MACAU SAR, CHINA Law and Practice Contributed by: João Nuno Riquito, Bruno Almeida, Bernice Kwok and Daniel de Senna Fernandes, Riquito Advogados
The Court of Final Appeal is the highest court in the hierarchy and its primary competencies are to review appeals from decisions of the Court of Second Instance and to standardise juris- prudence. It is currently composed of only one section with a panel of three judges, with com- petence to review all matters. Exceptionally, however, the Court of Second Instance and the Court of Final Appeal may serve as courts of first instance in relation to cer- tain matters, or in certain matters involving cer- tain entities that benefit from a forum privilege. 1.3 Court Filings and Proceedings The proceedings are open to the public, save as otherwise provided by law. This does not mean, however, that any person can inspect the pro- ceedings. Lawyers have the ability to inspect any proceedings and obtain copies. The parties may inspect their own proceedings and obtain cop- ies. Other than that, all other persons must have a legitimate reason to access the contents of the court filings and proceedings. The court hearings are, however, in principle, entirely public and any person may attend. The court may (on its own initiative or by request of any of the parties), exceptionally, establish limitations on the public nature of the proceed- ings and hearings when the matters involved may offend the parties’ or other persons’ dig- nity, their privacy, public policy or undermine the effectiveness of the decision to be issued. The law expressly states that certain proceed- ings (such as marriage annulment, divorce, filia- tion, and injunction) may only be accessed and inspected by the parties and their attorneys. Pending injunction proceedings, which should be decided ex parte, may only be inspected by
the applicant and its attorneys until the decision is taken. Criminal proceedings and hearings, on the other hand, should remain secret during the investiga- tion and pre-trial stages, shifting to public (with the meaning referred to above) once they are submitted to trial and the trial hearing date is scheduled, thus allowing any person to attend the hearings, save when, exceptionally, restric- tions are imposed to preserve people’s dignity, public policy and public order. The hearing in which the verdict is to be announced is always public. 1.4 Legal Representation in Court Legal representation in court is required for most cases. Civil actions with a tax value exceeding MOP100,000, appeals, proceedings initiated in the higher courts, and enforcement proceed- ings exceeding MOP1 million or (in cases where objections are raised or any other issues require the declaration form of procedure) enforcement proceedings exceeding MOP100,000, always require legal representation. In administrative actions and criminal proceed- ings, legal representation is always required. Only lawyers admitted to the Macau Lawyers Association (irrespective of their nationality) are allowed to represent the parties in a court of law. All lawyers have the same rights of audience before any courts in Macau SAR. Trainee lawyers allowed to take part in judicial proceedings are admitted to represent the par- ties in proceedings when legal representation is not mandatory, in criminal proceedings and with
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