Top judge says Macao's return ensures its true judicial independence

An aerial drone photo shows the Macao Peninsula (front) in south China on July 8, 2024. (Xinhua/Cheong Kam Ka)

MACAO, Dec. 9 (Xinhua) -- Macao's top judge said the city's return to the motherland has allowed it to gain true judicial independence, under the "one country, two systems" policy.

This year marks the 25th anniversary of the return of Macao, which had been under centuries of Portuguese rule, to its motherland China.

"Since the handover, Macao's legal system has undergone significant reforms in criminal, civil, and commercial law, aligning with modern standards and international norms," Song Man Lei, president of the Court of Final Appeal of the Macao Special Administrative Region (SAR), told Xinhua in an interview.

Key changes -- such as the expanded use of Chinese in court, the separation of civil and criminal courts, and the introduction of electronic litigation services -- have enhanced efficiency, transparency, and accessibility, earning widespread public support, Song said.

"Macao has developed judicial practices uniquely suited to the city over the past 25 years," said Song. "Since the return, a strong public respect for judicial rulings and trust in the judiciary has taken root."

Song said the courts in Macao over the past quarter century have consistently upheld the authority of China's Constitution and the Macao SAR Basic Law, and faithfully fulfilled their duties in judicial matters, providing a solid legal foundation for the steady and enduring success of "one country, two systems" in Macao.

WITNESSING CHANGES

Since becoming a prosecutor in 1996, Song has witnessed profound transformations in the region's legal and political landscapes.

Before the city's return, its judiciary was predominantly controlled by Portuguese judges, and no Chinese judges had been appointed before 1996. "Now, local judges occupy 50 out of the 52 positions across Macao's three-tier judicial system," Song said.

Since Macao's handover, proficiency in both Chinese and Portuguese has been a key requirement for judges, ensuring full alignment with the "one country, two systems" policy.

"A mastery of Chinese reflects Macao's constitutional identity as a part of China, while proficiency in Portuguese enables a deeper understanding of the legal principles underpinning Macao's law system, which serves as a testament to the two systems," Song said.

The judicial system has played a crucial role in fostering Macao's economic prosperity and maintaining social stability since 1999, Song said. "More importantly, it has remained steadfast in safeguarding the practice of 'one country, two systems' in Macao."

In 2009, Macao completed its national security legislation, fulfilling its constitutional duty to safeguard the country's sovereignty, security and development interests. Building on this foundation, the SAR has established a legal and organizational framework, forming a network to safeguard national security.

As Macao's judicial system now includes both Chinese and Portuguese judges, Song highlighted an innovative measure for the handling of national security cases: they must be heard by Chinese judges, who are pre-assigned by a judicial committee for two-year terms.

"This approach upholds the principle of natural judge in Macao's judicial system while ensuring the robust protection of national security," she said.

GREATER INTEGRATION

Since Macao's return, its judicial system has strengthened ties with the mainland, with multiple judicial assistance agreements signed to enhance civil and commercial cooperation.

With the development of the Guangdong-Hong Kong-Macao Greater Bay Area, judicial cooperation has entered a new phase.

"The Greater Bay Area encompasses different legal systems," Song said. "To address this challenge, we have promoted the establishment of a diversified dispute settlement mechanism based on consultation, joint development and shared use, along with the alignment of dispute settlement rules, including litigation, arbitration and mediation."

Song also revealed that Macao is set to launch a pilot program that would appoint its judges as non-permanent members of the court of the Guangdong-Macao in-depth cooperation zone on the neighboring Hengqin island, which will allow them to cooperate with mainland judges in handling civil and commercial cases involving Macao.

Commenting on the incoming SAR government's vision for law-based governance, Song said, "The courts will continue to work toward realizing this vision, and ensure a more just, secure and harmonious living environment for Macao residents."