MACAU SAR, CHINA Trends and Developments Contributed by: João Nuno Riquito, Bruno Almeida, Daniel de Senna Fernandes and Paulo Alves Teixeira, Riquito Advogados
case and (ii) the interim injunction adequately resolves the matter under dispute; • provision of the judge’s power to award the winning party the right to be compensated by the losing party of the actual amount of the legal fees paid to their attorney; • introduction of preliminary hearings, where, besides procuring an amicable solution between the parties, the judge shall set up the trial hearing and the discovery phase; • simplification of the listing of matters that will be subject to discovery during the trial hear- ing; • restriction of the moment up to which the parties may submit documents as evidence – up to 20 days before the date scheduled for the trial hearing (except when submission was not possible up to that moment or only became necessary at a later stage); • provision of the possibility that party may give a deposition at their own request, in order to provide the court with their version of the facts and not, as is the case at the moment, only as a means to confess facts that are unfavourable to their position; • limitation of the need for the intervention of a panel of three judges on the trial of matters pertaining to facts; • restriction of the grounds for adjournment of the trial hearing; • making appellants have to submit their brief immediately upon filing the notice of appeal; • creation of a new path for appealing to the Court of Final Appeal, in view of the special relevance of the underlying matter for the judicial system or on matters of special social interest (Article 639); and • rearrangement of the framework of the appeal for standardisation of jurisprudence, which would be limited to situations where two decisions of the Court of Final Appeal are in contradiction with each other.
The planned reform of the Macau CPC has not yet made its way to the Legislative Assembly and there is no information available to the pub- lic as to when that may happen, or on which terms. It should, however, be noted that some of these solutions have already been in force in Portugal for over a decade. Therefore, when the project resumes in Macau, the working group may take into consideration the advantages and disadvantages that some of the above solutions have already brought about in that jurisdiction. Conclusion he Macau Code of Civil Procedure has evolved significantly since its inception. Rooted in Por- tuguese legal tradition, the CPC has undergone several amendments to align with the unique needs of Macau as a Special Administrative Region of China. The proposed fourth amendment represents a critical step towards modernising the legal sys- tem. By streamlining procedures and reducing bureaucratic burdens, promoting electronic fil- ing, and addressing emerging challenges such as eviction proceedings, the amendment aims to enhance efficiency, accessibility, and justice. As proposed, the reforms have the potential to significantly impact Macau’s legal landscape by improving the efficiency of the justice sys- tem and reduce costs for litigants. Additionally, the increased use of technology can enhance accessibility particularly for individuals who may be geographically or financially disadvantaged. However, as Macau embraces these reforms, it is essential to strike a balance between progress and fairness and careful consideration must be given to the potential impact of these changes on various stakeholders. Moreover, the imple- mentation of the reforms should be accompa-
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