論澳門特別行政區應急法制建設之動因、基礎、挑戰與對策

Macao has experienced many natural disasters, accidental disasters and public health incidents throughout its history. Following Macao’s handover, the legal emergency legal system, centered around the Civil Defense Legal System as the core and consisting of other laws, administrative regulations and policy-based administrative plans has been gradually improved. At the same time, the administrative emergency system has been established based on the emergency legal system, and each administrative organization and its authority have been clarified. However, various disasters in recent years have brought challenges to Macao’s emergency legal system. In response, the Macao SAR Government provides protection for the right to survival through administrative actions such as open licensing, administrative funding, legal authorization and administrative delegation. The disclosure and circulation of various disaster prevention and control information is in line with essence of rule of law civilization, which is a highlight worthy of attention and reference. However, a mechanism for exemption of medical observation fees in individual cases should still be established to reflect the protection of reliance interests and guarantee of property rights. When necessary, the local data system should be connected to the State Council’s government service platform, just like the systems of mainland Chinese provinces, to achieve “two-way mutual recognition and exemption”, to improve the effectiveness of disaster prevention and mitigation while complying with the requirements of the Basic Law and local laws. Under the unified leadership of the central government, overall emergency regional cooperation should be established with mainland Chinese provinces, with a focus on the Guangdong-Hong Kong- Macao Greater Bay Area. Through the improvement of disaster response mechanisms, the development level and completeness of Macao’s emergency legal system will be comprehensively improved.