MACAU SAR, CHINA Law and Practice Contributed by: João Nuno Riquito, Bruno Almeida and Daniel de Senna Fernandes, Riquito Advogados
dural matters and, in limited circumstances, decide on the merits. 7.4 Rules That Govern Admission of Evidence All relevant evidence should be submitted or request- ed during the written submissions stage. The parties have a further opportunity to amend and complement these requests, when the court (after the written sub- missions and prior to the trial) decides on the facts that are already established and those which need further assessment during trial. Documents, witnesses and other evidence may be further added during trial, with limitations. Depositions from the plaintiff and the respondent, expert testimony and the hearing of witnesses will typ- ically take place during the trial, unless circumstances make it impossible to do so, in which case they will be produced beforehand (including in writing). The key principle, in terms of admission of evidence, is that no evidence shall be considered without the counterparty having an opportunity to analyse and contradict it. 7.5 Expert Testimony The court and/or any of the parties may select a sub- ject or matter which they feel requires expert opinion or guidance due to its highly specialised nature and request that such expertise be provided, for the pur- pose of which one or more experts will be appointed. In this event, although the expert’s report is produced out of court and delivered before the trial, the expert may be called to testify before the court during the trial regarding any question or request for clarification arising from their report. In certain circumstances, the court may order the pro- duction of a second expert opinion. 7.6 Extent to Which Hearings Are Open to the Public See 1.3 Court Filings and Proceedings . Furthermore, although hearing and trial minutes are produced in writing, detailed transcripts are not pre- pared or kept.
Audio recording of testimonies may be requested by the parties or ordered by the judge; however, when such testimony is not made before the court, record- ing is mandatory. Minutes and recordings will be kept in the court file and access to it is generally granted to parties, law- yers and persons with a justified interest, without prej- udice to limitations when access is deemed to violate an individual’s dignity and privacy, offend morality, or jeopardise the court’s final judgment. 7.7 Level of Intervention by a Judge Stemming from four centuries of Portuguese admin- istration, the Macau SAR’s legal system is typically inquisitorial, with great emphasis being put by the Macau SAR’s Code of Civil Procedure on the court’s duty to provide for the harmonious and prompt pro- gress of the proceedings, from inception to com- pletion. Besides assuring the legality of the parties’ procedural actions, the judge has the power to order actions that may be necessary to ensure the fulfilment of procedural requirements or to invite the parties to do so, as well as the power to perform or order actions that they deem necessary for the establishment of the relevant facts and for a fair trial and judgment. The judge also has the power to adjust certain rules of procedure, when they deem this to be adequate con- sidering the particulars of the case. The judge is also in charge of presiding over hearings and trials, where they supervise all of the intervening parties’ actions, and ensure the compliance with the rules and legality of those actions, so as to keep order, when and where necessary or convenient. 7.8 General Timeframes for Proceedings Although the Macau SAR’s Code of Civil Procedure provides for strict deadlines for filing pleadings, per- forming procedural acts, and the like, there is no gen- eral timeframe for proceedings and their length may vary depending on a variety of internal and external factors, including: • the complexity of the subject matter; • the constancy of all those involved; and • the absence of interruptions, such as the hearing of intermediate appeals with suspensory effect.
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