainees are entitled
to a training benefit. These courses are designed for young people
73. Five vocational training courses have been
carried out in 1993, for 125 trainees, and with a total duration
of 7,500 hours. Three other courses were run in collaboration with
related social bodies, in which 56 trainees took part and which
lasted 1,140 hours.
74. The Office for Economic Affairs has a vocational
training department. It has run courses of a technical nature designed
for the industrial sector, in particular the textile and garment
industries. In addition, there have been courses in computer science,
management, accounting and finance, secretarial skills and public
Courses organized by the Centre for the Promotion of Industrial
No. of courses
Total no. of students
Source: Office of Economic Affairs Management Report.
75. In 1992, 246 courses were run for 4,562
trainees, totalling 7,569 hours, an increase of 16 per cent in the
training capacity as compared with 1991. There was also an increase
in the number of young trainees who participated in these activities.
In 1992 around 60 per cent of the total hours were devoted to training
in the garment and knitwear industry, covering various levels of
skills from manual workers to production and commercial managers.
76. There is also a vocational training department
in the Macau Tourism Office. This covers various areas, providing
courses of professional training, studying the needs in terms of
vocational training, providing basic skills training and refresher
courses, in addition to other training actions and projects. During
the academic year 1992/93, 362 trainees participated in 12 courses
covering several areas, totalling 3,136 hours of training.
77. Macau Polytechnic Institute has a Centre
for Continuing Education and Special Projects. In 1993 this Centre,
as can be seen in table 3, provided 62 courses for technical and
occupational upgrading, in 12 training areas, with the participation
of 1,064 trainees, totalling 2,328 training hours.
COURSES FOR TECHNICAL AND OCCUPATIONAL UPGRADING
(POLYTECHNIC INSTITUTE OF MACAU) 1993
Field of work
Human Resources Management
Secretary and P.R.
Training of Instructors
Languages - English
78. The target group for these courses was civil
servants. However, from 1994 the range of the courses has been broadened
and made available to the general public. In some cases trainees
attending courses offered by other bodies are entitled to training
benefit. In other cases the courses are free of charge or open to
trainees at a nominal fee. Courses are open to all the residents
of the Territory, provided that they meet the requirements concerning
qualifications and age.
79. The allocation of human resources to different
sectors and occupations is directly conditioned by the available
vocational skills of these resources which has an effect on productivity.
80. In Macau there is no discrimination whatsoever
based on sex, race or religion. As a result of the established rights,
there has been a manifest improvement in the practice of equal opportunity
for all residents of the Territory. However, with the aim of establishing
flexible decentralized labour relations, Macau's labour legislation
excludes non-resident workers from its scope (that is, workers coming
from other regions to meet the shortage of workforce in certain
occupations and for a fixed period). In this case there are special
regulations safeguarding the basic rights of employment of the non-resident
group - Governor's Orders No. 12/GM/88 and No. 49/GM/88. These regulations
state certain clauses which must be included in the individual contract
of employment: the direct and indirect guarantee of lodging, payment
of the contracted wages, assistance in the case of illness and maternity
and assistance in case of accidents in the course of employment
and occupational diseases.
81. The services of guidance and vocational
training are open to all the resident population of the Territory
without any kind of discrimination.
82. There is no date available concerning persons
who hold more than one full-time job, but we presume that the number
is very low. The normal working week is 48 hours and, according
to OLEA data in 1992, the average number of hours worked per week
does not exceed the norm.
83. In the last four years there have been two
symposia on labour law and a seminar on vocational training. ILO
experts participated in these events along with representatives
of official institutions of Singapore, the Republic of Korea, Japan,
the Philippines, China and Portugal.
84. The following ILO Conventions have been
officially accepted by the Territory:
Equal Remuneration Convention, 1951 (No. 100), published in
the Official Gazette No. 50 of 10 December 1966, enshrined in
the Territory Labour Law, Decree-Law No. 24/89/M (Labour Relations
- Juridical System), in articles 4, 34, 36;
Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106),
published in the Official Gazette No. 29 of 16 July 1960, enshrined
in article 17 of the Labour Law which states that in each period
of seven days workers are entitled to 24 consecutive hours of
rest, without prejudice to their wages;
Labour Inspection Convention, 1947 (No. 81), published in the
Official Gazette No. 11 of 17 March 1962, put into practice through
the creation of the Labour Inspection Department, within the OLEA
(art. 7 of Decree-Law 40/89). Amongst other things it is the function
of this department to oversee the proper application of legal,
regulatory and contractual provisions for the protection of workers.
Although the remaining Conventions have not
been explicitly accepted in the Territory, many of the principles
and rights they contain are applied in legislation in force in the
85. Although the establishment of a minimum
wage is not compulsory, Labour Law, Decree-Law 40/89, chapter V,
establishes the general principle of a fair wage, its definition,
calculation and obligatory compliance.
86. Weekly rest in industry is covered in article
17 of the Territory's Labour Law which states that "All workers
are entitled to a rest of 24 consecutive hours in each period of
seven days without prejudice to their wages."
87. Public holidays and paid vacations are covered
by articles 19 and 21 of the above law which provides for six public
holidays with pay and six days of paid vacation each year.
88. Agricultural activities in the Territory
are negligible, therefore there is no labour inspection specifically
for this sector.
89. Besides the various provisions of the Labour
Law which safeguard conditions in the workplace prejudicial to women
and minors, there are also the following decree-laws:
Decree-Law No. 57/82/M, General Regulation on Health and Safety
on Industrial Work Sites, of 12 October (Official Gazette No.
Decree-Law No. 78/85/M of 10 August (Official Gazette No. 32)
establishes the right to compensation for damage caused by accidents
at work and occupational diseases;
Decree-Law No. 37/89/M of 22 May (Official Gazette No. 21) approves
the General Regulation on Health and Safety in commercial establishments,
offices and services;
Decree-Law No. 44/91/M of 19 July (Official Gazette No. 28)
approves the Regulation on Health and Safety in Civil Construction);
Decree-Law No. 34/93/M of 12 July (Official Gazette No. 28)
approves the Regulation on Occupational Noise.
90. Wages are fixed by agreement between the employer and the worker.
There is no system of minimum wages. However, chapter V of the Labour
Law protects the right to fair wages, their definition, calculation
and obligatory compliance.
91. The available data on wages is set out in
SALARIES AND CONSUMERS PRICE INDEX (CPI) TIME SERIES
Median salaries (MOP/month)
Source: DSEC, Labour Survey - May, and Annual
92. There are no situations that show the existence
of infringements of the principle of equal pay for equal work, or
conditions of work for women which are inferior to those enjoyed
93. There is no statistical information regarding
the distribution of income between the public and private sectors.
The available data concerning the average remuneration of the public
sector employees (civil services and the security forces) are as
Public sector a/
Source: Human Resources of Macau's Administration - Administration
and Civil Services.
a/ Weighted average remuneration according to
the number of workers of each category.
We must point out that the available data do
not allow a comparison of remuneration for comparable jobs in the
public and private sectors.
94. The legal provisions on occupational health
and safety referred to above are implemented by the Labour Inspectorate.
95. Non-resident workers (foreign workers who
are imported to meet the shortage of labour for a temporary period),
are protected by special regulations: Governor's Orders No. 12/GM/88
and No. 49/GM/88.
96. Tables 5-7 provide data on occupational
NUMBER OF VICTIMS OF OCCUPATIONAL ACCIDENTS BY AGE GROUP
< 14 years
> 65 years
a/ Before 1989 only three age groupings were
used: < 14 years, 14-24 years and 25 years and above.
VICTIMS OF OCCUPATIONAL ACCIDENTS ACCORDING TO CAUSES
Collision with objects (excluding falling objects)
Trapped in or between objects
Over-exertion or false movements
Exposure to or contact with extreme temperatures
Exposure to or contact with electrical current
Exposure to or contact with noxious or radioactive
ACCIDENTS RESULTING IN DEATH ACCORDING TO CAUSES
Falls and falling objects
Collision with objects
Trapped in or between objects
Exposure to or contact with electrical current
Exposure to or contact with noxious or radioactive
97. There are no indications in the Territory
that there is discrimination in employment against any group of
workers. Source: OLEA
98. Labour law provides for 8 hours of work
per day and 48 hours per week, and there must be a minimum break
of 30 minutes in each 8 hours of work. There must be a weekly rest
of 24 hours every 7 days of work, without loss of remuneration;
10 obligatory holidays, 6 of which must be remunerated; and a minimum
paid leave of 6 working days per year.
99. Section 2 of article 10 of Decree-Law No.
24/89/M stipulates that: "(...) according to usage and custom,
the way of working, or the existing agreement between employer and
employee, the limits imposed in the preceding paragraph [i.e. 8
hours of work per day] may be exceeded up to the limit of 10½
hours per day. However, work exceeding the 8 hours is not mandatory."
Nevertheless, in some cases it is difficult to know whether the
provision of this section are respected by employers.
100. The law covers all categories of workers.
However, in practice, domestic helpers are the least able to enjoy
their rights because this is a very difficult area to control. As
has already been stated, non-resident workers are not covered by
the Labour Law.
101. As stated above, experts from other countries
and territories in the region have contributed to the organization
of symposia in Macau.
102. The Territory has expressly accepted ILO
Convention No. 98 on the Right to Organise and Collective Bargaining,
1949, published in the Official Gazette No. 28 of 11 July 1964.
103. Workers are free to form associations themselves
or to join workers' associations which are similar to trade unions.
With the exception of the Association of Construction Workers and
the Association of Builders and Real Estate Companies of Macau,
there is no collective bargaining. In addition to five associations
of civil servants there are 43 associations of workers, group by
economic sectors, which are involved in trade union activities.
There is no data available concerning the size of their membership.
104. The right to strike is not regulated in
the Territory. However, section 2 of the Organic Statute states
that principles, rights, freedoms and guarantees established by
the Constitution of the Portuguese Republic are also in force in
the Territory. Thus, the right to strike is protected in Macau.
105. No restrictions are placed upon the exercise
of the rights enshrined in this article for civil servants and members
of the public administration. According to the Disciplinary Statute
of Macau Security Forces (MSF),
Decree-Law 84/84/M of 11 August (published in
the Official Gazette No. 33) there are restrictions regarding the
exercise of these rights by elements of the MSF.
106. The Territory has not signed any of the
ILO conventions on the right to social security.
107. There are two different systems of social
security: one providing for workers in the public administration
and the other civil servants and the other for workers in the private
108. In the Territory there are about 15,700 Data for the year 1993 (Administration and Civil Services). civil servants including the members of the Macau Security Forces.
This represents about 8.2 per cent of the working population. The
Macau Pensions Fund Decree-Law No. 1/87/M, of 13 January, approved
the Statute of Macau Pensions Fund. is responsible for administering
the system of retirement pension and benefits for civil servants
and other members of the Administration.
109. Under the provisions of the Statue of Macau
Civil Servants (SMCS), Decree-Law No. 87/89/M, of 21 December, there
are the following social security benefits: retirement pension,
survivors pension, death benefits, seniority bonus, family benefit,
residence allowance, marriage allowance, maternity benefits, funeral
allowance, vacations allowance, Christmas allowance, shifts subsidy,
medical care benefits.
110. Retirement pension. Of the 15,700 civil
servants, only about 8,000 are active subscribers of the Macau Pensions
Fund. However, there are as many as 3,091 non-active subscribers.
Civil servants and other members of the administration enjoy the
right to a retirement pension, since they have made the legal payments
to the Macau Pensions Fund, under article 259 of the Statute of
Macau Civil Servants. According to this provision, only those civil
servants or other members of the administration whose age allows
them to carry out a minimum of 15 years' service until the age limit
fixed by law for the exercise of their functions can subscribe to
the Macau Pensions Fund with retirement benefits in view.
111. The pension value varies depending on the
number of years of service in the administration and on the category
of remuneration at the date of retirement. In general terms, it
is equal to the thirty-sixth part of the civil servant's salary,
multiplied by the number of years counted for the retirement, up
to a maximum of 36 years (art. 264 of the SMSC, according to Law
No. 11/92/M, of 17 August). Pensions are revised in proportion with
changes in the income levels of active workers.
112. Taking into account the benefits established
for the inactive groups (Christmas allowance and fourteenth month,
residence allowance, transport allowance and so on), the average
monthly expenditure per capita in 1993 was MOP 7,165 (against MOP
6,220 in 1992).
113. There are two types of retirement benefit:
voluntary and compulsory. The former is given at age 65, with a
minimum of 15 years' service. The latter is given for permanent
and total disability, as certified by the Medical Board (a minimum
of 15 years' service is also required), or for permanent and total
disability resulting from occupational accident or illness contracted
in the performance of one's work, or in the performance of humanitarian
acts or actions on behalf of the community. In this case, no minimum
number of years of service is required.
PENSIONS PAID BY THE MACAU PENSIONS FUND (MPF)
No. of pensioners
(thousands of MOP)
114. Survivors pension. The amount of the survivors pension is equal
to half the retirement pension that the member of the pension fund
was entitled to receive at the date of his death, or that he would
have been entitled to if he had left the job at that time in order to retire.
The survivors pension is paid to the surviving spouse and unborn
children, as well as other successors who are entitled to benefit
from the family allowance. At the end of 1993, there were 860 people
receiving the survivors pension. In the same year, the Macau Pensions
Fund spent the sum of MOP 31.4 million.
No. of pensioners
(thousands of MOP)
115. Death benefit. The death benefit is payable in an amount equivalent
to six times the monthly salary, plus all the remuneration that was
owed at the date of death, or six times the pension owed at the same
date, in the case that the person has already retired. Beneficiaries
are any spouse not legally separated from persons and property, children
or other descendants; in the absence of these, parents or others in
the line of ascendants and finally, brothers/sisters or nephews/nieces
who represent them.
Allowances paid by Central Administration*
(thousands of MOP)
Source: DSF and Macau Pensions Fund.
* Includes retired groups.
116. Seniority bonus. For every five-year period
of service the worker is entitled to receive an amount of MOP 190,000
every month, up to the limit of seven periods.
117. Family benefit. An amount of MOP 140 for
parent or spouse and MOP 190 for descendants is paid.
(a) To descendants when they are minors or between
18 to 21 years old if they are in secondary education or the equivalent,
and up to 24 years old if they are enrolled in higher education,
or engaged in post-graduate studies;
(b) To the spouse, parents or their equivalents,
if their monthly income does not exceed MOP 2,050.
Allowances paid by the Central Administration*
No. of beneficiaries
(thousands of MOP)
Source: DSF and Macau Pensions Fund.
* Includes retired groups.
118. Residence allowance. Current employees,
as well as those who are no longer connected with the service because
they are retiring or have already retired, and who live in Macau,
are entitled to receive an amount of MOP 900 each month, if they
neither own a house nor live in a house belonging to the
Allowances paid by the Central Administration*
No. of beneficiaries
(thousands of MOP)
Source: DSF and Macau Pensions Fund.
* Includes retired groups.
119. Marriage Allowance. An amount of MOP 2,000
per worker is paid.
Allowances paid by the Central Administration*
No. of beneficiaries
(thousands of MOP)
Source: DSF and Macau Pensions Fund.
* Includes retired groups.
120. Maternity benefit. An amount of MOP 2,000
per child is paid.
Allowances paid by the Central Administration*
No. of beneficiaries
(thousands of MOP)
Source: DSF and Macau Pensions Fund.
* Includes retired groups.
121. Funeral allowance. An amount of MOP 2,200
on the death of each worker is paid. The expenses of the funeral
can be covered in their entirety by the Administration in the following
situations: if a worker dies due to an accident at work, or from
a disease contracted while carrying out and in the exercise of public
functions, or if death results from a humanitarian act or from an
action on behalf of the community.
Benefits paid by the Central Administration*
No. of beneficiaries
(thousands of MOP)
Source: DSF and Macau Pensions Fund.
* Includes non-working group.
122. Vacations allowance. An amount equal to
the remuneration corresponding to the post held by the worker and
based on the salary is paid on 1 June of each year. The bonus is
paid during that month.
123. Christmas bonus. An amount equal to the
remuneration corresponding to the post held by the worker and based
on the salary is paid on 1 November of each year. The bonus is paid
in that month.
124. Shift subsidy. The amount is variable.
It is distributed according to three grades of salary, 7.5 per cent,
12.5 per cent and 17.5 per cent respectively, according to the number
of shifts and their length if they extend partially or totally to
weekly or complementary rest periods.
125. Medical care benefit. Civil servants and
the members of their family are entitled to free health care. The
contribution of the worker is fixed at 0.5 per cent of the total
wages, salary or retirement pension.
126. Method of financing. The contribution towards
the retirement benefit is 27 per cent of the salary, plus the seniority
bonus, and it is paid as follows:
(a) 9 per cent by the employee or agent - amount
retained at source;
(b) 18 per cent by the Territory Administration.
According to the contract of concession on horse
racing the concessionaire is bound to give 1 per cent of the annual
income from bets laid to the Macau Pensions Fund. In 1993 the contributions
on the part of the workers and the Administration to the scheme
amounted to MOP 246.3 million while the amount raised by the concession
was about MOP 11.7 million. The running expenses of the retirement
and survival pensions are covered by the General Budget for the
127. Although the above-mentioned ILO conventions
have not been signed, the Decree-Law No. 84/89/M of 18 December
1989 establishes the institutional framework of an obligatory scheme
of contributions - the Social Security Fund (SSF) - to prevent situations
of greatest hardship amongst unprotected local workers in the private
128. In 1993, the SSF covered approximately
142,000 workers, that is, about 80 per cent of the working population,
and provided the following allowances: old age pension; disability
pension; unemployment benefit; sickness allowance; pneumoconiosis
allowance; credit resulting from working relations; accidents at
work; to maternity leave. Article 37 of Decree-Law No. 24/89/M states
that companies must allow pregnant women 35 days of paid maternity
leave without loss of remuneration, up to a maximum of three births.
129. On 1 January 1994 Decree-Law No. 58/93/M,
of 18 October (published in the Official Gazette No. 42) came into
force. This has broadened the scope of welfare benefits with a social
pension, supplementary benefits for pensioners, maternity benefits,
a marriage allowance and a funeral allowance. The social pension
is a benefit in cash of MOP 400 per month to protect elderly and
disabled people who do not have the means to meet their basic needs.
Beneficiaries of pensions from the SSF can be awarded a supplementary
benefit when it is proved that the amount of the pension is not
sufficient to meet their basic needs. The supplementary allowance
is awarded and paid by the Instituto de Acçao Social de Macau
and its amount varies according to the size of the household.
130. Old age pension. In order to receive this
pension the following requirements must be met:
(a) The person must have habitually resided
in the Territory at least for 7 years; they must be 65 years old
or more and have made social security contributions for at least
5 years. This means that this benefit will only become payable from
January 1995. From then onwards the amount of old age pension will
be MOP 750 per month. However, due to the aim of widening the protection
of specific groups of the population, the law made provision for
a monthly pension of MOP 300 from the date of the establishment
of the Social Security Fund (which was increased to MOP 400 from
July 1993 onwards), in the following situations.
(i) Workers of 65 years or over who worked for
the 3 years immediately preceding the application;
(ii) Workers of 65 years or over who do not
have any occupation, and do not have any means of meeting their
Average number of old-age pensioners*
* The table does not include about 2,000 individuals who receive old
age subsidies paid by Instituto de Acçao Social de Macau.
131. Disability pension. The amount of MOP 300
was increased to MOP 400 in July 1993. The following conditions
must be met: the applicant must have habitually resided in the Territory
for at least 7 years; he must be over 18 years old; a medical report
testifying to the invalidity and the inability to accomplish any
kind of paid work must be presented, along with a declaration from
the Office for Labour and Employment Affairs testifying that the
beneficiary had had an occupation. The award of this pension will
depend on the favourable opinion of the Medical Board of the Social
Security Fund. There were around 100 recipients of the invalidity
pension in 1993 and the SSF paid out the amount of MOP 465,300.
132. Unemployment benefit. An amount of MOP
600 is paid per month. The following conditions must be met: the
applicant must have habitually resided in the Territory for at least
7 years; he must be enrolled in the Job Centre of the Office for
Labour and Employment Affairs; he must have worked during the 12
months immediately preceding the presentation of the application;
and the absence of other means of subsistence must be proved. This
benefit is awarded once only after 30 consecutive days of unemployment,
but it can be renewed up to a maximum of twice, if the continuing
unemployment as well as absence of means of subsistence is proved.
In 1993 there were 36 beneficiaries and the total amount paid was
133. Sickness allowance. An amount of MOP 20
is paid per day. The following requirement must be met: the applicant
must have contributed to the Social Security Fund for at least 6
months during the 12 months that preceded the start of the trimester
in which the person became sick; the worker should not receive any
remuneration for any work carried out during the period of
sickness. The allowance can be awarded for a
maximum of 24 days each year, whether these are consecutive or separate.
In 1993 there were 11 beneficiaries and the amount paid by the SSF
was MOP 3,400.
134. Pneumoconiosis benefit. The SSF pays the
expenses and compensation related to incapacity for work or for
death of a beneficiary, including funeral expenses, arising from
the contraction of pneumoconiosis, as is stated in the law applicable
to accidents at work or occupational diseases. In 1993 there were
no cases of pneumoconiosis. In 1992 there were two cases, and a
total amount of MOP 320,000 was paid.
135. Credit resulting from working relations.
The SSF pays these credits to workers where they cannot be paid
by their employers, due to economic or financial insufficiency.
These credits include: payments due as a result of accidents at
work or occupational diseases, calculated according to law; wages
earned but not paid; indemnities against unilateral rescission of
the contract. If the post no longer exists the SSF can pay compensation
immediately of an amount not greater than half of the wages to which
the worker is entitled and has not yet been paid, as well as the
indemnity arising from the unilateral rescission of the contract.
In 1993, the SSF paid an amount of MOP 1,040,063 to 173 workers.
136. Accidents at work. In 1993 the SSF paid
an amount of MOP 200,000 to one worker.
137. Method of financing. The method of financing
is the following:
(a) Contributions paid by each worker of MOP
10 per month;
(b) Contributions paid by employers of MOP 20
per month for each resident worker and MOP 30 for each non-resident
(c) 1 per cent of the Territory's General Budget.
During the last four years the income accruing from the transferral
of 1 per cent of the Territory's General Budget and of the contributions
was the following:
Transfers=1 per cent
of the Budget
Source: Social Security Fund Management Reports
years 1991 and 1993.
138. The expenditure on Social Security in 1989
represented 0.6 per cent of the GDP. These values were based
on the data in table 14 of the Statistical Appendix. It is
estimated that in 1992 that figure represented 1.1 per cent of the
139. In addition to numerous associations of
workers there are other private institutions of a civic and social
character and homes for the elderly.
140. Non-resident workers are not protected
by the system of social security. Given the temporary nature and
special contracts of these workers, it is not probable that they
will be included in such schemes. Nevertheless, the conditions which
regulate the contracting of these workers safeguard the following
rights, amongst others: health care and maternity protection; protection
in case of accidents at work and occupational diseases. For women
the right to maternity leave with paid salary is guaranteed up to
a maximum of three births.
141. The Territory of Macau has not signed any
of the relevant conventions. However, many of the principles and
rights that they contain are safeguarded by the Territory's legislation.
142. In our society the term "family"
is a group of individuals who share a common economy and maintain
a familial type of social relationship.
143. Majority is attained at the age of 18.
However, the minimum working age is 16.
144. There has been a system of public assistance
since 1930. It has been successively revised until, as a result
of Decree-Law No. 52/86/M of 17 November 1986, the Instituto de
Acção Social de Macau (IASM) was made one of the organs
of the Social Action System, together with the Governor and the
Social Action Council. "Social action", which does not
rely on contributions, aims to protect individuals and groups in
situations of hardship by the provision of either money or goods,
and also through social support and services.
145. The competences of the IASM, amongst others,
(a) To adopt and promote measures for prevention,
minimization and assistance in cases of social and financial hardship
of individuals and families;
(b) To protect individuals in financial need,
particularly those who do not have or are unable to secure means
of subsistence due to illness, handicap, involuntary unemployment,
disability or old age;
(c) To protect and provide guidance to those
individuals who, due to their particular family or social circumstances,
are put in the care of the IASM;
(d) To participate in the rehabilitation and
vocational training of disabled or handicapped people;
(e) To cooperate with the private institutions
of social solidarity, with technical and financial support, through
the signing of cooperation agreements and the setting up of training
146. In the last three years an average of MOP
20,200,000 was spent annually on various types of assistance.
147. The types of assistance available in 1993
and the required conditions for qualification are set out in the
Assistance to the elderly*
5 years as resident & + 65 years old
18 months as resident
Former civil servants
not covered by Govt. social security plan
Total civil servants
* Monetary assistance.
148. It must be pointed out that the monetary
support given to the elderly and the disabled who have resided in
the territory for seven years has been paid by the SSF since the
beginning of 1994, and now comes within the old age pension and
the disability pension. The amount paid is MOP 400 per month. However,
this sum, together with the supplement paid by IASM, can go up to
MOP 750 or more.
149. The IASM is also involved in the following
(a) Licensing of crèches in order to
guarantee the quality of the service;
(b) Setting up and maintaining crèches;
(c) Economic support for mothers for the placing
of their children in a crèche;
(d) Support and assistance of families with
social and/or economic problems.
150. Workers whose contract lasts for a period
of more than one year are entitled to 35 days leave on childbirth,
and their post is secured without loss of remuneration.
151. Article 39 of Decree-Law No. 40/89/M stipulates
that no employer is allowed to employ or use the services of workers
under 16 years of age.
152. Orphans and abandoned children are assisted
by the IASM by means of:
(a) Placing them in a family;
(b) Procedures for legal adoption in collaboration
with the courts;
(c) Placing them in children's homes;
(d) Licensing homes to shelter children and
young people, so that certain criteria of quality can be met.
153. For mentally handicapped children the IASM
is involved in:
(a) Licensing equipment designed for mentally
(b) The provision of technical and economic
support for the internment and rehabilitation of mentally handicapped
children, either as internees or as day-care patients.
154. IASM provides information on its services
by means of four local units which are open to the public.
Standard of living
155. According to the results of the Household
Expenditure Survey (HES) for the years 1987/88 Source:
Survey on the Family Expenses, Census and Statistics Department
of Macau. the average expenditure per family might have increased
in real terms by 13.9 per cent compared with 1981/82. On the other
hand, during the three years finishing in 1992, it is estimated
that private consumption had increased by about 6 per cent per year,
representing an increase in per capita consumption of 1.4 per cent
(estimated at about MOP 32,900), in terms of annual average. This
evolution is positive, reflecting an increase in real wages and
employment. These indicators show an improvement in the standard
of living of the population as a whole.
156. Besides these quantitative indicators,
other indicators of the standard of the household expenditure are
normally used to assess the improvement in living conditions, comparing
it with the profile of consumption typical of countries with a higher
level of income. Thus, if we compare the structure of consumption
of resident families for the periods 1981/82 and 1987/88, we can
note the changes in the pattern of consumption: a smaller percentage
of their income is spent on food (from 42 to 38 per cent); and there
is an increase in the percentage spent on services (from 8.1 per
cent to 12.2 per cent), on transportation and vehicles (from 5 to
7 per cent) and on other sundry goods Books and periodicals,
jewellery, newspapers. (from 8.1 to 12.2 per cent). The changes
also point to an improvement in the standard of living of the population
in general, in terms of their choice as consumers.
157. For a better assessment of the population's
standard of living, these data must be supplemented with other data
of a social nature (education and health), referred to in the course
of the analysis of the implementation of other articles of the Covenant.
158. For the main economic indicators, see table
1 in the Statistical Appendix.
159. In 1988, for the purposes of granting free
medical care As stated in sect. 2 of art. 3 of DL 24/86/M,
15 March (OG No. 11). the situation of "social risk" "(...) the individuals or families who do not have sufficient
economic means to meet all their basic needs" (No. 1 of Dispatch
No. 14/DSESAS/88, OG No. 12). was defined as that of individuals
whose income is less than MOP 500 per month or families whose income
is equal to or less than those set out in the table below:
Size of the family (N)
Social risk (RS)
160. On the other hand, the ordinance which
regulates social housing utilizes the concept of the "family
unit with unfavourable economic conditions" (art. 2, para.
(d) of Decree-Law 69/88/M, of 8 August - Official Gazette No. 32).
The concept of "level of subsistence expenditure" is used
purpose of fixing the monthly rent of a house,
and in 1994 Administrative Regulation No. 103/94/M, 18 April
(OG No. 16). this was fixed at MOP 750 although, as the table
demonstrates, its value varies according to the size of the family:
Size of family
161. Based on data from HES 87/88 it is possible
to draw some conclusions regarding the profile of the distribution
of the household expenditure. Families with the lowest income, Belonging
to the fortnightly expenditure group from MOP 0 to MOP 799. which represented 6 per cent of the population surveyed, spent an
amount equivalent to 3 per cent of the total expenditure, while
families with the highest income, Belonging to the fortnightly
expenditure group of MOP 5,000 or more. who accounted for
only 12 per cent of the population surveyed, were responsible for
27.5 per cent of the total expenditure.
162. However, when the above data are compared
with that of HES 81/82, one can see that the group with the lowest
income 26/ (17.1 of the population surveyed) was responsible for
7.2 per cent of the total expenditure. On the other hand, the group
with the highest expenditure Belonging to the fortnightly expenditure
group of MOP 2,500 or more. (20.1 per cent of the population
surveyed) were responsible for 49.7 per cent of the total expenditure.
The right to adequate food
163. A survey is currently being prepared on
164. There is no available data on malnutrition.
The right to adequate housing
165. When discussing the right to housing in
Macau, the specific characteristics of the Territory must be borne
in mind. The small area of the Territory should be noted, along
with the fact that its population density per square kilometre is
considered to be the highest in the world. An obvious consequence
of this situation is the shortage of land for the construction of
houses. Added to this there is the fact that the Administration
is the main holder of lands, which it grants, leases, or rents to
third parties in concessions for different economic purposes.
166. Before dealing with the items requested
for this report, we will discuss four statistical tables which give
an overview of the housing situation in Macau (tables 11.1 to 11.4
from the III Census on Housing). Source: XIII Recenseamento
da Populão, III Recenseamento da Habitação
- Resultados Globais, Direcção de Estatística
e Censo (XIII Census of the Population, III Housing Census). These
deal with in turn: buildings, by each parish and by the number of
occupied units of housing; occupied units of housing, families and
resident population by the type of unit; occupied units of housing
by their location; occupied family housing units according to location
and the number of families in each unit. Table 11.1 shows that the
greatest number of buildings are located in the parishes of Nossa
Senhora de Fátima and Santo António to the north of
the city. The smallest number of buildings is on the island of Coloane.
Of the 9,588 buildings in the city, only 1,208 are located on the
islands. Table 11.2 shows that of a total of 89,193 occupied housing
units, 5,371 are occupied by two families and 2,382 have three or
more families, which amounts to 7,753 families living in a situation
of overcrowding, a figure which is believed to be an underestimate.
Table 11.3 shows that the units of housing in the parish of Nossa
Senhora de Fátima, in the north of the city, represent one
third of the total units. In that same parish are 80 per cent of
the total improvised housing units in the Territory. There are 535
housing units actually in the waters of the port, which demonstrates
the shortage of land for construction. Table 11.4 gives greater
detail on some of the indicators already mentioned for the most
167. There are no homeless persons living on
the streets or in the open in Macau as is the case in the big cities
of the world. However, according to data supplied by IASM there
are 52 persons who refuse to live in the shelters provided for the
homeless. These people are well known and sometimes sleep under
various well-known public buildings. When invited or advised to
do so, they refuse to enter the shelters provided. In some cases
they are persons who have run away from psychiatric treatment.
168. Table 11.5 of the Housing Census describes
the occupied family units of housing, according to parish, type
of housing, and number of rooms. Out of a total of 87,401 units
of housing, the majority are units of three rooms, a total of 50,949
units. This is followed by units of four and two rooms, with 15,095
and 12,962 units respectively.
169. By parish, the figures for the north part
of the city are, once more, very significant. Of a total of 3,282
units of a single room, more than 50 per cent - 1,659 - are in the
parish of Nossa Senhor de Fátima. At the same time, this
parish is the one with the fewest units of five, six or more rooms.
Of a total of 2,435 units with five rooms, there are only 377 here;
and of a total of 1,267 units with six or more rooms there are only
170. Out of 3,709 so-called improvised housing
units, 1,152 units have only one room and 1,080 have two rooms.
This emphasizes the simple and precarious nature of these improvised
171. Another important statistic is that showing
the relation between the occupied units of housing, according to
type, and the public water supply. It is noteworthy that the public
water supply extends to a large number of the units of housing.
Out of 87,401 units, 85,680 are covered by the public water
supply and the remaining 1,721 units are supplied
by other sources. The highest number (30 per cent) of those units
not covered by the public water supply is, obviously, among the
improvised housing units.
172. Table 11.6 is similar to the previous one,
but omits the number of rooms of each unit. We can conclude that
these 1,721 units not covered by the public water supply correspond
to 2 per cent of the total.
173. Another important table is that which contains
data on the relation between the occupied units by parish and type,
and the installation of a bath or shower. Out of the total of 87,401,
77,835 have an internal bath or shower. This suggests that around
11 per cent of units lack that amenity. The highest number of units
lacking this amenity is amongst the improvised housing units (75
per cent). The highest percentage of these are located on the islands,
amounting to 60 per cent. This shows how old, precarious and improvised
the lodgings are in this area. In the city the average percentage
of shortage of bath or shower in the interior of the lodging units
is 10 per cent, which goes up to 15 per cent in the parish of Nossa
Senhora de Fátima.
174 Another statistic which serves to demonstrate
housing conditions and the age of the housing stock is that relating
to sanitation facilities in the interior of the housing units. The
total percentage of units which lack this amenity is less than 3
per cent, which can be considered reasonable. However, this goes
up to 5 per cent if one considers the absence of a flushing cistern
in the oldest 4,724 units. These percentages are higher among the
improvised housing units. Thus, out of the total of 3,709 units,
2,527 have interior sanitation facilities, meaning that 30 per cent
lack this facility; of the 2,527 only 614 or 22 per cent have a
flushing cistern. This may be interpreted as meaning that few of
the improvised housing units are intended to become permanent.
175. Another indicator of housing conditions
is the type of lighting. From table 11.9, it can be concluded that
practically all units are lit by electricity. The number of units
without access to electricity is insignificant, and the reasons
for this are unknown.
176. The existence of a kitchen or a space designed
for cooking is also used as an indicator to characterize housing
conditions. Out of the total of 87,401 lodging units only 1,176,
or 1.2 per cent, have no kitchen or space designed for cooking.
Once more, the area with the greatest shortage is the north of the
city, the parish of Nossa Senhora de Fátima, where 6.2 per
cent of units do not have their own space or a space adequate for
177. A table which gives some overall idea of
the density of occupation in Macau is that which compares the occupied
housing units, by the number of rooms, to the number of persons
residing there. Out of 87,401 units, 50,949, (about 60 per cent),
have three rooms. These are followed by the units with four rooms,
less than 20 per cent of the total, and by those with two rooms,
about 15 per cent of the total.
178. As for the size of families that live in
the same unit of housing, the largest number are families with four
members, followed by those of three, five and two. However, the
existence of families of more than 8 persons, and sometimes reaching
as many as 20 persons is significant. Such a large number of persons
living in the same unit may mean that they are various families
with the same parental root or other groups without any parental
179. The study of the statistical tables must
be completed by referring to the statistics on the occupied family
units of housing and the size of the families and the population
living in those units, according to their location in the Territory.
The data draws our attention to the fact that the number of families
is much greater than the number of the family housing units: a shortfall
of 10,669 housing units.
180. The parish of N. Senhora de Fátima
is the most populous of the Territory with over one third of the
total population. The average size of family household in this area
is 3.6 persons, the second highest, exceeded only by those living
on the waters of the port, where the average size of family household
181. In considering the number of persons classified
as living in "illegal" settlements or housing, it is assumed
that this relates to a typical pattern of illegality: the construction
without permission on private property of dwellings built by the
occupant. In Portugal, following this illegal pattern of construction,
quarters and streets have spread out in areas which had not been
earmarked for building. At times, this has been a way of avoiding
the bureaucratic red tape of the licensing authority. In Macau this
type of illegality has the particular feature that the unlicensed
constructions generally occupy vacant plots of land belonging to
the Territory itself - in the case of shanties and improvised housing
- otherwise they are precarious constructions on roofs, in corridors,
in empty stairwells and so on, occupying someone else's property
or the common parts of high-rise buildings. We will refer to the
situation of shanties and improvised housing later on, but it is
not possible to provide statistics on other type of illegal housing.
182. We will discuss the number of evictions
in general, with particular emphasis on those classified as arbitrary,
or carried out without legal protection.
183. There are very few judicial evictions in
the Territory. In his study published in the magazine Administração
Pública de Macau, No. 13/14 entitled "Justiça
e a comunidade em Macau: problemas sociais, a Administração
Pública e a organização comunitária
no contexto da transição" ("Justice and
the Community in Macau: Social Issues, the Public Administration
and the Community Organization in the Context of Transition"),
Prof. Boaventura de Sousa Santos presents a table of the actions
for eviction filed by Chinese each year from 1960 to 1989. The year
with the greatest number of actions was 1965 with 50 and the annual
average for the last decade is 26.
184. Another category of eviction that exists
in Macau is the administrative eviction. It is neither fair nor
just to speak of this as arbitrary eviction. Those in breach of
their legal obligations are guaranteed means of defence:
the right to a hearing and the right to contest
the reasons that may have led to the rescission of the lease. The
action for administrative eviction is brought only when the other
party does not voluntarily accept the unilateral rescission of the
185. The administration controls a huge stock
of social housing and only uses administrative eviction as a last
resort. There is no appeal to courts against administrative eviction,
but if a person feels that he has been unfairly treated it is possible
to present a claim to the High Commissioner against Corruption and
Administrative Illegality. As an illustration, we would point out
that of nearly 30 cases of evictions that took place during the
last year, all have been accepted by the individuals concerned.
The only exception was due to a material error in filing the case,
which was promptly corrected after the police report.
186. A very particular characteristic of the
judicial system of the Territory is that the majority of the people
for whom it is designed, the Chinese population, are not familiar
with it. This may explain why it is so little used. Nevertheless,
under no circumstances can it be said that there is no legal protection
or that there have been arbitrary actions by the authorities.
187. In the context of a liberal economy, where
the role of the Administration in the regulation of economic activity
is limited to the minimum level necessary, the relation between
individual income and expenditure on housing is not defined by the
Government. Nevertheless, in the allocation of social housing, the
Government establishes a relation between the size of family and
its monthly income, in order to determine whether the family is
in a disadvantaged economic situation.
188. Once houses have been allocated, the rents
are fixed on the basis of the monthly income of the family, classified
according to categories and under legal criteria. In spite of being
initially fixed, the rents can be subject to revision, and may be
increased, reduced or even waived, according to the current family
income. This revision takes place periodically, or if a representative
of the family presents a corroborated declaration.
189. The rent is also fixed in accordance with
taxa de esforço It is the percentage of the family's
income designed for payment of rent., which increases in value
(between 5 and 17.5 per cent), as the income increases (Decree No.
102/94/M of 18 April, Official Gazette, No. 16).
190. There are over 1,000 requests for social
housing and the waiting list can last several years. The allocation
procedure is established by law and gives priority to those meeting
certain requirements: cases of eviction from improvised housing
ordered by the administration; cases of families lodged in centres
for victims of accidents or in temporary housing; families who are
the victims of disasters and have lost their usual housing. Only
after allocation by this process is completed does the normal process
for awarding houses to families in disadvantaged economic situations
191. There is no statistical data on the size
of the private rental sector or owner-occupied housing. The available
data is related to the sectors either belonging to the Administration
or in which it intervenes directly. Thus, on 31 December 1993 there
were 5,302 social rental units and 1,129 designed for temporary
purposes, totalling 6,431 social housing units. If we take the average
size of family as 3.5 persons, then the total of those who live
in social housing is about 22,500 persons. In 1993 there was an
increase of 330 units for social rental, on the 1992 figure.
192. We referred earlier to the existence of
improvised housing units, occupying vacant plots of land in the
territory. In December 1993 there were 3,068 improvised dwellings
for 3,464 families, totalling 12,626 persons. According to the official
data in 1991 there were 4,603 of these for a total of 5,415 families,
amounting to 19,739 persons. The conclusion that can be drawn is
that in these two years there has been a substantial reduction,
of around 35 per cent in both the numbers of improvised houses and
the number of persons living in them. We would add that there is
currently a scheme in operation to eradicate improvised houses by
the end of 1995.
193. Due to the special characteristics of the
Territory the area of housing law is not very developed, in particular
in relation to provisions that would make the right to housing effective.
Due to the principle of minimal government intervention, it is understandable
that the legal framework is of reduced importance. The only law
that may be classified as a general law, is Law No. 13/80/M, 6 September,
whose provisions were implemented by specific regulations during
194. Equally, the intervention of the Municipal
Councils is not of great importance, compared to other territories
or countries, where the construction of the social housing and the
cooperative sector have the support of local government. However,
notwithstanding this, the Administration has played a role in the
construction of social housing since 1960, constructing the following:
Aldeia da Esperança
Seak Pai Wan
Angélica L. Santos
B_ Económico da Taipa
Julieta N. Carvalho Bloco A
Julieta N. Carvalho Bloco B
Julieta N. Carvalho Bloco C
Fai Chi Kei
195. It is worth noting that mass emigration
to the Territory in the 1980s brought enormous problems for the
Administration in the area of housing. As a result, through direct
construction, 1,469 units of housing were constructed in the following
quarters: Fai Chi Kei Quarter, Towers A, B and C of Tamagnini Barbosa
Quarter, and the Mong Há Quarter.
196. Given the pressing need for social housing,
in 1984 the Administration launched a programme of indirect promotion
of social housing (Decree-Law No. 124/84/M of 29 December), known
as Contracts for Housing Development (CHD), and which is running
in conjunction with eradication of the improvised housing. According
to the law these "are special contracts between the Administration
and civil construction companies, in which the latter agree to construct
of low cost social housing, in return for various benefits and support
from the Administration". In these contracts it is stipulated
that the Administration will receive a percentage of the units constructed
and ready for habitation as part of its housing stock. Since 1987,
the Administration has been receiving these houses and either using
them as social housing or selling them.
197. Between 1987 and 31 December 1993 14,670
housing units were built under the CHD. The Administration received
2,419 of these - 16.5 per cent - selling 582 and leasing out the
remaining 1,837. In a similar manner to this scheme the Administration
received 780 housing units from the so-called special contracts.
198. The fundamental law on lands in Macau is
No. 6/80/M of 5 July, known as the Land Law. This is complemented
by the Portuguese Civil Code, with slight adaptations for Macau,
which was extended to the Territory by Administrative Regulation
22,869 of 23 November 1967, published in the Official Gazette, No.
46, 2nd Supplement of 1967.
199. The Land Law, comprising 14 chapters and
203 articles, regulates such matters as: public ownership, private
property and public property; land reservations; land zoning; classification
and conditions for the occupation of vacant land; disposal of vacant
land; sale; concessions and occupation of land; demarcation of property;
rights and duties of the concession holders; procedures for granting
concessions and occupation; substitution and transfer of a concession
of land; termination of the process and of the concession; land
registration, property registration and institutions; penalties;
miscellaneous provisions and definitions.
200. Reading the preamble of the Land Law, some
of the historical reasons for the form of the law of property in
Macau become clear. Regulation No. 1860 of 20 November 1971 states
that it: "(...) considers leasing as the way of disposal of
the land for the construction of urban buildings, in order to promote
private enterprise, relieving the concession holders from the heavy
costs inherent in the use of land, such as those overheads related
to work of embankment, sanitation and urbanization and the removal
of improvised constructions."
201. The lease of urban buildings is regulated
by Decree-Law No. 43.525 of 7 March 1961, published in the Official
Gazette No. 14 of 8 April, together with the Civil Code. These regulate
the rights and obligations of the landlord and tenant, as well as
matters related to revocation, rescission and expiry of leases.
The Administration does not exercise rent control.
202. There is special regulation of leases in
the social housing sector: Decree-Law No. 69/88/M of 8 August, published
in the Official Gazette No. 32, which regulates the allocation,
lease and management of buildings and units of social housing. This
law establishes the rights and duties of the contracting parties
and states the conditions for rescission, termination, and expiry
of the leasing agreements. The protection of the tenant's rights
and the bodies who have the power to enforce them are thus established
203. At the institutional level there are also
tenants' associations which have the power to bargain with the Administration.
204. There are allowances for housing that are
allocated directly to families to buy economic housing and in the
form of housing allowances to civil servants. An indirect allowance
is the calculation of the rent in social housing, since its value
is based on the size and income of the family.
205. Decree-Law No. 79/85/M, of 21 August, also
known as General Regulation on Urban Construction (GRUC), sets out
the technical norms for the construction of buildings. The ordinance
includes norms of an administrative nature which define the conditions
for the development of projects, the procedures for submitting them
for approval, the licensing of the construction works and their
management. This last includes the administrative follow-up, controlling
and supervising compliance with the law and, in extreme cases, inflicting
penalties on those who infringe the provisions.
206. The Laboratório de Engenharia Civil
de Macau (Civil Engineering Laboratory) is the body responsible
for controlling the quality of materials used in civil construction.
This body recently signed an agreement with the direction of the
Obras Públicas e Transportes (Public Works and Transportation
Department), on better ways of assisting the Direcçào
de Serviços de Solos, Obras Públicas et Transportes
(Office for Land, Public Works and Transportation) in the control
of the quality of materials used in civil construction.
207. There are no legal provisions for the prohibition
of discrimination in the housing sector in Macau.
208. The eviction and removal of tenants is
regulated by law and can take place only when legal requirements
based on certain objective conditions are met.
209. The law of housing in Macau is constantly
being updated in accordance with the changing situation. There are
currently various proposals under discussion to upgrade and update
the existing laws, particularly with regard to leases and the management
210. There is no specific law against speculation
in housing or property. However, there are some norms in the Decree
Law No. 13/93/M, of 12 April, which regulates Contracts for Housing
Development, which are designed to fight foreseeable speculation
in subsidized housing. Under this law the HAM (Housing Authority
of Macau) can apply sanctions to concession-holding companies and
to buyers when they carry out any of the following acts prohibited
by law: the onerous of free ceding of title or the utilization of
the property for purposes other than housing on the part of the
buyer; the sale of the houses for a higher price than that established
by law, or their promotion by third parties, when these acts are
considered as acts of speculation or abuse according to the ends
of the law.
211. The only relevant regulation of the "illegal"
housing sector for the purposes of this item is that related to
improvised constructions and shanties. Decree-Law No. 6/93/M, 15
February "establishes measures to contain and eradicate improvised
constructions or shanties in the Territory at the time of this law
entering into force, outlining the expectations of, and defining
the duties which fall upon the various occupants". It is clear
that in this ordinance: (1) Following the findings of the census
on constructions, carried out prior to the law entering into force,
there is a recognition of the current situation; (2) Any unlicensed
improvised building, constructed or begun after the law has come
into force, will be demolished under the law. The recognition of
the existence of improvised housing will last during the phased
process of eradication. In this sense the changing of an illegal
situation into a legal one, which occurs in Portugal and was referred
to earlier, does not exist in Macau.
212. In line with the strategy proposed to the
World Health Organization (WHO) - "Health for All by the Year
2000" - the Macau Health Service (MHS) provides mainly free
universal access to health care, to all the population of Macau.
The Decree-Law No. 24/M/86 of 15 March, which came into force in
1986, was an important step towards the implementation of this strategy.
The General Budget of the Territory (GBT) covers totally or partially
the cost of the services rendered by the MHS.
213. Health care is free in the following cases:
(a) In the Health Centres (medical care, nursing
(b) For reasons of public health, to those who
are suspected of carrying infectious or contagious diseases, drug
addicts, people suffering from cancer or needing psychiatric assistance,
and also in the area of family planning;
(c) Population groups whose health is at risk,
such as pregnant women and in childbirth, post-natal care, and for
children in primary and secondary schools;
(e) Families or individuals with family problems;
(f) Individuals over the age of 65.
214. Goal 35 of "Health for All by the
Year 2000" stipulates that "Member States should be equipped
with information systems for health care which would be able to
support their national health care strategies for all". To
this end a new and completely computerized information system for
health care was introduced on 1 January 1990. By the end of 1993
about 200,000 patients were registered on the database.
215. The following are the physical assets of
the integrated health system of Macau in 1993:
(a) 1 general hospital with 399 beds;
(b) 9 health centres which offer primary health
(c) 1 public health laboratory;
(d) 1 centre for blood transfusions;
(e) 1 technical school for training nurses and
auxiliary staff in diagnosis and therapy;
(f) an office for pharmaceutical matters.
216. There are 1,731 professionals working in
the MHS, of which 287 are doctors and 500 are nurses. About 80 per
cent of the staff are from Macau or the People's Republic of China.
217. There are also some private bodies which
provide health services to the population of the territory: Kiang
Wu Hospital with 587 beds, 100 doctors and 262 nurses; Tung Sin
Tong Association; Workers' Clinic; Hope Medical Group. These institutions
cooperate with the Administration to provide free health care to
certain groups of the population in exchange for financial assistance
(subsidies) from the official services. Along with these institutions,
whose status is equivalent to the private institutions for social
solidarity, there are other bodies providing health care, the licensing
and control of which is the responsibility of the MHS.
218. The fundamental goal of health care policy
is the improvement of the quality of life and the living conditions
of the population, so that economic development is reflected in
individual and collective well-being. Health policy aims to achieve
the following objectives in 1994:
(a) A strengthening of prevention against factors
capable of affecting physical and social well-being;
(b) Upgrading of health systems;
(c) A strengthening of those factors which lead
to greater stability and continuity in the health system, and upgrading
the training of human resources which will ensure the future functioning
of the system and strengthen its relationship to the community;
219. In 1989, 9.7 per cent of public expenditure
was on health care, some 1.5 per cent of the GDP. Since the available
figures for 1992 are considered to be an underestimate in relation
to the real figures, they are not reproduced here. Please see
table 14 of the Statistical Appendix.
220. The infant mortality rate (number of deaths
of children under 1 year for every 1,000 live births) was 8.4 in
1990, 7.5 in 1991, 7.3 in 1992 and 8.6 in 1993.
221. Between 1989 to 1992, the percentage of
units of housing with access to safe drinking water grew from 95
per cent to 98.3 per cent.
222. Between 1989 and 1992, the percentage of
the population with access to adequate excreta disposal facilities
grew from 98 per cent to 99.3 per cent.
223. The figures for the years of infants immunized
against diphtheria, pertussis, tetanus, measles, poliomyelitis and
tuberculosis for 1992 and 1993 are the following:
DTP (diphtheria, tetanus and pertussis)
The percentage of properly vaccinated children in 1993 was 78 per
224. The figures for life expectancy for the
years 1981 and 1992 are as follows:
225. Since pregnant women fall within one of the groups at risk for
whom health care is free, 100 per cent of pregnant women have access
to trained personnel. The maternity mortality rate in 1991 and 1992
was 0.3 deaths, per 100,000 live births.
226. Access to health care is free for children
up to 10 years of age, and for those in primary and secondary education.
227. The measures considered necessary to improve
the health of vulnerable groups are determined by the government
guidelines of health, which are as follows:
(a) Improvement of the coordination of the health
(b) The preparation of legislation to outline
and regulate those problems related to prevention, treatment and
social integration of those who suffer from mental diseases;
(c) To introduce health insurance;
(d) To upgrade the functioning of health centres
in order to ensure the effective access of the entire population,
and to strengthen their role in the provision of health care and
the prevention of disease.
228. Among the measures taken to improve the
health of these groups have been the extension of the opening hours
of health centres. There were also actions designed to draw people's
attention to programmes for child health care, women's health, family
planning, and adult health. As for health care at the hospital level,
there were increases in the numbers of medical personnel, and the
introduction of alterations in working methods. A haemodialysis
care unit will be installed with the aim of increasing assistance
to patients suffering from renal diseases. The assessment of all
these measures will be made through the computerized health system
which has already been installed. The consequence of these measures
has been a lower death rate for notifiable diseases.
229. As maternity and infant health care are
free of charge for all, the actions taken aim at reducing neo-natal
and infant mortality. There has been an increase in efforts to attract
pregnant women and children to primary health care as early as possible,
as well as an increase in the rate of vaccination and the implementation
of programmes of oral hygiene. At the level of hospital care, the
number of beds in the Paediatric Unit was increased in 1993, and
a Special Care Unit for the Newly Born was set up.
230. Measures taken to prevent, treat and control
epidemic, endemic, occupational and other diseases are an increase
in vaccination, in the water and sewage network, the monitoring
of water quality and air pollution, and the introduction of regulations
for safety at work are some of the measures undertaken by the Administration.
231. Measures taken by the Government to assure
all medical service and medical attention in the event of sickness
include Decree-Law No. 24/86/M, of 15 March, which ensures access
to health care for the whole population of Macau.
232. Notwithstanding all the measures taken
in 1993, there was an increase in the infant mortality rate in relation
to the trend registered in recent years, reflecting an increase
in the neo-natal mortality rate.
233. Concerning the elderly, medical care in
all health units is free to those who are over 64 years of age.
234. Coordination with residents' and workers'
associations and with private institutions of social solidarity
has been undertaken to maximize community participation in primary
235. Concerning health education, in April 1988,
the Technical Unit for Health Education was created in the field
of primary health care with the aim of providing information on
health problems for the population. This information has been provided
through direct contact with the population and through the media.
236. There has been cooperation with WHO in
training and information programmes, awarding scholarships for medium
and long internships in health institutions in the Asia-Pacific
Region. These programmes are biennial.
237. The World Health Organization contributed
the following amounts:
1990-1991 ....... US$ 64 400
1992-1993 ....... US$ 56 000
1994-1995 ....... US$ 65 000
Articles 13 and 14
238. Before dealing with the specific items
requested for this report, it is necessary to mention some of the
basic characteristics of the Macau education system, to provide
some background for the discussion of educational policy and the
239. The Macau education system was defined
by Law No. 11/91/M of 29 August and by the regulations following
from that law. This law established the framework of the educational
system which includes the great majority of both public and private
educational institutions in the Territory.
240. The education system is considered as the
combination of means through which the right to education is realized.
It is expressed through the guarantee of continuing formative action,
with the aim of the overall development of the individual's personality,
social progress and the democratization of society.
241. The Macau education system is a combination
of various structures, under the initiative and responsibility of
several public and private instructions and organizations. An essential
characteristic is the predominance of private educational institutions,
a circumstance that is closely linked to the Territory's history.
Thus, in the academic year 1992/93, out of 173 educational institutions,
from pre-school level to secondary school level, only 17, that is
9.8 per cent, were public, and 156 (90.2 per cent) were private.
In 1990/91, out of a total of 94, 16 were public, a figure which
shows a trend towards private institutions. The major proprietors
of private institutions are the Dioceses of Macau and associations
such as the Chinese Association for Education.
242. A similar distribution can be seen amongst
pupils. Out of 82,661 pupils, only 6,548 (8 per cent) attend official
schools, and 76,113 (92 per cent) attend private schools. The figures
for 1990/91 show respectively 4,887 (6.5 per cent) attending official
schools, and 70,297 (93.5 per cent) attending private schools.
243. Another important characteristic that must
be noted is the variety of teaching languages and the accompanying
variety in the curriculum. Of the official institutions, excluding
higher education, 4 schools use Portuguese as the medium of instruction
and the remaining 13 use Cantonese. The schools using Portuguese
follow curricula similar to those of Portugal. Schools using Cantonese,
where Portuguese is always taught, follow curricula suited for Macau,
based on the Hong Kong educational system with the progressive introduction
of local features in the various years and subjects. Thus, in 1992/93,
8 private schools used the Portuguese language as the medium of
instruction, 113 taught in Chinese, and 15 taught in English.
244. In private institutions there is a great
variety of curricula based on models similar to those of the People's
Republic of China, Portugal, Taiwan and Hong Kong.
245. The Council for Education, which is the
consultative body of the Governor for educational affairs, has currently
been progressively rationalizing the situation by approximating
the names of the subjects, the study plans and the schedules and
also the curricula, introducing in this way more local references
into the curricula, particularly in the fields of history, geography,
social science and civic education.
246. Articles 2 and 3 of Law No. 11/91/M state
the main education and organizational principles. The fundamental
principle of education in Macau states that all the residents of
the Territory have the right to education, irrespective of race,
creed or political or ideological opinion. Given the historical
circumstances of Macau it does not make sense to speak of any legal
discrimination based on sex as far as the right to education is
247. The Administration must promote the development
of adequate means for an effective equality of opportunity in access
to and success in education. Respect for the freedom of learning
and teaching is guaranteed by the fact that the Administration does
not reserve to itself the right to direct education according to
particular philosophical, aesthetical, political, ideological or
religious orientation. It protects the right to establish and maintain
private institutions which are free to define their own educational
248. As for organizational principles, it is
important to note that the education system comprises pre-school
education, primary school (six years), secondary school, and higher
education, as well as special education, adult education and technical
and vocational education.
249. All residents of the Territory have the
right to a basic education, comprising a preparatory year for primary
teaching, primary teaching and the general secondary teaching of
three years, which is mainly free of charge. This means that pupils
are exempted from all kinds of fees or expenses related to enrolment,
attendance or certification, and tuition allowances are paid to
the students of private schools if these are not already subsidized.
The provision of universal and free education is being introduced
progressively. The first phase, which is currently being implemented,
comprises the preparatory year for primary education. The second
phase will cover general secondary education.
250. Educational support and supplements, assisting
students at any level of education, are guaranteed, as well as any
necessary educational support, treating students in basic schooling
as a priority. Important measures of positive discrimination are
thus being introduced.
251. The Administration ensures, directly or
by means of subsidies, the existence of educational and vocational
guidance services, pedagogical support, school health services and
assistance to working students. With this aim of ensuring effective
equality of opportunity, the Administration has developed action
programmes for education, in particular by awarding scholarships
for higher education, by providing tuition fee allowances for high-school
education, food allowances, school insurance and subsidies to buy
writing materials and books. The Schooling Social Action Service
is considered as one of the most important means of ensuring that
basic schooling becomes free of charge.
252. In the area of resources special importance
is given to human resources, with the recognition that teachers
and other school staff perform an activity that is in the public
interest, and consequently enjoy the right to a status consistent
with their professional and social responsibilities. Teachers have
the right and the duty to training, including initial training in
higher education, in-service training, and continuous training,
provided jointly by the Department of Education and Youth and institutions
of higher education. Teachers receive allowances from the Administration
according to their academic and professional training, which reduce
the differences in salary between teachers in official schools and
in private schools. It should be noted that there also exists an
Educational Resources Centre, provided with the most modern equipment,
designed to give support to all teachers in the learning and use
of modern teaching technology.
253. All educational institutions, whether they
are public or private, are vested with pedagogical autonomy in the
public interest as it is defined by the law of the education system.
Private educational institutions can be either subsidized or non-subsidized.
The former are those which receive regular and permanent subsidies
from the Administration. Non-subsidized private educational institutions
are divided into two groups: profit-making and non-profit-making
institutions. The latter are those where no tuition fees are paid
or where the income from these is used only to cover the expenses
of the institution, including the expenses aiming at the improvement
of the quality of teaching and schooling conditions.
254. The financing of the education system is
the responsibility of both the Administration and the families.
Under the law, education is considered as one of the fundamental
priorities of the Territory's budget. In 1994, there were increases
of about 25 per cent in the budget of the Department for
Education and Youth, 15 per cent for the Schooling
Social Action Fund, 33 per cent for the University of Macau, and
59 per cent for the Polytechnic Institute. This demonstrates a decisive
increase in financial expenditure for the area, with these sums
not including the undertakings foreseen in the Plan for Investment
and Development Expenditures of the Administration.
255. The Administration fulfils its financial
responsibilities by maintaining a network of official institutions,
subsidizing non-profit-making private institutions and giving allowances
to students to pay tuition fees. Financial assistance to private
educational institutions is permanent when it has in view the payment
of the general expenses for the institutions, and is non-permanent
when it is for the sharing of capital expenditure, the improvement
of schooling conditions and teachers' training.
256. The administration of the education system
is conceived in such a way as to safeguard the autonomy and freedom
of educational institutions as well as respecting rules of democracy
and participation. Its structures seek to ensure ties with the community
and to guarantee adequate means of participation for teachers, pupils,
parents' associations, and institutions representative of social,
educational, cultural and economic activities.
257. The administration of the education system
is comprised of different levels. There is the level of educational
policy, which is established by the Governor and the competent Joint
Secretary, assisted by the Council for Education in a consultative
capacity. The level of implementation of education policy from preschool
to secondary education is the responsibility of the Department for
Education and Youth, which coordinates and participates in the development
of higher education through the Office for the Support of Higher
Education. The management of private educational institutions is
the responsibility of the bodies that own them, although an inspectorate
is to be established with a view to pedagogical, administrative
and financial supervision. As we have already mentioned, the Governor
has a consultative body which ensures the participation of the parties
involved in the educational process in the stages of the setting
and implementation of education policy. The Council of Education
must be heard on all major issues relevant to the development of
educational policy, including budgetary proposals. It has also played
a key role in the framing of the law including important ordinances
on the development of free education, curricular development, and
on the status and careers of teachers.
258. It is worth noting that the education system
includes special education, adult education and technical and vocational
education, although the latter is mainly the responsibility of the
Office for Labour and Employment Affairs. The teaching of the official
languages (Portuguese and Chinese) at beginners and advanced levels
is promoted by the Administration with the participation of private
bodies, of which the Portuguese Institute of the Orient is the most
259. The organization and functioning of higher
education in Macau is regulated by special legislation. Decree-Law
No. 11/91/M of 4 February applies to the organization and functioning
of private and public institutions which provide higher education
in the Territory.
260. Higher education comprises the two separate
areas: universities and polytechnics. University education is carried
out by the University of Macau (UM) and the International Open University
of Asia (Macau), which is a private institution. Higher polytechnic
education is provided by the Polytechnic Institute of Macau (PIM).
Each one of these institutions possesses its own statutes. It should
be noted that in the field of further education, each of the institutions,
and particularly the PIM, carry out various activities which do
not lead to an academic degree, but which have the aim of training
and advancing local professionals.
261. The Security Forces Institute, the School
of Tourism and the Nursing School also act as establishments of
higher education, involved in the training of local professionals.
262. The official languages of the Territory
are taught in all the public institutions, within the scope of the
implementation of a bilingual system. In exceptional cases teaching
can also be carried out in English. The Administration actively
promotes bilingualism, which stems from the fact that the Basic
Law guarantees both Portuguese and Chinese as the official languages
in the Territory after 1999. Private educational institutions are
free to decide - as part of their pedagogic autonomy - which teaching
language to adopt. Bearing in mind what has been said, they are
also free to choose a second compulsory language, to be included
in their curricula. The public educational institutions can only
choose between Portuguese or Chinese as teaching languages. The
Portuguese public schools adopt Chinese as a second language to
be included in their curricula while the Chinese public schools
adopt Portuguese as a second language, to be included in their curricula.
263. It is important to note that once China
resumes the exercise of sovereignty over Macau, on 20 December 1999,
the Special Administrative Region of Macau will be ruled by the
Basic Law. In terms of the constitutional principle "one country,
two systems" of China, this contains norms intended to safeguard
current cultural, educational and linguistic characteristics. The
main policies to be pursued by the Administration are based on the
Sino-Portuguese Joint Declaration, signed by the Governments of
the two countries in 1987. Thus, article 2 of the Basic Law protects
a high degree of autonomy for the executive and legislative powers
of the future Special Administrative Region of Macau. Article 4
ensures the rights and freedoms of the residents and other individuals
in the region. In relation to the high degree of autonomy of the
region, article 121 states that the Government is responsible for
the definition of its own education policies, including those on
the education system, its administration, the teaching languages,
the allocation of funds, the assessment system, the recognition
of academic qualifications and academic degrees.
264. The Special Administrative Region of Macau
is to promote compulsory schooling, and social institutions and
private individuals may promote other initiatives in the area of
education under the terms of the law. According to article 122,
institutions already established in Macau may continue to function,
enjoying autonomy in administrative matters and teaching and academic
freedom under the law. The right to choose a school is also legally
guaranteed. Article 128 of the Basic Law expressly
states that schools run by religious bodies may continue to provide
religious education, including courses on religion.
265. The first three years of secondary education
are included within the basic and universal education, which is
provided free of charge in public teaching institutions. Pupils
attending private secondary schools are entitled to receive subsidies
for the payment of tuition fees and the purchase of teaching materials,
according to the criteria of support for compulsory education and
cases of financial hardship. For additional secondary education
tuition fees must be paid in both private and public institutions.
266. Higher education was re-established in
Macau in 1981, on a private initiative supported by the Government
of the Territory. The University of East Asia was thus created,
supplying both university and polytechnic teaching. In 1988 the
Macau Foundation, a body created by the Government with special
responsibility for organizing and promoting higher education, acquired
the University of East Asia and restructured it under its direction.
In this way conditions were created in which the University of Macau
could organize its activities in accordance with the needs of the
Territory and oriented towards the needs of students from Macau.
267. In 1991, for the regulation of higher education
in Macau, Decree-Laws 49/91/M and 50/91/M of 16 September were published.
These established the Polytechnic Institute of Macau for the provision
of polytechnic education, and the University of Macau to provide
university education. In 1992, Decree-Law No. 178/92/M of 28 September
authorized the creation of the International Open University of
Asia (Macau), a private institution of higher education primarily
employing distance learning techniques. In 1993 the Tourism School
was established (Decree-Law No. 48/93/M of 1 September) to provide
higher and intermediate training, with strong ties to the world
of employment. This school is part of the Office of Tourism and
provides courses in hotel management and tourism, which were previously
run by the Polytechnic Institute of Macau. Decree-Law No. 57/88/M
of 4 July established the Security Forces Institute under the control
of the Directorate of the Macau Security Forces, with the principle
objective of training senior officers and firemen. This school provides
graduate and post-graduate degrees in leadership and management.
268. In the academic year 1993/94 the University
of Macau offered 27 undergraduate courses (Licenciaturas) and 4
Masters courses to a total of 2,645 students in the following Faculties:
Business Administration, Humanities and Social Sciences, Education
Science, Science and Technology, Law, the Institute of Portuguese
Studies, and the Centre for Pre-University Studies. Within the areas
of Law and Education courses are also offered that confer a diploma
269. Table 2 of the Statistical Annex shows
the change in the number of students in both public and private
institutions since the introduction of higher education in the Territory.
The number of students attending the University of Macau remained
stable between 1990 and 1993. However, it doubled in the academic
year 1993/94. This increase corresponds to a greater number of enrolments
in the undergraduate degree courses, since the number of students
enrolled in the Pre-university Studies has remained virtually unaltered
(306, 328 and 330 in 1991/92, 1992/93 and 1993/94 respectively.)
The area with the greatest number of students at both graduate and
post-graduate levels is that of business studies, in the Faculty
of Business Administration.
270. The majority of the students attending
the University - 89 per cent of the students in 1991/92, and 92
per cent in 1993/94 - are from Macau (table 4).
271. Table 5 shows the number of graduates of
the University of Macau. According to data provided by the Statistics
and Census Department of Macau, XIII Population Census. II
Housing Census - Global Results (September 1993), p. 25. for
the year 1991, the number of holders of academic degrees in the
general population does not exceed 10,000 (2.9 per cent).
272. In the Polytechnic Institute there are
five Bachelors courses and three other courses which lead to a diploma, Courses which confer a certificate without granting an academic
degree. distributed between five schools: Languages and Translation,
Commerce and Tourism, Administration and Applied Sciences, Physical
Education and Sports, and Visual Arts. There was a total of 756
students in the academic year 1992/93 and in 1993/94 the total number
of students is 643.
273. The Security Forces Institute offers three
degree courses: in Police and Public Safety, in Maritime Customs
and Excise, and for Firemen and Sappers. The majority of students
at the Security Forces Institute are from Macau (69.4 per cent),
followed by those from China (23.5 per cent); 17.6 per cent of the
students are women.
274. The yearly tuition fees for the University
of Macau for the academic year 1992/93 were as follows (in MOP):
MBA 60,000; Licenciatura 42,500; diplomas between 13,650 and 27,300;
Pre-university Studies Centre 26,700. Macau residents are entitled
to a reduction of 40 per cent, subsidized by the Government. In
special cases, students in the Faculty of Educational Sciences are
exempted from tuition fees. The annual tuition fees in the Polytechnic
Institute of Macau in 1993/94 were MOP 34,700 for Bachelors courses
(equivalent to a higher diploma under the English system) and MOP
27,300 for courses which confer a diploma. Macau residents are entitled
to a reduction of between 40.7 and 85 per cent depending on the
course. Students of the School of Visual Arts who are not residents
of Macau are entitled to a reduction of 50 per cent.
275. In 1993, the budget of the Territory provided
a total of MOP 83,256,800 for the UM and PIM, of which MOP 69,547,300
was allocated to the University of Macau. As already stated, in
the academic year 1994/95 the budget for UM will be increased by
33 per cent, and that of PIM by 59 per cent.
276. There is a third type of financial support
given by the Government in the form of the award of various types
of scholarships for higher education in Macau or outside the Territory.
The figures contained in tables 6 to 10 of the Statistical Annex
show the number of scholarships by academic year, the major areas
of study, and the different types of scholarships.
277. The International Open University of Asia
(Macau) operates a scheme of distance learning, in areas similar
to those offered by public higher education. It confers degrees
and diplomas of different levels to students whose medium of instruction
is either Portuguese, Chinese or English, adopting the relevant
Portuguese, Chinese or English curriculum. The majority of students
at undergraduate and post-graduate levels are taught in English
(65.3 and 68.7 per cent respectively), followed by Chinese (34.7
and 30.9 per cent) and, in 1992/93, by Portuguese (0.4 per cent).
278. One of the features of higher education
in Macau is that both students and teaching staff are from different
countries and regions with their own cultural and linguistic characteristics.
Though the majority of students were born in Macau and speak Chinese,
the teaching staff is made up of many different nationalities. Only
at the Security Forces Institute is the teaching staff made up of
only Portuguese (84.8 per cent) and Chinese (15.2 per cent). At
the UM, Portuguese and Chinese teaching staff are 54.7 per cent
of the total and at PIM they are 72.4 per cent. The next largest
group are the English staff with 22.6 per cent at the UM, and 20
per cent at the PIM. At the International Open University of Asia
(Macau) in 1992/93, the majority of the teaching staff was English;
14.2 per cent were Chinese and 8.7 per cent Portuguese. Table 11
of the Statistical Annex contains information on academic staff
by academic qualifications and nationalities.
279. The Administration is directly involved
in adult education, but its major contribution has been in the form
of organizational and financial support of initiatives from civil
society. Article 14 of the education law sets out the objectives
of adult education as the elimination of both actual and de facto
illiteracy, the provision of educational opportunities to those
who did not attend or did not conclude the normal system of education,
and the promotion of civic education and cultural activities. However,
these aims are so broad as to make it difficult to produce any statistics.
280. The figures for vocational training, carried
out by the Department for Education and Youth are set out in the
The reduction in the number of trainees in 1992/93
was due to the transfer of the training activities to the Office
for Labour and Employment Affairs.
281. Broadly considered, the only available
figures on adult education are for the academic year 1991/92. During
that year adult education was offered by 98 establishments with
731 courses (of which 296 were offered by the Administration). According
to the Anuário Estatístico (Annual Statistical Review),
34,168 students were enrolled in these courses, of whom 13,788 were
men and 20,380 women. During the same period, there were 731 teaching
staff, of whom 60 per cent were male.
282. The calculation of illiteracy rates, both
actual and de facto, causes difficulties which are not easily overcome.
This is not only because of the concepts themselves, but also due
to the scarcity and imprecision of the quantitative data that has
been collected. The latest statistical data available (annexed to
this report) are taken from the Census of 1991 (Censos/91). If the
distribution of the population according to their level of formal
education is analysed, by looking at the relation between the number
of residents who have no formal education whatsoever or who have
not completed primary education and the total of residents of three
or more years of age, it could be inferred that the majority of
the residents that have not completed six years of schooling are
283. Taking the figures from table 4.4 of Censos/91,
127,863 individuals, or about 37 per cent of the population, would
have to be regarded as being in this situation. This figure is obviously
far from accurate; the figures are not broken down by age group
and level of education, dealing only with a group of residents three
or more years of age. In table 4.3, by contrast, in which the figures
are broken down by age group and school attendance, it is clear
that 97 per cent of the residents between 5 and 14 years of age
attend school, with a marked equilibrium between the sexes.
284. Further, we can refer to the work of Mariette
Bolina, Estatuto Educacional da Mulher em Macau (The Educational
Status of Women in Macau), which was prepared for the Workshop on
Strengthening Information Base on Women for Integration in Macau
Socio-Economic Development, 1993, and closely follow some of her
conclusions on levels of literacy in Macau. She states that:
"Macau has a high rate of schooling of particularly, as
we have already mentioned, in that section of the population which
is between 5 and 14 years of age. But if we exclude those between
6 and 11 years of age, the overall rate of those who did not attend
school rises to 10 per cent for females and 9 per cent for males.
This data which seems to confirm the common belief that illiteracy
is practically non-existent in Macau, does not explain the extent
of literacy of the present adult population, especially when one
considers the significant weight of the present adult population.
It confirms that there is no statistical data on illiteracy in
Macau. The levels of literacy and numeracy of the adult population
in general, and of women in particular, are still unknown".
However, it is worth pointing out that there
is published data on the rates of schooling. The rate of primary
education is slightly over 100 per cent and, for secondary education,
the rates of schooling in the academic years 1991/92 and 1992/93,
were 95.6 per cent and 96.6 per cent respectively.
285. We are dealing with two important problems.
The first is the lack of statistical data on important phenomena,
although this situation is clearly improving. The second is connected
with the great mobility of the population of Macau and the impact
of this on all the social issues that have been analysed, not to
mention the consequences for social infrastructure and security.
Expenditure on education
286. In 1992, a sum of MOP 458 million, around
6.8 per cent of the total budget, was allocated to education. In
1993 it exceeded MOP 514 million, 6.5 per cent of the budget, though
in real terms this was an increase of 8 per cent in relation to
the previous year. In 1994, there has been an increase of around
25 per cent in the figure allocated, which now represents 11 per
cent of the total budget.
287. It is extremely difficult to break down
the data in the Plan for Investment and Development Expenditures
of the Administration (PIDEA) in order to estimate the total amount
invested in education. According to the functional classification
of PIDEA, in 1991 education represented about 3 per cent of the
total investment, falling to 2.1 per cent in 1992 and 1.4 per cent
in 1993, due to the comparatively stable situation of the network
of public schools. In 1989, 1.2 per cent of the GDP was spent on
education. In 1992 the amount accounted for rose to MOP 524 million,
a figure which, however, would seem to be an underestimate of the
actual situation, since the calculation of public expenditure by
sectors has not yet been completed for this year (see note 31).
288. The Department for Education and Youth
assesses the need for new teaching establishments or their reorganization,
although requests may also be brought forward by the management
of private institutions. The construction of public establishments
is carried out by the Office for Land, Public Works and Transportation.
The construction of private establishments is highly subsidized
by the Administration, which sometimes covers the total costs. The
Administration approves or proposes projects according to the norms
for each type of establishment. Besides subsidizing the construction
of and works on private establishments, the Administration frequently
provides plots of land for building on very favourable conditions.
289. To give an idea of the importance of the
subsidies for work in the private educational sector, it can be
pointed out that in 1993 the Government budgeted the amount of MOP
15 million for work on private schools, in addition to the MOP 130
million provided for their running expenses (out of a total expenditure
for the Department for Education and Youth of MOP 364 million).
290. Since there are no rural areas in Macau,
there are no difficulties concerning the distribution of schools.
These are located preferentially next to the most densely populated
and socially disadvantaged areas of the city. On the islands of
Taipa and Coloane they are located in the towns and served by special
school transport. In the new areas created by land reclamation there
has sometimes been some delay in the construction of schools following
the settlement of the new population.
Access to education
291. The steps taken by the Administration to
reduce discrimination within the educational system have been mainly
in the areas of aspects of economic discrimination and the prevention
of academic failure. These have taken the form of support and supplementary
educational assistance, consisting mainly of educational compensation,
educational psychology and social assistance in education, not to
mention many other activities in the field of school health and
support for working students.
292. Educational compensation takes the form
of additional classes and of supervised study rooms; however, there
is little statistical data available on this, except on the use
of study rooms. This shows a sharp increase in the attendance at
study rooms between 1991 and 1992. Attendance at these rooms, which
are mainly located in socially disadvantaged areas, rose from 15,109
to 33,090, an increase of over 100 per cent.
293. In the field of educational psychology
there has also been a significant growth in the help provided, although
total coverage is not yet possible. During the academic years 1990/91
and 1991/92, 3,471 and 5,154 students respectively, were given assistance
of this type, also with the involvement of teachers, parents or
294. Social assistance in education is designed
to implement measures of positive discrimination in favour of students
with economic difficulties at different levels of education, with
the aim of contributing to equality of opportunity in access to
school and academic success. Various actions have been taken, principally
in the form of allowances for tuition fees for non-higher education,
for meals, for school insurance, for the purchase of materials and
scholarships for higher education. In addition to the data contained
in the appendix, it is worth pointing out certain features of some
of the allowances for tuition fees and for the purchase of materials
and provision of study rooms.
295. The following are the figures for the allowances
for tuition fees:
From this table, we can note that between 1990/91
and 1992/93 there was a growth of around 300 per cent. During the
same period, the majority of allowances were to pupils in primary
education within the scope of developing free and universal basic
education (45.9 per cent in 1990/91 and 58.2 per cent in 1992/93).
The amount spent during the academic years 1991/92 and 1992/93 has
296. During the academic years 1991/92 and 1992/93,
8,019 and 8,892 students, respectively, received allowances for
the purchase of materials. In the same academic years the total
sums spent were MOP 5,212,560 and MOP 5,565,000.
297. There are no particular differences between
men and women concerning attendance at school. The distribution
of the student population by sex during the academic year 1990/91
is contained in table 12 in the Statistical Appendix. The only imbalance
of some concern during this year was in higher education. However,
this situation has been improving during recent academic years.
298. Among teaching personnel, there is a marked
preponderance of female staff. In the academic year 1990/91, out
of a total of 3,204 teachers, 1,024 were male (31.9 per cent) and
2,180 female (68.1 per cent).
299. On the question of access to education
by vulnerable groups, it is worth mentioning special education for
children with learning difficulties. Special education is one of
the areas to which the Administration is most heavily committed.
It is entirely free, doing away with enrolment and tuition fees,
even in private schools which are almost wholly financed by the
300. In the academic year 1991/92, there were
144 pupils in official establishments, of whom 15 were integrated
into normal classes, 102 in special classes and 27 in the educational
and occupational unit of Coloane (U-2). There were 139 pupils attending
private establishments which made a total of 283. The U-2 unit,
which opened in 1991, deals with older pupils who are taught preoccupational
subjects preparing these young people to lead, as far as possible,
an autonomous existence.
301. In 1992/93 there were 367 pupils attending
official establishments, of whom 45 were integrated into normal
classes, 126 in special classes, 27 at U-2 and 170 supported by
the "Lar S. Luís Gonzaga". There were 180 pupils
attending private establishments, making a total of 547.
Languages of instruction
302. The linguistic policy pursued by the Administration
has been the fostering of a bilingual population. This topic has
already been covered in the introductory section. As for the diffusion
of the Portuguese and Chinese languages and cultures, in 1990/91
there were 8,840, in 1992/93 10,283 and 1993/94 11,843 students
of Portuguese language and culture (these figures are broken down
in the annexes). For Chinese language and culture in the same academic
years, and including the 31 participants in the CLAC programme (course
of Chinese language and Administration) and the trainees at the
Public Administration Office, there were 1,008,937 and 637 students
respectively. The figures for courses run by PIM are not included,
since figures for the year 1992/93 are not yet available.
303. Within the scope of diffusion of the Portuguese
language as an extracurricular subject, there were 2,031 students
in 1990/91 and 3,425 in 1992/93. As a curricular subject for the
same period, there were 6,609 and 8,418 students respectively.
304. As for the diffusion of Chinese language,
as a curricular subject there were 282 students (in secondary schools
only) in 1990/91, and 1992/93 a total of 274 students, of whom 55
were in primary schools and 219 in secondary schools.
305. The teaching staff of official establishments
are either civil servants or agents of Public Administration, or
have salaries equivalent to those in public administration. The
special provisions on salaries of teaching staff in official establishments
are published in the annexes to the decree-law on the careers and
salaries of civil servants and agents of the Public Administration,
Decree-Law No. 86/87/M, of 21 December, and the particular details
are set out in Decree-Law No. 21/87/M, of 27 April. At present the
index 100 of the public administration corresponds to MOP 3,800.
306. The career of a primary or secondary teacher
is equivalent to that of a senior officer, progressing through different
stages with respect to the number of years of service and performance
appreciation, since teachers have academic qualifications of higher
level. The salaries in 1992/93 varied from MOP 16,340 (index 430)
to MOP 24,000 (index 650).
307. Teachers without higher academic qualifications,
as well as infant school teachers, have a career closer to that
of an officer of Public Administration, though slightly lower in
its last phases.
308. In the private sector, for the academic
year 1992/93, salaries were about MOP 6,730 or 7,930 for secondary
schools and MOP 6,150 or 7,450 for infant and primary school teachers.
The second figure for each of these categories corresponds to the
increase made by the subsidy granted by the Administration, with
respect to the years of service and professional qualifications.
The figures given are median salaries.
Changes in educational policy
309. Recently there have been many changes in
education policy contained in ordinances which have already been
published or are being drafted. Thus, article 53 of the Education
Law No. 11/91/M, of 29 August, which has already been mentioned,
includes the necessary regulating provisions for the reorganization
of almost all of the main elements in the education system, allowing
a major development of the system by, amongst other things, defining
the scope of private education and of mainly free schooling, teaching
staffs' careers and inspectors of education. This reorganization
will produce a greater harmony between various parts of the system,
improve the funding in accordance with the social importance of
the system, and direct the activities of the Administration towards
fundamental aspects of the system. This will enable assistance to
be given to private institutions in ways more consistent with the
needs of the Territory, taking the form of a contractual relationship
in which the rights and duties of the parties will be clearly stated.
310. The statute on private education has already
been published, while the other ordinances referred to in article
53 are in the final stage of drafting, having already been submitted
to the Council for Education.
Compulsory and free primary education
311. As has already been mentioned, the Education
Law states in article 6 that a basic education (preparatory year
for primary school, primary school and general secondary school)
is a right to which all are entitled and is to be free of charge.
The Law states that free education is guaranteed in public schools
and in subsidized private schools. The same Law defines free education
as exemption from tuition fees or any other charges related to enrolment
in public schools and the provision of allowances for fees at any
non-subsidized private schools. The implementation of universal
free education will be carried out in stages.
312. Bearing this in mind, the main problems
arise from the concept of free education in a network which is predominantly
composed of private schools. Since it is possible to guarantee free
public education, the Administration has endeavoured to help pupils
in private schools, and in particular those who are undergoing basic
education. Support to pupils in private schools basically takes
the form of subsidies for tuition fees but may also include other
subsidies, for instance for the purchase of teaching materials.
Nevertheless, it is not yet possible to cover the total costs of
tuition fees, nor does such a measure seem advisable, since clearly
defined procedures for the system of subsidized private education
have not yet been implemented.
313. The Council for Education is presently
debating the question of how to approximate the syllabi in private
schools and the unification of the designation of the curricular
314. The efforts of the Administration for the
next year are in the area of making pre-primary education free of
315. On the other hand, in terms of subsidies,
stronger links are developing between the Administration and those
private schools willing to adhere to a proposal of curricular development.
316. In order to clarify a little more, it can
be said that the expression "mainly free education" has
three fundamental aspects: general support for education (for example
subsidies for building works, to educational establishments, and
direct payments to teaching staff); assistance to students in the
form of scholarships; and the third aspect is personal, individual
help to economically disadvantaged students, in the form of allowances
for tuition fees, the purchase of school materials and school uniforms,
extending beyond the coverage of tuition and enrolment expenses
for students whose families have a very low income. Thus, we can
say that education in public schools is free and it is progressively
becoming so in non-profit-making private schools. The data concerning
the principal forms of support is presented in table 13 of the Statistical
317. There is no specific legal framework for
the general protection of cultural rights in Macau, in the sense
of legal provisions to make effective the right of all citizens
to participate in cultural life and manifest their own culture.
In Macau, the right to enjoy and participate in cultural life is
fundamentally defined by the cultural rights enshrined in the Constitution
of the Republic of Portugal (arts. 73 and 78).
318. Although it is within the competence of
the Macau Legislative Assembly (art.31 (1) (b) of the Organic Statute)
to deal with issues pertaining to rights, freedoms and guarantees,
any restrictions imposed on those rights, freedoms and guarantees
are subject to the provisions of article 18 of the Constitution
of the Republic of Portugal.
319. Article 4 of the Basic Law of the future
Macau Special Administrative Region of the Peoples Republic of China,
which will come into force on 20 December 1999, guarantees the rights
and freedoms of the residents and other persons in Macau, with the
aim of safeguarding the existing cultural situation. Article 125
of the Basic Law states that the government shall define its own
cultural policy, including policies connected with literature, art,
radio, cinema and television, amongst others. It also states that
the legitimate rights and interests of authors producing literature,
works of art and other artistic activities are to be protected.
320. From the analysis of public expenditure
(table 14 of the Statistical Appendix) we can conclude that in 1992
the amount spent for cultural purposes was MOP 215 million or 2.5
per cent of the total expenditure. The Cultural Institute of Macau,
which is the main body in this area, was allocated the sum of MOP
100 million by the government (through the General Budget of the
Territory) in 1993. This sum is not only for the financing of activities
in the public sector through the Cultural Institute of Macau, but
is also for the support and promotion of cultural events organized
by private initiative.
321. Tables 8 and 9 give a breakdown of these
CIM INTERNAL BUDGET
$40 000 000.00
$65 943 000.00
$97 268 000.00
$81 800 000.00
$96 592 000.00
Source: Cultural Institute of Macau.
ALLOCATION OF RESOURCES FOR THE FISCAL YEAR OF 1993
Budgeted expenditure (MOP)
Subsidy for the support of Cultural Activities
International Music Festival of Macau
Macau Art Festival
Publicity and Advertising
Chamber Orchestra of Macau
Chinese Orchestra of Macau
Cultural attachés to the Portuguese
Embassies in the Indo-Pacific region
Congresses, Conferences and Seminars
Research (subsidies to private individuals)
Theatre, Dance and Cinema
Academy of Music
Restoration of Buildings
6 700 000.00
2 607 000.00
1 444 300.00
3 000 000.00
1 630 000.00
1 056 205.50
6 700 000.00
2 600 250.00
1 441 569.60
2 638 485.30
1 054 739.10
22 080 805.50
20 668 152.80
Source: CIM (as of 8 June 1994).
322. The Government of Macau establishes the
general outlines of cultural policy, safeguarding the principles
and respect for rights, freedoms and guarantees contained in the
Constitution of the Portuguese Republic. The Cultural Institute
of Macau (CIM) is the body responsible for implementing the policy
objectives in the area of culture. The CIM was set up by Decree
Law No. 43/82/M, of 4 September. Its main purpose is to support
the formulation and implementation of cultural policy and scientific
research in the Territory, by promoting displays linked to the Sino-Portuguese
cultural experience and the promotion of Portuguese language and
323. With the beginning of the transition period
marked by the Sino-Portuguese Joint Declaration, the CIM was restructured
by Decree-Law No. 63/89/M of 25 September. However, it continues
to carry out the threefold function of assisting the government
in the formulation of cultural policy, ensuring the teaching of
the arts, and as the body responsible for the promotion of cultural
324. The present Organic Law of the CIM dates
back to 1989, with some minor revisions and alterations. It has
the following responsibilities:
(a) To contribute to the enhancement of the
cultural level of the Macau population;
(b) To stimulate the creation and support the
operation of institutions which have among their objectives, the
defense and promotion of cultural values;
(c) To promote, encourage and support cultural
and artistic activities connected with the Sino-Portuguese cultural
(d) To support the creation and diffusion of
individual and collective artistic and cultural works;
(e) To promote the diffusion of books and reading;
(f) To defend, preserve and revitalize the historical
and cultural heritage of the Territory and to formulate guidelines
for its survival and enjoyment;
(g) To promote or support education and training
in various arts, and to assist artists in the advancement of their
skills and professional careers;
(h) To promote research in those areas of interest
for the knowledge and preservation of Macau's cultural heritage;
(i) To contribute to the protection of integrity,
truth and authorship of all works of the human spirit and all cultural
creations, irrespective of the form or expression they take;
(j) To support the Administration in the coordination
of cultural activities carried out by other public bodies of the
Territory and to cooperate with them;
(k) To establish and strengthen, within cultural
policy, cooperation with international organizations and the counterpart
institutions of other countries;
325. Amongst the activities currently pursued
by the CIM are the following:
(a) Technical and financial support for the
cultural associations and artists of Macau;
(b) The promotion of conferences, seminars,
debates and other meetings of cultural nature;
(c) The sponsorship and promotion of the production
of literary and artistic works, particularly through the publication
of books and magazines, and through film, radio and television;
(d) The organization and running of the teaching
of various arts;
(e) Support for non-profit making educational
establishments in the arts;
(f) The award of scholarships and other forms
of support for the training and improvement of artists;
(g) The promotion of artistic and cultural displays,
in particular those connected with the Sino-Portuguese experience,
and the stimulation and support of the popular cultural displays;
(h) Assessment of the plans, programmes and
budgets of cultural institutions which request financial, technical
or logistical support;
(i) The submission for approval of the classification
and registration of cultural assets, as well as implementing and
managing measures for their protection;
(j) Carrying out programmes of cultural exchange,
particularly between artists from Macau, Portugal and China;
(k) Signing agreements, protocols and other
sorts of instruments of cooperation for the promotion of activities
with international organizations, institutions or bodies in the
territory, from Portugal, from China or other foreign countries;
(l) The organization and maintenance of libraries
and archives, for the diffusion of reading and the support of research
by museum centres;
(m) Publishing a cultural review, as well as
the "Bulletin of the Cultural Institute of Macau";
(n) Issuing licenses for the production of films,
including advertising films;
(o) Taking or proposing the necessary precautionary
measures whenever there are activities that endanger the cultural
326. The CIM also maintains the following institutions
as dependent services: the Biblioteca Central (Central Library);
the Arquivo Histórico (Historical Archives) and the Conservatório
(Conservatory). The Central Library is made up of one branch of
General Holdings and Books and Documents on Macau (located in the
Leal Senado Library), and a second branch of Chinese Libraries (Sir
Robert Ho Tung Library, Mong Há Library, a mobile library,
the Taipa Island Library and the Island of Coloane Library). The
Conservatory promotes artistic and vocational training through beginners
intermediate and advanced courses in music, dance and theatre.
327. During 1993 (Decree-Law 45/93/M, of 15
August), the Academy of Visual Arts ceased to be a dependent service
of the CIM. However, it will continue to promote beginners and more
advanced courses in painting, drawing engraving, serigraphy, sculpture,
ceramics, photography, video and history of art.
328. The Leal Senado (the City Council) also
plays an important role in the cultural life of Macau, not only
by the direct promotion of cultural activities, but also through
the provision of resources and, in particular, through the organization
of exhibitions. To illustrate the activities of Leal Senado, the
following tables show the number of exhibitions and visitors (1988-1992).
EXHIBITIONS AT THE TEMPORARY DISPLAYS
Number of exhibitions
Number of visitors
Source: Leal Senado Activities Report, 1992.
EXHIBITIONS AT THE LOU
LIM IOC PAVILLION
Number of exhibitions
Number of visitors
Source: Leal Senado Activities Report, 1992.
329. The Câmara Municipal das Ilhas (CMI)
(the Islands Council) also carries out various activities, staging
or contributing to popular festivals, exhibitions, contests and
publications. It also gives financial support to some of the activities
of private associations which have aims and objectives in the areas
of culture, education and social services. This is significant given
the importance of cultural associations and institutions in this
330. The final element in the institutional
infrastructure is the Portuguese Institute of the Orient (PIO).
The principal objective of this body is to preserve and disseminate
the Portuguese language and culture in the Orient, taking Macau
as its central coordinating point. When it was first set up as a
private institution, the underlying strategic idea was that of establishing
a structure suitable for the transition period and able to overcome
the changes foreseeable as a result of China resuming sovereignty.
The PIO was intended to be an autonomous institution, in the Indian
and Pacific regions, having Macau as the centre of its activities,
which would continue beyond 1999.
331. On this basis PIO is considered as: a body
which supports the teaching and dissemination of Portuguese language
and culture; a space for research into the Portuguese presence in
the Orient; a privileged space for cultural exchange and cooperation
amongst the peoples of the Orient with historical ties with Portugal;
a space open to the surrounding environment, assisting the exchange
of ideas, experiences and cultural achievements.
332. In the area of the promotion of the Portuguese
language, it is worth mentioning the following activities: the Portuguese
Language Centre, which runs courses open to all the inhabitants
of Macau and the occupational Portuguese language courses, designed
for specific occupational areas, specifically in the areas of health
and the mass media.
333. The Administration is involved in the provision
of adequate juridical and institutional structures to meet present
needs and future developments in the area of culture. Efforts have
been made to strengthen the identity of the population of Macau,
promoting respect for the collective memory and experience of the
Sino-Portuguese, and encouraging the affirmation and assertion of
their respective cultural values.
334. The CIM has been carrying out studies and
cultural and artistic displays focusing on the encounter and intercultural
experience of the two cultures. It has organized programmes of cultural
exchange and signed protocols and other sorts of agreements for
cooperation with international organizations and institutions from
Portugal and China. Various initiatives have been realized, among
which are seasons of films, exhibitions of painting and engraving,
as well as other forms of artistic expression.
335. The CIM has taken the following measures
to promote the enjoyment and enhancement of the cultural heritage:
(a) Cultural activities:
(i) Stimulating and supporting the creation
of bodies and associations that will be engaged in cultural activities;
(ii) Supporting the activities of artists of
the Territory, both in Macau and abroad, by supporting cultural
tours to other countries and territories;
(i) Sponsoring the activities and development
of the Chamber Orchestra and the Chinese Orchestra;
(ii) Organizing concerts and recitals, assisting
local musicians and promoting international musicians;
(i) Organizing temporary exhibitions, promoting
local artists and undertaking initiatives of an international character
in the field of the plastic arts;
(ii) Organizing exhibitions with the aim of
disseminating the cultural heritage of the Territory.
336. We can also note the Macau Annual Arts
Festival in which all the local cultural associations participate
(opera, theatre, music, dance, etc.).
337. The press, radio and television are the
main means through which Portuguese and Chinese culture are promoted.
According to data supplied by the Office for the Mass Media, the
following newspapers are published in Macau:
(a) In Portuguese: 5 daily newspapers (with
a daily circulation of between 700 and 2,000 copies) Data supplied
by the editors.
----- and 5 weekly newspapers (with a circulation of
between 1,500 and 3,000 copies);
(b) In Chinese: 7 daily newspapers (with a total
average daily circulation of 147,500 copies) and 15 weekly newspapers
(with a total average weekly circulation of 31,100 copies).
338. Radio and TV also broadcast in Portuguese
and Cantonese. There are two radio channels and two TV channels
which are run by TDM (Teledifusao de Macau). The Territory owns
50.22 per cent of the stock of TDM.
339. The Administration sponsors and promotes
the production and circulation of literary and artistic works, through
the publishing of books and reviews, films, radio and television.
340. The CIM has carried out the following activities
(a) Publishing or co-publishing in collaboration
with other public and private bodies or institutions, works which
contribute to a greater understanding of the culture of the community,
by means of information and education;
(b) Promoting and supporting the publishing
of works by Macanese authors and those of others dealing with themes
connected to Macau;
(c) Making known those works that are essential
to the understanding of both cultures, by translating Portuguese
writers into Chinese and Chinese into Portuguese;
(d) Promoting the reissue of works of cultural
significance in Portuguese, Chinese and English, so that they may
become a resource for education and reference;
(e) To promote and publicize publications of
341. The existence of the Review of Culture,
a quarterly magazine edited in Portuguese, Chinese and English,
should also be noted.
342. Due to its history and geographical location,
Macau is an open and a cosmopolitan environment where cultures meet.
In this sense it is also an international space where mankind's
cultural heritage is protected. To illustrate this the following
activities took place in 1993:
An international symposium on the theme "Encounter of Peoples
and Cultures: Macau and Ethnic Diversity in South-East Asia";
A travelling seminar on the theme "Les malentendus dans
la recherche de l'universel" - Fundaçao transcultura;
The Macau International Music Festival.
343. The Administration of Macau preserves,
with a special emphasis on Macau, the cultural heritage which it
shares with the other Portuguese-speaking nations (Brazil and certain
African countries), as well as other Portuguese communities all
over the world.
344. Article 2 of the Organic Statute of Macau
states that the principles, freedoms and guarantees enshrined in
the Constitution of the Portuguese Republic are part of the legal
order of the territory. In Macau, under
articles 42 and 37 of the Constitution of the
Portuguese Republic all the citizens have the right to freedom of
creative activity as well as freedom of expression and information.
Article 42 states:
"1. Intellectual, artistic and scientific creativity is
"2. This freedom includes the right to the invention, production
and dissemination of scientific, literary and artistic works,
including the legal protection of copyright."
Article 37 states:
"1. Everyone shall have the right to express and make known
his or her thoughts freely by words, images or any other means,
and also the right to inform, obtain information and be informed
without hindrance or discrimination.
"2. The exercise of these rights shall not be prevented
or restricted by any type or form of censorship.
"3. Offences committed in the exercise of these rights
shall be punishable under the general principles of criminal law,
the courts of law having jurisdiction to try them.
"4. The right of reply and rectification and the right
to compensation for losses suffered shall be equally and effectively
secured to all natural and artificial persons."
There is therefore no limit to freedom of cultural
creativity or freedom of expression and information.
345. The Administration has promoted research
into records, registers, making inventories, classification, restoration,
conservation, protection and safeguarding of the assets which make
up the Territory's cultural heritage, due to their archaeological,
historical, artistic, ethnological, urban or landscape value. The
CIM has also promoted research into and the collection of cultural
information on Macau, such as practices, customs, traditions and
festivals, studying and disseminating the collected information.
As examples of this there is work in course to establish a museum
of the so-called "Ruínas de S. Paulo" (the facade
of the ruins of the Mater Deit Church, which is a classified monument)
and also the following publications: O Traje da Mulher Macaense
- Da Saraça ao Dó das Nhonhonha de Macau (A work on
the historical costumes of Macanese women) - 1989; Três Jogos
Populares de Macau (Three Popular Games of Macau) - 1984; and P'ei
P'chai (Review of Culture, 1991).
346. The coordination of scientific and technological
investigation in Macau is not supervised by a single entity. Responsibilities
for scientific investigation are dispersed among various governmental
departments, and are
carried out by services whose functions are
primarily of a practical nature. Thus, there are various governmental
departments in the Territory with competences in the area of the
scientific and technological investigation, the following being
the most important.
347. In the field of Transportation and Public
Works. At the Department for Marine Affairs, the Training School
for Pilots undertakes studies and researches in the area of maritime
and port activities. It collaborates with the Polytechnic Institute
of Macau. It has recently held an exhibition on contemporary maritime
training and certification, and in terms of international cooperation
it has signed an agreement with the Nautical School of the province
of Canton. At the same time the Maritime Museum of Macau carries
out scientific research in the area of marine archaeology, aiming
at the restoration of sunken objects. It is currently preparing
to sign agreements with the University of Macau, for the publication
of books on the History of Macau, and with the Polytechnic Institute
for the holding of exhibitions.
348. The Metereorology and Geophysics Services
carries out shared scientific research with other services in the
Pearl River Delta, namely Hong Kong and the province of Canton,
on violent weather phenomena such as typhoons, floods, heavy rains
and landslides. Seminars are held annually to present and discuss
the research work produced by each body. There is also an agreement
with the Faculty of Sciences and Technology at the University whereby
final year students produce research work in collaboration with
the scientists of the Service. One of these pieces of research,
on the quality of air in Macau, was presented at a Congress in Beijing,
in October 1993.
349. The Civil Engineering Laboratory of Macau
is a non-profit-making body with financial and administrative autonomy.
Although it is part of the Administration, one third of its capital
is held by the Government of Macau. This Laboratory cooperates with
the University of Macau by making its premises and equipment available
to the Faculty of Sciences and Technology for the holding of practical
classes. The Laboratory carries out scientific research at the request
of various bodies in order to control the quality of the materials
used in civil construction.
350. In the area of culture. It is the responsibility
of the CIM to "elaborate, promote and support study and research
work, in the fields of history, arts, literature and cultural heritage"
(art. 23, para. a), Decree-Law No. 63/89/M of 25 September). In
this area CIM's activities include the development of projects,
the award of scholarships and the granting of subsidies.
351. The following are some examples of projects
undertaken or completed during the year 1992:
(a) History: The Portuguese Quarter of Malacca;
Macau. Cultural Interchange between East and West; History of the
Archdiocese of Goa; Various Themes on the History of Macau; Macanese
Families; The Cemetery of Chala; A Chronology of the History of
Macau; A Translation, Annotation and Critical Edition of the Work,
Ou-Mun Kei-Leok; A Selection of Bibliographic Sources and References
on the Relations between Macau and Thailand; A Selection of Documents
on Macau from the Historical Archives of Bombay;
(b) Sociology: The Present and Future of the
Church in China and Macau; State, Society and the Development of
Education in Macau; A General Survey of Macau;
(c) Ethno-linguistics: The Portuguese Language
in the Orient; The Portuguese Heritage in Malacca;
(d) Architecture: Urban Structures of the Discoveries
Period - A Database; Portuguese Urban Structures - Origins, Development
and Morphological Characteristics;
(e) Literature: A Cultural History of Macau
- An Annotation of Ancient Chinese Poetry on Macau; A Concise History
of the Literature of Macau;
(f) History of art: The Art of the Society of
Jesus in China.
352. Scientific research in the field of education
is one of the main principles of the University of Macau. As we
have already mentioned, the University of Macau is a new institution
with eight research centres which cover the different subject areas
that are taught: Business Research Centre; Research Centre on the
Chinese Economy; Centre of Japanese Studies; Research Centre in
Educational Science; Research Centre for Science and Technology;
Centre for Juridical Studies; Research Center on East-West Relations;
and the Macau Studies Centre.
353. In 1993, MOP 283,605 was distributed among
projects that had already been approved, and at the planning stage,
in the following academic areas: Faculty of Sciences and Technology
- (The Environment, Electronics, Quantitative Methods); Faculty
of Human Sciences (Religious Organization in Macau, Security in
China and Asia, Public Services in China); Faculty of Education
Sciences (Pre-school Teaching, Computers and Education, Children
and Mathematical Reasoning); Law Faculty (History, Sociology and
Politics of Law in Macau).
354. Scientific research projects are also supported
by the Macau Foundation which spent MOP 253,000 on such projects
in 1993. Masters students at the University were awarded scholarships
totalling MOP 676,600. The Institute of Software is also funded
by the Macau Foundation.
355. In the field of protection and promotion
of the environment and the quality of life of the population various
actions have been taken to raise the interest and awareness of the
community towards local and global problems.
356. In the area of basic sanitation, an incineration
plant for treatment of solid wastes is already operational. A sewage
treatment plant is currently under construction. Two other basic
sanitation plants for the islands of Taipa and Coloane are currently
357. Actions to control environmental risk are
also being undertaken, at the local and regional levels, both in
relation to the use of energy resources and to urban and industrial
development, aiming always at the achievement of quality of life
in a sustainable environment.
358. The analysis and control of environmental
pollution is also carried out by the local councils. The municipal
laboratory of the Leal Senado carries out:
(a) Systematic control and analysis of the quality
of the water in the public water supply (4 to 6 samples per day);
(b) Chemical control of the quality of the water
in swimming pools, to verify the efficiency of the systems of circulation
and renewal of the water (20 swimming pools);
(c) Analysis of the quality of the water obtained
from wells, in both Macau and the islands (115 samples per year);
(d) Analysis of the coastal waters of Coloane
island in support of the local council with the aim of controlling
(e) Analysis of the quality of air in Macau
in collaboration with the Meteorology and Geophysics Service of
Macau (samples at different times and frequencies).
359. The Portuguese Constitution also protects
freedom of intellectual, artistic and scientific creation (art.
360. The Copyright Code approved by Decree-Law
46,980 of 24 April 1966, published in the Official Gazette No. 2
of 8 January 1972, protects the intellectual property of any creator.
The author's right to dispose of, use or profit from his work is
recognized regardless of whether it has been registered or undergone
any other formality (arts. 1, 4 and 8). The author of intellectual
property shall enjoy the right to assert his role as creator of
the work and safeguard its integrity for the duration of his life
361. Law 4/85/M of 25 November follows the same
pattern in offering protection against illegal copying of records
Table No. 1 - Main Economic Indicators.
Table No. 2 - Number of Students in Higher Education,
Table No. 3 - Number of Students in Higher Education,
by courses followed.
Table No. 4 - Students attending the University
of Macau by nationality.
Table No. 5 - Graduates; cumulative data.
Table No. 6 - Number of grants awarded by academic
Table No. 7 - Number of grants awarded by country
Table No. 8 - Number of grants by nationality.
Table No. 9 - Number of grants by area of studies.
Table No. 10 - Number of grants by type of grant.
Table No. 11 - Teaching staff in Higher Education.
Table No. 12 - Distribution of students according
to levels of education.
Table No. 13 - Scholarships and allowances granted
for purposes of education.
Table No. 14 - Breakdown of Public Expenditure.
* Available for consultation in the files of
LIST OF THE ANNEXED PUBLICATIONS*
1. Dossier of the Legislation on the Status
and General Legal Framework of Macau.
2. "XIII Census of the Popultion, 3rd Survey
on Housing - Overall Results", Department for Statistics and
Census (March 1993).
3. "The Education System in Macau"
(2), Office for Higher Education (March 1992).
4. "Legislation on Higher Education in
Macau". Office for the Support of Higher Education (1992).
* Available for consultation in the files of