Basic Law of the Macao Special Administrative Region/Chapter IV/Section 4

Section 4Edit

The Judiciary

Article 82 The courts of the Macao Special Administrative Region shall exercise the judicial power.

Article 83 The courts of the Macao Special Administrative Region shall exercise judicial power independently. They shall be subordinated to nothing but law and shall not be subject to any interference.

Article 84 The primary courts, intermediate courts and Court of Final Appeal shall be established in the Macao Special Administrative Region. The power of final adjudication of the Macao Special Administrative Region shall be vested in the Court of Final Appeal of the Region. The structure, powers and functions as well as operation of the courts of the Macao Special Administrative Region shall be prescribed by law.

Article 85 The primary courts of the Macao Special Administrative Region may, when necessary, establish special courts. The previous system concerning criminal prosecution shall be maintained.

Article 86 An administrative court shall be established in the Macao Special Administrative Region. It is the court which shall have,jurisdiction over administrative and tax cases. If a party refuses to accept a judgment by the administrative court, he or she shall have the right to file an appeal with an intermediate court.

Article 87 Judges of the courts of the Macao Special Administrative Region at all levels shall be appointed by the Chief Executive on the recommendation of an independent commission composed of local judges, lawyers and eminent persons. Judges shall be chosen on the basis of their professional qualifications. Qualified judges of foreign nationality may also be employed. A judge may only be removed for inability to discharge his or her functions, or for behavior incompatible with his or her post, by the Chief Executive on the recommendation of a tribunal appointed by the President of the Court of Final Appeal and consisting of not fewer than three local judges. The removal of the judges of the Court of Final Appeal shall be decided on by the Chief Executive upon the recommendation of a review committee consisting of members of the Legislative Council of the Macao Special Administrative Region. The appointment and removal of the judges of the Court of Final Appeal shall be reported to the Standing Committee of the National People's Congress for the record.

Article 88 The presidents of courts of the Macao Special Administrative Region at all levels shall be chosen from among judges and appointed by the Chief Executive. The President of the Court of Final Appeal of the Macao Special Administrative Region shall be a Chinese citizen who is a permanent resident of the Region. The appointment and removal of the President of the Court of Final Appeal shall be reported to the Standing Committee of the National People's Congress for the record.

Article 89 The judges of the Macao Special Administrative Region shall exercise judicial power according to law, instead of according to any order or instruction, except in the situation as prescribed in paragraph 3 of Article l9 of this Law. Judges shall be immune from legal action for discharging his or her judicial functions. During the term of his or her office, a judge shall not Concurrently assume other public or private posts, nor shall he or she assume any post in organizations of a political nature.

Article 90 The procuratorates of the Macao Special Administrative Region shall exercise procuratorial functions as vested by law, independently and free from any interference. The Procurator-General of the Macao Special Administrative Region shall be a Chinese citizen who is a permanent resident of the Region, shall be nominated by the Chief Executive and appointed by the Central People's Government. Procurators shall be nominated by the Procurator-General and appointed by the Chief Executive. The structure, powers and functions as well as operation of the procuratorates shall be prescribed by law.

Article 91 The system previously in force in Macao for appointment and removal of supporting members of the judiciary shall be maintained.

Article 92 On the basis of the system previously operating in Macao, the Government of the Macao Special Administrative Region may make provisions for local lawyers and lawyers from outside Macao to practise in the Region.

Article 93 The Macao Special Administrative Region may, through consultations and in accordance with law, maintain judicial relations with the judicial organs of other parts of the country, and they may render assistance to each other.

Article 94 With the assistance or authorization of the Central People's Government, the Macao Special Administrative Region may make appropriate arrangements with foreign states for reciprocal judicial assistance.