A legal legacy in limbo

The handover of Macau marked a significant transition on December 20, 1999, establishing a legal framework intended to ensure stability and continuity.

Yet, as time passed, the initial laws and regulations began to falter under the pressures of a rapidly evolving society.

Lawyer Sérgio de Almeida Correia highlights this struggle, noting that the lack of political will to modernize the legal system hindered Macau’s development for years.

Fortunately, he adds, recent shifts in the authorities’ mindset have sparked a wave of fundamental legislative reforms aimed at revitalizing the region’s legal sector.

Sérgio de Almeida Correia

Correia commented, “These changes became outdated over time, and for many years, there was no political will to modernize the legal system and the courts, which was detrimental to Macau’s development.”

The legal expert believes that the new Chief Executive, Sam Hou Fai, who will be inaugurated today, will play a key role in modernizing the legal system.

“He is well-prepared and knowledgeable about the legal and administrative challenges facing society,” said Correia. However, he also pointed out that it will be more difficult to count on the Legislative Assembly due to the low technical and legal-political expertise of many of its members.

Reflecting on the evolution of Macau’s legal system since the handover, the legal expert noted that changes have been minimal and often poorly executed. He specifically highlighted issues with the Land Law, which has led to significant problems.

Only in recent years has there been a genuine political will for reform, leading to improvements like the dematerialization of judicial processes and the modernization of registries. For Correia, these reforms have been long overdue due to previous leadership failures and inadequate preparation.

Meanwhile, critics argue that the initial promise of autonomy has been overshadowed by a lack of democratic reforms. “The principle of ‘One country, two systems’ failed because democracy was not granted alongside autonomy,” stated lawyer Jorge Menezes.

Legislative Failures

The “erosion of liberties in Macau” is attributed to both insufficient legislation and the harsh enforcement of existing laws, according to Menezes.

The lawyer pointed out that violations of fundamental rights—such as the right to protest, freedom of the press, and political participation—have impacted the exercise of freedoms.

Just last month, the Macau Journalists Association (AJM) has voiced  concerns about the  restrictions on press freedom in the city, calling on the government to withdraw unnecessary reporting limitations.

In a statement, the AJM highlighted several recent incidents that illustrate a troubling trend in the erosion of press freedom, noting that it is witnessing a systematic preclusion of various media outlets from covering government-hosted events.

Regarding the introduction of the national security law, Menezes stated that the law effectively makes every citizen a potential target for prosecution.

“Criticism and the expression of opinion can be construed as crimes under the security law,” he warned, emphasizing the law’s vague nature.

Menezes observed, “This led to self-censorship and a less engaged community,” reflecting a broader trend where fear of repercussions hampers open discussion on important issues.

Looking ahead, Menezes expressed skepticism about Macau’s prospects over the next 25 years. He pointed to the Greater Bay Area initiative—a major economic project—as a potential risk to Macau.

“The legal border with China would ensure Macau’s distinctiveness,” he explained, but breaching that protection could lead to further integration with China’s culture and economy, diminishing Macau’s uniqueness.

For Correia, while he stresses the importance of integration with mainland China and the Greater Bay Area, he insists that laws must be clear and well-crafted to avoid ambiguity. He advocates for skilled individuals to be involved in this process to promote development without creating barriers to investment or compromising Macau’s identity.

“The next 25 years do not appear promising,” Menezes concluded, urging a reassessment of how Macau can preserve its unique identity moving forward.