CCAC published an investigation report on municipal ordinances and municipal regulations

The CCAC completed an investigation report on municipal ordinances and municipal regulations. At the beginning of this year, during the inspection of an ombudsman case involving the Transport Bureau (DSAT), it was found that the said Bureau has been charging and imposing fines on those who allegedly violated the regulations based on the provisions of the Regulation of Use of the Centre for Driving Lessons and Exams. However, such Regulation was no longer effective since 2nd June 2001. During the investigation of the reasons for the DSAT to apply expired regulations for management and law application, the CCAC found that the Regulation of Use of the Centre for Driving Lessons and Exams is a regulation promulgated by the former municipal body and the problem with the regulation already existed when the Transport Bureau was established. Taking into account that the content of the municipal ordinances and municipal regulations are closely related to the daily life of the residents, particularly in relation to important livelihood issues such as the market management, sales of fresh products, etc., the CCAC deems that it is necessary to conduct a specific study and follow-up on the existing municipal ordinances and municipal regulations, so as to better facilitate the revision and perfection of such laws and regulations. When conducting the preliminary study on the municipal ordinances and municipal regulations that are still in force, the CCAC found that a significant number of norms are already outdated, and there may even be a possible existence of a scenario where the reality of the situation contradicts with the normative content. Thus, a comprehensive follow-up and investigation has been conducted targeting at the normative issues on the Licensing Regulation on the Establishment for Retail of Meat, Seafood, Poultry and Vegetable (hereinafter “Licensing Regulation”) and the Regulation of Municipal Market of the Macao Municipal Council (hereinafter “Regulation of Municipal Market”). The Licensing Regulation stipulates that certain establishments shall be used for selling only one kind of food. For example, those permitted to sell meat shall not sell seafood, poultry, vegetable and fruits. Such provision apparently does not meet the demands related to everyday life and fit for the economic environment nowadays. Meanwhile, some articles of the Regulation of Municipal Market are obsolete or no longer adopted. Being too superficial and abstract, they are insufficient to provide an efficacious system of inspection and punishment. In this sense, it is difficult to effectively regulate the operation of the markets. Therefore, the CCAC recommends the DSAT to formulate a new set of rules about the use and management of the Centre for Driving Lessons and Exams as soon as possible in order to fill the gap in the legal system left by the extinguishment of the Regulation of Use of the Centre for Driving Lessons and Exams; and the Civic and Municipal Affairs Bureau to revise Article 3 of the Licensing Regulation - which restricts certain establishments from selling more than one kind of food, to conduct a complete review and revision of municipal ordinances and regulations including the Regulation of Municipal Market so as to amend and perfect the provisions which do not fit in with the reality of everyday life but are still in force. For the detailed content of the investigation report, please visit the CCAC’s website.

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