Exclusive | Macao strengthens legal framework to support long-term stability: Song Man Lei
Since the establishment of the Macao Special Administrative Region (SAR), the city's judicial system has undergone profound changes and development. These changes are evident in improving the legal framework and the practical aspects of law enforcement, judicial efficiency, and public understanding of the judicial process.
In a recent interview with Hong Kong Wen Wei Po, Song Man Lei, President of Macao's Court of Final Appeal, highlighted that the widespread use of Chinese has been instrumental in enhancing public understanding and trust in the judiciary. "Previously, language barriers cast a veil of mystery over judicial work. The adoption of Chinese has brought the judiciary closer to the public, fostering a positive social atmosphere," she said.
Following Macao's return to China, implementing the Basic Law established the SAR's constitutional foundation.
Song noted that the Basic Law, alongside the Constitution of the People's Republic of China, forms the legal cornerstone of Macao. This transition marked the transformation of Macao's judicial system from a colonial legal framework to an independent system under the SAR.
Significant efforts have been made by the SAR government and the Legislative Assembly to refine the legal framework. Revisions and enactments of laws such as the Criminal Code, Civil Code, and Commercial Code have greatly improved the comprehensiveness of Macao's legal system.
Enhancing Transparency and Accessibility
Before the handover, Portuguese legal traditions heavily influenced Macao's legal system. Court judgments and documents were primarily written in Portuguese, creating obstacles for Chinese-speaking citizens and creating a sense of mystery around judicial processes.
However, since the handover, the widespread use of Chinese in the legal system has fundamentally changed this dynamic. Today, Chinese is the primary language used in Macao's judicial activities, including court judgments and legal documents, making it easier for citizens to understand court rulings and litigation processes.
Macao's courts have also implemented various measures to improve judicial transparency. For instance, inquiry desks have been set up in courts to provide case progress updates to the public; The Office of the President of the Court of Final Appeal issues press releases on major cases; A court website has been established to share judicial updates and case verdicts. These initiatives have significantly enhanced public understanding and trust in the judiciary.
National Security Cases Handled by Chinese Judges
Song emphasized Macao's active participation in international and regional judicial cooperation, particularly with Portuguese-speaking countries, highlighting Macao's role as a cultural bridge between China and the West.
She noted that this reflects the central government's positioning of Macao and that the SAR will continue strengthening judicial collaboration with the mainland and internationally to contribute to Macao's long-term stability and the nation's legal development.
Song also discussed the importance of safeguarding national security, a key responsibility for Macao. While Macao's judiciary includes judges of different nationalities, specific measures ensure fairness and professionalism in case assignments. For general cases, judges are assigned randomly based on the "natural judge" principle, with the court president selecting judges via a lottery system before cases are heard.
However, only Chinese judges are eligible to preside for national security cases. Under current law, cases related to national security are handled by a pre-designated list of Chinese judges selected by a judicial committee. This list is updated every two years, and judges are randomly chosen from the list to preside over such cases.
Song noted that this system ensures professionalism and stability in the judiciary, adhering to the principles of judicial fairness while ensuring the accurate application of national security laws. It provides a solid legal foundation for handling potential national security cases in the future.
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