It was only at the beginning of the 17 th century, in 1627, that the Macau Holy House of Mercy came to be regulated by statutes similar to those of counterparts. In the "Commitment", as its statutes were known, the principles laid down in the regulatory documents of the Lisbon and Goa Brotherhoods were adapted to the specific reality of Macao. But it must be stressed that the Head of the Brotherhood at the time, Leonel de Sousa Lima, was very concerned for the new text to reflect the specific situation in Macao. This is borne out by his recommendation to the Brothers responsible for the reformulation that "that which seems to be in accordance with the quality and usage of the land " be published, and "that which does not serve" be removed.
Chapter 1 of the 1627 Statutes stipulates that the objective of the Confraternity and Lay Fraternity of the Macau Holy House of Mercy is "to bring to fruition the works of the Holy House of Mercy, some of which are spiritual, and others corporal". It then goes on to specify that the seven spiritual works of the Holy House of Mercy are: to give good advice, teach the ignorant, console the sad, punish those who err, pardon insults, suffer with patience the weaknesses of our fellow men and pray to God for the living and the dead. As for the Holy House of Mercy's corporal duties, they comprised: provide food to the hungry, give drink to those with thirst, cloth the naked, visit the sick and the incarcerated, shelter the pilgrims, redeem those imprisoned and bury the dead.
The current text of the Commitment is as follows:
Commitment
of the Macau Holy House of Mercy
CHAPTER I
Definition, head-office and purpose
Article one
(Definition)
The Fraternity of the Macau Holy House of Mercy, or Macau Holy House of Mercy; hereinafter referred to as Fraternity, established in 1569 by Bishop Belchior Carneiro, is an institution of public utility, in the form of an association.
Article two
(Head-office)
The Fraternity has its head-office in the City of the Name of God of Macau, and its office is located on Travessa da Misericórdia, number two.
Article three
(Duration)
The Fraternity has unlimited duration.
Article four
(Purpose)
One The purpose of the Fraternity is to give organized expression to the moral duty of solidarity and social justice, within the catholic spirit and of Christian charity, which shapes the Portuguese Holy Houses of Mercy, as well as to give continuity to the following objectives, among others, through the provision of benefits and services:
Family assistance;
Assistance in social and community integration; and
Protection of the elderly and citizens with disability and in all situations of need or of depletion in the means of subsistence or capacity to work.
Two In addition to the purposes listed above, the Fraternity may carry out other non-profit activities, provided they are compatible with those purposes.
Article five
(Field of Action)
The Fraternity shall develop its activities mainly in the territory of Macau.
CHAPTER II
Brothers
Article six
(Members)
One The Fraternity is composed by the following categories of members:
Effective;
Of Merit; and
Honorary.
Two The members have the designation of Brothers.
Article seven
(Effective Brothers)
Those individuals, with more than eighteen years of age, born or with permanent residence in Macau, and who have an affective relationship with Macau as well as identifies with, and are committed to contribute to the prosecution of the Fraternity`s objectives, may be admitted as Effective Brothers.
Article eight
(Limit of Effective Brothers)
The number of Effective Brothers is determined at three hundred. This limit may be increased to three hundred and fifty by deliberation of the Table of Directors and above that number, by deliberation of the General Assembly.
Article nine
(Admittance)
The admission of Effective Brothers is processed by means of a proposal undersigned by two Brothers and is dependable of the approval, by secret ballot, of the Table of Directors.
Article ten
(Loss of Effective Brother capacity)
Individuals who, by exoneration or by being absent from the territory for more than one year, cease to be Effective Brothers, except when the Table of Directors deems such absence as justified.
Article eleven
(Brothers of Merit and Honorary Brothers)
One Brothers of Merit are individuals or legal persons who, through their actions in favour of the Fraternity, show themselves worthy of such distinction.
Two Honorary Brothers are individuals or legal persons who deserve such recognition by reason of relevant services rendered to the Fraternity
Three Brothers of Merit and Honorary Brothers are announced by the General Assembly, upon proposal made by the Table of Directors.
Article twelve
(Rights)
One The Brothers have the following rights:
To attend general meetings, to vote, to elect and to be elected;
To request that an extraordinary General Assembly be convened;
To propose the admittance of Brothers;
To appeal to the General Assembly against any deliberation of the Table of Directors which they consider as an infringement of their rights or prejudicial of the Fraternity's interests;
To request to be excused from an office to which they have been elected, when such request is justified by ponderous reasons, namely, sickness or permanent absence from the territory.
To visit any of the Fraternity's facilities;
To enjoy any other rights which are conferred by the General Assembly or by the Table of Directors.
Two The rights listed in a) to c) above are exclusive to Effective Brothers, which they will continue to enjoy even when proclaimed Honorary Brothers or Brothers of Merit.
Article thirteen
(Responsibilities)
One The Brothers have the following responsibilities:
To observe and comply with the Fraternity's Commitment and rules;
To comply with decisions made by the governing bodies;
To carry out the responsibilities required by the offices to which they are elected or designated, without prejudice to the terms of number one, paragraph e) of the precedent article;
To contribute to the Fraternity's good name, prestige and progress;
To pay their membership fee and other required expenses; and
To compensate the Fraternity for any material damage they may cause.
Two Brothers of Merit and Honorary Brothers are exempted from the responsibilities listed in paragraphs c) and e) of the precedent number.
Article fourteen
(Infringement of Duties)
Non-compliance of the obligations referred to in the Commitment or in the Fraternity's rules, for which no special sanction is established, shall subject the infractor Brother to the penalties prescribed and applicable in Article Fifty.
Article fifteen
(Exclusion)
One Brothers will be excluded from the Fraternity if:
They fail to pay the Fraternity any arrears for a period of more than six months; and
Refuse to serve office to which they have been elected or named, without a justified motive.
Two Exclusion is declared by the Table of Directors and notified to the respective party.
Article sixteen
(Re-admittance)
One The Brother excluded under the terms of paragraph a) of the previous article may be readmitted once the outstanding amount is settled.
Two Readmission shall follow the same procedure as prescribed in article nine.
CHAPTER III
Governing Bodies
SECTION I
General Dispositions
Article seventeen
(Specification)
The Fraternity's governing bodies are the General Assembly, the Table of Directors and the Supervisory Committee.
Article eighteen
(Election and commencement of office)
One The effective office-holders of the governing bodies and the respective substitutes are elected under the terms of articles sixty-three to sixty-nine.
Two The commencement of office begins on the first working day of January following the election.
Article nineteen
(Ineligibility)
One The following Effective Brothers are ineligible to hold office:
Those owing debts to the Fraternity, namely membership fees;
Those holding a contract or a dispute with the Fraternity, which does not include rental contracts, as long as the related payments are regularly settled.
Paid employees of the Fraternity, whether in service or retired and, generally, any other Brothers who work for pay in the Fraternity with the exception of the ones on medical practice.
Two Office holders, who have been declared answerable in a court of law, guilty of irregularities committed during their mandate or who have been relieved of their responsibilities, may not be re-elected.
Article twenty
(Tenure of office)
The tenure of those holding office in the governing bodies is two years and re-election for one or more mandates is allowed.
Article twenty-one
(Loss of office)
Those holding office in the governing bodies shall lose their mandate if they abandon office, submit their resignation, or are expelled or punished with suspension.
Article twenty-two
(Filling of vacancies)
One The offices of effective members of the governing bodies that become vacant, will be filled by nomination in an Extraordinary General Assembly to be convened within fifteen days after the occurrence of the vacancy, under the following terms:
In the case of offices in the Board of the General Assembly and of the Supervisory Committee, which cannot be filled by calling substitutes to become effective members, the nomination will be in accordance with the proposal submitted by the remaining effective members of each governing bodies.
In the cases of the offices of the President of the Table of Directors, of the Secretary and of the Treasurer, the designation will be in accordance with the proposal submitted by the remaining effective members of the Table of Directors.
In the case of the office of other Directors that cannot be filled by calling their substitutes to become effective members, the designation will also be in accordance with the proposal submitted by the remaining effective members of the Table of Directors.
Two The new designated effective members nominated or called to become effective members shall hold office until the end of that mandate.
Article twenty-three
(Incompatibility)
No Brother may hold more than one office, simultaneously, in the governing bodies.
Article twenty-four
(Impediments)
One If a member of one of the governing bodies has direct or indirect interest in any matter under appreciation in a meeting of the body to which that member belongs or, if the matter under appreciation pertains to the spouse, to a close relative or to any collateral relative up to the third degree of kindred, or to anyone with whom that member has lived for over a year, such nature of interest should be disclosed as soon as is acknowledged, so that it may be registered in the minutes and in the absence of disclosure of such interest. Any other member of the governing body may do so.
Two The members referred to in the previous paragraph may not take part in the discussion or settlement of the matter under appreciation and are not taken into account for the purposes of the deliberative quorum.
Article twenty-five
(Duty to vote)
Those holding offices in the governing bodies may not abstain from voting during meetings at which they are present, notwithstanding their right to declare their disagreement by declaration of vote which will be duly inserted in the meeting minutes.
Article twenty-six
(Conditions for holding office)
One Any office held in the governing bodies is without salary but expenses incurred by reason of duties carried out may be repaid.
Two When the complexity of administration or the work load require extended presence of one or more office-holders of the governing bodies, they may be waged with a salary, with prior authorisation given in the General Assembly, at which time, the conditions of payment will also be stipulated. A vote in favour is required from three fourths of the Brothers present at the General Assembly.
Article twenty-seven
(Meeting minutes)
One At the end of every meeting the meeting minutes should be drawn up recording the essential occurrences and which will be signed by all those present.
Two The paragraph above does not apply to the minutes of the General Assembly meetings which should be signed by the members of the respective Board.
Three To allow the minutes to be recorded using mechanical means, the meeting minutes book may consist of booklets or loose sheets, and which should contain opening and closing terms and its pages signed, while being used and bound in volumes of not more than one hundred and fifty pages.
SECTION II
General Assembly
Article twenty-eight
(Composition)
The General Assembly is composed by all Effective Brothers fully enjoying their rights and shall be convened by means of written notice sent through courier to each of the Brothers with a minimum advance of eight days; the notice will refer the date, time and place of the meeting and the respective agenda.
Article twenty-nine
(Meetings)
One The General Assembly shall ordinarily be held before the last day of March of each year in order to analyse the report and accounts from the Table of Directors and the opinion of the Supervisory Committee relating to the previous fiscal year, as well as to deliberate on any other matter specified in the call notice.
Two The election for the offices of the governing bodies shall take place in ordinary meetings, held every two years and during the month of November.
Three Extraordinary General Assemblies are convened by initiative of the Board of the General Assembly, the Table of Directors, the Supervisory Committee or by a group of ten or more Effective Brothers in the full enjoyment of their rights, not including in this number, the members serving on the Table of Directors.
Article thirty
(Constitutive quorum)
One The General Assembly shall be in session at the time scheduled in the call notice, with a majority of the Effective Brothers, or, half an hour later if ten Brothers are present, not counting the members serving on the Table of Directors.
Two If there is a lack of quorum, a second call notice shall be sent, with a minimum interval of eight days and the General Assembly will then be considered as regularly constituted with any number of Brothers.
Article thirty-one
(Deliberative quorum)
One Unless otherwise stated in the following articles, deliberations are taken by the absolute majority of the votes of the Brothers present and are only valid when they concern matters listed in the call notice.
Two The deliberations taken are binding to all Brothers, present or absent from the meeting.
Article thirty-two
(Qualified quorum)
One Deliberations pertaining to changes to the present Commitment require a favourable vote from three fourths of the number of Brothers present.
Two Deliberations regarding the dissolution of the Fraternity require a favourable vote from three fourths of all the Fraternity's members.
Three After two sessions at which no constitutive quorum is reached as required in the previous paragraph, a deliberation regarding dissolution may be reached in the following meeting with votes in favour from three fourths of the Brothers present.
Article thirty-three
(Individuality of vote)
Voting by proxy or by correspondence is not permitted.
Article thirty-four
(Competence)
The General Assembly, as the sovereign body of the Fraternity, is responsible for the assessment on all matters of the associative activities, namely:
Electing the office-holders in the governing bodies by secret ballot;
Approving the Fraternity's Commitment and alterations thereto;
Approving the Fraternity's budget and supplementary budgets;
Approving the Table of Directors' report and accounts and the appraisal of the Supervisory Committee;
Authorising the Table of Directors to purchase, sell or encumber immovable or movable assets;
Authorising the Table of Directors to take out loans, which shall be preceded by a favourable opinion from the Supervisory Committee;
Authorising the Table of Directors to make donations of amounts over fifty thousand patacas;
Assessing appeals submitted to General Assembly against deliberations of the Table of Directors;
Applying the sanctions prescribed in article fifty, number one, paragraphs c), d) and e);
Proclaiming Brothers of Merit and Honorary Brothers or cancelling any proclamation, upon proposal from the Table of Directors;
Dissolving the Fraternity; and
Deliberate on any other matter that is submitted to the General Assembly.
SECTION III
Board of the General Assembly
Article thirty-five
(Composition)
One The Board of the General Assembly comprises of a Chairman and two Secretaries.
Two The three effective members and their respective substitutes are jointly elected.
Three In the event of the absence or impediment of any of the effective members, and if the respective substitute is not able to take over, an ad hoc replacement will be chosen in the General Assembly from among the Brothers present.
Four The responsibilities of the chairman are:
To convene meetings, open and close meetings, and conduct the respective tasks;
To institute office elected or nominated members of the governing bodies; and
To call the substitute members of the Board of the General Assembly into effectiveness in the case as foreseen by article twenty-two, except when the person being called to office is the substitute chairman in which case such competence falls to one of the secretaries.
Article thirty-six
(Secretaries)
The responsibilities of the secretaries are:
To assist the chairman of the Board of the General Assembly during meetings;
To carry out tasks assigned to them by the chairman; and
To draw up the minutes of the meetings and oaths of office, and sign them along with the chairman.
SECTION IV
Table of Directors
Article thirty-seven
(Composition and working methods)
One The Fraternity is managed by a Table of Directors consisting of:
The president;
A secretary;
A treasurer; and
Two other members.
Two Two substitutes of these members are elected along with the other effective members.
Three The Table of Directors usually meets once a week and extraordinary meetings may be called whenever the president or two of its members deem such as necessary.
Four Deliberations are taken by majority of votes and in the event of a tie, the president of the Table of Directors has the casting vote.
Five The Table of Directors is only exonerated from its responsibilities after the report and accounts for the last year of its mandate are approved in the General Assembly.
Six The members of the Table of Directors are known as Board Members.
Article thirty-eight
(Competence)
One The Table of Directors is responsible, within the scope of the organisation and operation of services, as well as in the daily management;
To carry out and undertake to uphold the deliberations approved by the General Assembly;
To approve the staff list, to create and abolish staff posts and to define salaries and other remunerations;
To appoint and hire staff as necessary for the smooth running of the services;
To retire staff working for the Fraternity and define the amount of their retirement and surviving pensions;
To supervise the management and guidance of the staff working for the Fraternity;
To collect revenues and to authorise and pay expenses;
To grant such contracts as are required for the proper operation of the Fraternity's services;
To make provisions of insurance policies to cover the Fraternity's activities;
To file lawsuits and defend itself in them, and also being able to confess, desist or consent;
To promote all activities required during the daily administration and upkeep of the Fraternity's assets;
To prepare and update the register of the Fraternity's movable and immovable assets;
To purchase or rent any movable assets required for the regular operation of services and, with authorisation obtained in the General Assembly, purchase, sell or encumber immovable assets;
To rent out immovable assets, to set the amount of rent and other rental conditions, and to sign the respective contracts;
To make donations up to a limit of fifty thousand patacas;
To accept donations, legacies and inheritances on behalf of the Fraternity for the benefit of inventory;
To carry out any registration procedures which are of the competence of the Fraternity;
To define the prices to be charged for services rendered by the Fraternity whenever such services are not free of charge;
To approve the internal rules and regulations required for the operation of the services;
To modify or revoke acts carried out by members of the Table of Directors while performing their own or delegated competence;
To organize sectoral areas of responsibility to Board Members, when deemed necessary or convenient.
Two In regards to its relationship with the General Assembly, it is the competence of the Table of Directors to prepare and submit the following for their respective approval:
The Fraternity's budget and supplementary budgets;
The management report.
Three The Table of Directors is also responsible for:
Admitting and excluding Brothers;
Defining the join-in fee and monthly fee, upon advice of the Supervisory Committee;
Defining the maximum number of Brothers, taking into account the terms of article eight;
Proposing the election of Brothers of Merit and Honorary Brothers;
Requesting extraordinary General Assemblies, according to the terms of number three of article twenty-nine;
Requesting reports from the Supervisory Committee;
Facilitate the inspection of the accounts and bookkeeping by the Supervisory Committee.
Deciding on the preventive suspension of Brothers and to propose to the General Assembly the application of the sanctions prescribed in article fifty, paragraphs c), d) and e);
Applying the sanctions prescribed in article fifty, paragraphs a) and b); and
Invest and utilize the Fraternity's assets and revenues, taking into account the opinion from the General Assembly, if such is deemed necessary or convenient.
Article thirty-nine
(Competence of the President)
One Competence of the President of the Table of Directors is to:
Preside over the meetings of the Table of Directors;
Represent the Fraternity in and outside of court;
Put the deliberations taken by the Table of Directors in practice and co-ordinate its activity;
Convene extraordinary meetings of the Table of Directors, according to the terms of number three of article thirty-five;
Authorise the payment of budgeted expenses in accordance with the deliberations of the Table of Directors, or independently, of deliberation up to the amount authorised by the Table of Directors;
Sign documents pertaining to revenue;
Sign the opening and closing terms of the minutes book and of the accounts books, initial the respective pages or thereby apposing its seal.
Sign the orders for payment of expenses along with the Secretary and the Treasurer;
Sign or visa the correspondence from the Table of Directors to any public or private institutions;
Call the substitutes of the two other members to office, in the situation described in article twenty-two; and,
Carry out any duties delegated under the terms of number one of the preceding article, or those conferred by the Commitment, by the internal regulations or by deliberation of the Table of Directors.
Two The President of the Table of Directors may delegate his competences to the Secretary, the Treasurer or to any Board Member, and may at any time cancel the delegation or arrogate the competences.
Three The President of the Table of Directors is substituted, in his absence or impediment by the Secretary or, in the latter's absence or impediment, by the Treasurer.
Article forty
(Delegation of Competence)
One The competence referred in number one of article thirty-eight, may be delegated to the Secretary, the Treasurer or any Board Member, by proposal of the President, followed by approval of the Table of Directors.
Two The Table of Directors may, at any time, cease the delegation or call over the delegated competences.
Three Acts carried out while executing delegated or sub delegated competences are revocable by the delegators, in accordance with the terms of law for act revocation by the delegator.
Four Appeals may be submitted to the plenary meeting of the Table of Directors against decisions taken by the President, the Secretary, the Treasurer or the two members while in the exercise of competences of the Table of Directors which were delegated or sub delegated to them, and without prejudice of a litigious appeal.
Five Appeals submitted to the plenary meeting of the Table of Directors may be based on the violation of the Commitment or the internal regulations, inappropriateness or inconvenience and shall be judged within sixty days after its reception.
Article forty-one
(Competence of the Secretary)
Competence of the Secretary is to:
Assist the President in the exercise of his office;
Oversee and supervise the archive and secretarial services;
Carry out any delegated competence in accordance with the precedent article bestowed upon him by deliberation of the Table of Directors;
Sign the orders for payment of expenses along with the President and the Treasurer; and
Substitute the President in his absence and impediment.
Article forty-two
(Competence of the Treasurer)
The competence of the Treasurer is to:
Assist the President and the Secretary in the exercise of their office;
Oversee and supervise treasury operations;
Carry out any delegated competence in accordance with the precedent article bestowed upon him by deliberation of the Table of Directors;
Substitute the Secretary in his absence or impediment; and
Sign the orders for payment of expenses along with the President and the Secretary.
Article forty-three
(Competence of the Effective Members)
The competence of the Effective Members is to:
Supervise the Fraternity's activities in areas specially assigned to them by deliberation of the Table of Directors;
Assist the President, the Secretary and the Treasurer in carrying out their office and to substitute the latter two in their absence or impediment; and
Carry out any delegated competence in accordance with the precedent article bestowed upon them by deliberation of the Table of Directors.
Article forty-four
(Substitute Members)
It is the obligation of the substitutes of the members by order of their seniority as Brothers, to substitute the effective members in their absence or impediment.
Article forty-five
(Binding of the Fraternity)
One The Fraternity is only bound if the respective acts or documents contain the signatures of the President, the Secretary and the Treasurer of the Table of Directors or of those substituting for them, in case of their absence or impediment.
Two Notwithstanding, in certain cases when one or more members of the Table of Directors are expressly authorized by the Table to sign on behalf of the Fraternity.
Three Mere daily matters may be signed by the President or by the Board Member designated for such purpose by the Table of Directors, but it is hereby consigned that the signing, change, rescission or revocation of contracts are not considered as such, neither is the intervention, in whatever capacity, in cheques, promissory notes, written orders for payment or other documents causing debt.
SECTION V
Supervisory Committee
Article forty-six
(Composition)
One The Supervisory Committee consists of:
A Chairman;
A Secretary; and
A Rapporteur
Two An equal number of substitutes are elected jointly with the designation of the members of the Supervisory Committee.
Three The Supervisory Committee is also designated, as the Council of Definitors.
Article forty-seven
(Competence)
The competence of the Supervisory Committee is to:
Issue its opinion on the annual report, accounts and budgets;
Issue opinion on matters submitted by the Table of Directors;
Request the convening of extraordinary general assemblies when it deems necessary; and
Attend, when it wishes, the meetings of the Table of Directors.
Article forty-eight
(Operation)
One The Supervisory Committee has an ordinary meeting once every month, and shall meet extraordinarily, by initiative of the Chairman.
Two Deliberations are taken by majority of votes and in the event of a tie, the Chairman has the casting vote.
Article forty-nine
(Auditors or Chartered Accountants)
The Fraternity may use the services of qualified auditors or of chartered accountants, of recognised competence and appropriateness.
CHAPTER IV
Discipline
Article fifty
(Penalties)
One Brothers violating the responsibilities established in the Commitment and in the internal regulations of the Fraternity, depending on the gravity of the offence, will be punished with the following sanctions:
Warning;
Written reprimand;
Suspension of up to six months;
Suspension for a period of more than six months; and
Expulsion.
Two With the exception of the warning, no other penalties may be applied without prior hearing of the alleged offender.
Three Disciplinary ction does not exonerate the member from responsibility for the payment of the due indemnization for damages caused to the Fraternity.
Four The following are considered attenuating circumstances:
Previous record of good behaviour;
Good services rendered to the Fraternity;
In general, any fact that diminishes the responsibility of the infractor.
Five The following are considered aggravating circumstances:
The infractor being or having been a member of the Fraternity's governing bodies;
Reoccurrence;
Accumulation of infractions;
The infraction having been committed while still under a disciplinary sanction;
The infraction resulting in discredit for the Fraternity.
Six Reoccurrence take place when the infractor, having been punished for any fault, commits another of the same nature within the period of one year.
Seven Accumulation occurs when two or more infractions are practiced on the same occasion or when one or more are committed before the punishment of the previous one.
Article fifty-one
(Disciplinary powers)
The application of the penalties prescribed in paragraphs a) and b) of number one of the precedent article is the competence of the Table of Directors, and those referred in paragraphs c), d) and e) of the same precept is the responsibility of the General Assembly, upon proposal by Table of Directors.
Article fifty-two
(Incompatibilities)
One Those individuals who, directly or indirectly, exercise offices deemed incompatible with the exercise of those positions, cannot take paid positions in the Fraternity.
Two In general, all activities carried out directly or indirectly that may put in question the impartiality or integrity with which all office-holders of the Fraternity should carry out their work, and in particular, any commercial or industrial activity or in the professional area, are incompatible.
Three The disposition in the precedent number above is not applicable to medical doctors at the service of the Fraternity, or to those working for the Fraternity on an occasional regimen, as well as those co-operating with instructions in an indifferent or ideal manner.
Four Those agents who fall within the scope of number two of this article must cease the private activities they are carrying out, on the date this Commitment comes into force.
Five Authorisation may be given for remunerated jobs not foreseen in number two of this article, but the authorization should be given case by case, and always without prejudice of the respective interested party fully complying with his working schedule with the Fraternity.
Article fifty-three
(Disciplinary system)
The disciplinary system applicable to the Fraternity's remunerated staff will be defined in separate regulations to be approved by the General Assembly upon proposal by the Table of Directors.
CHAPTER V
Assets and Financial System
Article fifty-four
(Estate)
The assets of the Fraternity are constituted by its current and future assets.
Article fifty-five
(Revenue)
One The revenues of the Fraternity are ordinary and extraordinary.
Two Ordinary revenues are:
Earnings from its own assets;
Membership fees paid by the Brothers;
Allowances for retirement and survivorship pensions paid by the workers of the Fraternity;
Retribution paid by users of the Fraternity's services; and
Subsidies granted by the Government of the Territory on a regular and permanent basis as compensation for services rendered.
Three Extraordinary revenues are:
Legacies, donations and inheritances;
Loans;
Sale of assets;
Occasional subsidies granted by the Government of the Territory;
Revenue that, by its nature, is unlikely to be repeated in successive fiscal years;
Property of the users that are not legitimately claimed by the respective owners within a year.
Article fifty-six
(Expenditure)
One The expenditures of the Fraternity are ordinary and extraordinary.
Two Ordinary expenditure are:
Those resulting from the execution of this Commitment;
Those resulting from the fulfilment of the Fraternity's responsibilities;
Those that ensure the conservation and repair of property and maintenance of services, including salaries, pensions and other remunerations to the Fraternity's staff;
Those resulting from the transportation of users, office-holders and staff, , whether working for the Fraternity or in benefit of users; and
Any other expenses of a continuous and permanent nature that are in accordance with the law and with the statutory objectives.
Three Extraordinary expenditure are:
The expenses of building and fitting out new buildings, its improvements and extensions made to already existing buildings;
The expenses of immovable assets and chattel;
Donations granted by the Fraternity; and
Any expenses which are justified by reason of their usefulness or necessity and that are authorised by the General Assembly or by the Table of Directors;
Article fifty-seven
(Fiscal year)
The fiscal year is the calendar year and the Fraternity's accounts are closed on the thirty-first of December.
Article fifty-eight
(Monthly balance sheet)
One Every month a Balance sheet will be drawn up showing the transactions in cash and equivalent assets that have taken place during that period.
Two The balance sheet should be submitted to the Table of Directors in the first ordinary meeting of the following month for appreciation and approval.
Article fifty-nine
(Books)
The Fraternity Registrar shall be kept account books, records and complementary books, which are deemed necessary for clarity of bookkeeping and of the whole activity of the Fraternity.
Article sixty
(Deposits)
One The capitals of the Fraternity shall be deposited, at demand or time deposits in financial institutions with head-offices in the Territory of Macau or elsewhere.
Two The paragraph above does not apply to amounts of money strictly required for the normal daily activity of the Fraternity.
Article sixty-one
(Assessment of accounts)
One The Institution shall submit its annual accounts report, within the legal conditions and terms, for the consideration of the competent Court.
Two The Table of Directors is responsible for submitting the report.
Article sixty-two
(Exception)
When, by reason of force majeure, the Fraternity's annual budget is not approved by the 31st of December, the budget from the previous year, shall remain in force for the following fiscal year, on a duodecimal system.
CHAPTER VI
Elections and electoral process
Article sixty-three
(Form of election)
The office-holders in the governing bodies and their respective substitutes, are elected from among the Effective Brothers in the full enjoyment of their rights, in Ordinary General Assembly by presential and secret vote and in joint lists.
Article sixty-four
(Presentation of candidacy lists)
One The candidacy lists shall be submitted by the respective leaders at the Fraternity's Secretariat Services, against receipt, until the tenth day before the electoral act.
Two Lists that do not contain the totality of effective and substitutes members are not acceptable.
Three The lists of candidacy must be enclosed with the declarations of acceptance from each candidate on the list.
Four No candidate may be included in more than one list of candidacy.
Article sixty-five
(Assessment and publication of the list of candidates)
One Within forty-eight hours after the respective reception, the Fraternity's Secretariat Services will verify the eligibility of the Brothers composing each list, in accordance with article nineteen.
Two If any of Brother integrated on any a list is found to be ineligible, it will be immediately conveyed to the leader of the list, to indicate, within forty eight hours, another Brother in place of the ineligible one.
Three The ineligibility of any of the candidates, verified by the Secretariat Services may be immediately appealed to the Board of General Assembly, who must decide on the matter within the following twenty-four hours.
Four The composition of the lists is communicated to the Brothers by the Secretariat Services, until t three days before the electoral General Assembly and posted at the same meeting in a visible place.
Five The lists of candidates are referred by sequential alphabetic letters, in accordance with the order of its presentation in the Secretariat Services.
Article sixty-six
(Convening of General Assembly)
The General Assembly is held in the month of November of the second year of the mandate in progress and should be convened with a minimum of fifteen-day prior notice.
Article sixty-seven
(The electoral act)
One The electoral act is presided by the Board of the General Assembly.
Two Upon the beginning of the meeting, the Chairman of the Board shows the ballot box to those present.
Three The electoral act proceeds in continuous session, for a period of two hours, starting from the commencement of the meeting.
Four Each list may nominate a representative to follow the election, with power of immediate appeal to the Board whenever deeming that an irregularity has been committed, and with the Board having the responsibility to decide immediately.
Five The vote is realized by the deposition in the ballot box, of the list by the chosen voter, folded in four, who is discharged in the list of Brothers by the secretaries of the Board.
Article sixty-eight
(Null vote and blank vote)
One A vote is considered null when the voter has made an erasure, cut or added names, drawings or any other mark on the list.
Two A vote is considered blank when it is expressed in a piece of paper without words, of the same colour, format and dimensions of the lists.
Article sixty-nine
(Ascertainment of results)
One Once the voting period has terminated, the Chairman of the Board declares the election as closed.
Two The Board proceeds immediately with the counting of the votes, its identification and the ascertainment of the final result.
Three After this operation is terminated, the President of the Board announces the winning list and closes the session.
Four The list that obtains the absolute majority of the validly expressed votes is declared the winner.
Five In the event of a draw or lack of absolute majority, the Chairman of the General Assembly shall convene a new extraordinary general assembly, to take place within the following twenty days.
CHAPTER VII
Final and transitional dispositions
Article seventy
(Symbol and flag)
The Fraternity retains its current symbol and flag.
Article seventy-one
(Day of Mercy)
The Fraternity will celebrate The Day of Mercy, on the 2nd of July of each year.
Article seventy-two
(Benefactor Brothers)
The Brothers who were declared benefactors under the previous Commitment, shall retain this status and are entitled to the same rights granted by these Commitment to Brothers of Merit and Honorary Brothers.
Article seventy-three
(Destination of assets)
In case of dissolution of the Fraternity its assets will have the following destination:
a) Those given or left with any duty or that are affected to a certain purposes, will be attributed to another legal person, with the same duty or affectation.
b) Those that are not included in the previous paragraph shall have the destination as decided by the General Assembly having in attention the achievement of objects similar to those prosecuted by the Fraternity.
Article seventy-four
(Enforcement)
This Commitment come into effect on the day of its publication in the Macau Official Gazette, including the alterations now introduced and the respective republication of the new integral text, replacing, for all effects, those previously approved and the alterations that were made to them.
Article seventy-five
(Omissions)
Any omissions and questions resulting from the application of this Commitment will be resolved by deliberation of the General Assembly.
Remarks:
This version has been in force since November 5, 1997, the date of its publication in the Official Gazette.
The publication of the Commitment on this website is intended for informational purposes and does not exempt the consulting of the version published in the Macau Official Gazette, no. 45, Series II, dated November 5, 1997.
