MACAU SAR, CHINA Trends and Developments Contributed by: João Nuno Riquito, Bruno Almeida, Daniel de Senna Fernandes and Paulo Alves Teixeira, Riquito Advogados
Riquito Advogados Suite 1104 AIA Tower 251A-301 Av. Comercial de Macau Macau SAR
Tel: +853 2838 9918 Fax: +853 2838 9919 Email: jnr@riquito.com Web: www.4riquito.com
Introduction The Code of Civil Procedure (CPC) currently in force in Macau, a Special Administrative Region of the People’s Republic of China (“Macau” or the “Macau SAR”), is a cornerstone of its legal system, historically rooted in Portuguese law. Since its approval in 1999, the CPC has only undergone three amendments, in 1999, 2004 and 2019, all of which addressed specific pro- cedural issues. However, to meet the evolving needs of Macau’s society and legal landscape, a fourth amendment is being considered. This proposed amendment aims to make sub- stantial changes to the CPC, marking a signifi- cant departure from the incremental approach adopted in previous efforts. Such a comprehen- sive reform is driven by the understanding that the existing CPC, while serving its purpose for over two decades, has become insufficient to address the complexities of contemporary legal practice in Macau and in the Greater Bay Area. Ultimately, the goal is to introduce a more com- prehensive and efficient legal framework.
The Legislative Journey of Macau’s Code of Civil Procedure The Macau SAR’s CPC was originally drafted by a temporary committee (the “Committee”) estab- lished in early 1997 for the purpose of monitoring the drafting of the Civil Codes, the Commercial Code and the Code of Civil Procedure. Until the enactment of the CPC, the Committee was heavily involved in a complex and layered process, marked by extensive consultation and deliberation, and it faced several challenges, such as the limited timeframe for drafting and reviewing such a comprehensive piece of leg- islation as well as the need to align the CPC with the overall legal framework of Macau, as a special administrative region of the People’s Republic of China (PRC), which required careful co-ordination with the country’s Central Govern- ment. Understandably, the process was not without its challenges. Key considerations included the delicate task of balancing the competing inter- ests of various stakeholders (including judges, lawyers, litigants, and the government), ensur- ing that the CPC provided a sufficient level of legal certainty and continuity while maintaining enough flexibility to accommodate any future
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