MACAU SAR, CHINA Trends and Developments Contributed by: João Nuno Riquito, Bruno Almeida, Daniel de Senna Fernandes and Paulo Alves Teixeira, Riquito Advogados
• preservation of the paper record, as it also requires the court registry to print hard copies of electronically-filed documents for inclusion in a physical court file; and • expanded payment options, by allowing the use of debit and credit cards and other elec- tronic payment methods. More recently, the eviction procedure in Macau has undergone significant changes by way of Law 19/2024, which will come into force on 1 March 2025. This reform again aims to stream- line the procedure, reduce delays, and provide a more efficient mechanism for landlords to recover their properties from delinquent tenants. In summary, Law 19/2024 introduced important changes such as: • allowing courts to issue a summons without a prior order, streamlining the initial stages of the procedure; • making legal representation optional, poten- tially reducing costs for both parties; • enabling judges to rule on the merits of the case without a trial if sufficient evidence is provided; and • having the judgment itself authorise entry into and eviction from the property, hastening the enforcement process. While these amendments aim to provide relief to landlords, it is crucial to consider their potential implications for tenants. The expedited process may curtail opportunities for tenants to contest evictions or seek alternative resolutions and the reduced role of legal representation could dis- advantage tenants who may not possess the resources to understand complex legal issues or to adequately defend their rights.
Therefore, as Law 19/2024 is implemented, it is imperative that policymakers and courts care- fully monitor its impact and take measures to ensure that the rights of both landlords and tenants are protected. This may involve ensur- ing access to legal aid, clear communication of tenant rights, and opportunities for mediation or alternative dispute resolution. Guidelines of the 2015–2018 Consultation Document for the (Then Proposed) Future Revision of the Civil Procedure Code In November of 2015, the Macau government submitted, for the public’s attention and review, a study for an overall revision of the Code of Civil Procedure, which was further supplemented and re-submitted to consultation at sectorial level in June of 2018. Several aspects were identified by a working group as the Achilles heels of the civil judicial system, particularly the following: • existence of various legal mechanisms through which the parties can challenge the court’s decisions during the course of the proceedings and/or to delay its progress; • provision of a wide range of situations where third parties are allowed to become join in (in a principal or ancillary capacity) the proceed- ings; • limitations in the discovery phase; • lack of an alternative path that may allow discovery and judgment of the merits of the cause in the context of interim injunctions not to be fully repeated during the main proceed- ings; • the lack of flexibility around the facts that are subject to witness examination or the submis- sion of other evidence, resulting in complex trial hearings; • trial hearings of some cases are burdened with a panel of three judges;
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