MACAU DAILY TIMES 澳門每日時報

Top Menu

  • Our Team
  • Editorial Statute
    • Code of Ethics
    • Privacy Policy
    • Terms and Conditions
  • Archive
    • PDF Editions
  • Contacts
  • Extra Times
    • Drive In
    • Book It
    • tTunes
    • Features
    • World of Bacchus
    • Taste of Edesia

Main Menu

  • Home
  • Macau
    • Photo Shop
    • Advertorial
  • Interview
  • Greater Bay
  • Business
    • Corporate Bits
  • China
  • Asia
  • World
  • Sports
  • Opinion
    • Editorial
    • Our Desk
    • Business Views
    • China Daily
    • Multipolar World
    • The Conversation
    • World Views
  • Our Team
  • Editorial Statute
    • Code of Ethics
    • Privacy Policy
    • Terms and Conditions
  • Archive
    • PDF Editions
  • Contacts
  • Extra Times
    • Drive In
    • Book It
    • tTunes
    • Features
    • World of Bacchus
    • Taste of Edesia
logo
FOUNDER & PUBLISHER Kowie Geldenhuys
EDITOR-IN-CHIEF Paulo Coutinho
Macau,

MACAU DAILY TIMES 澳門每日時報

  • Home
  • Macau
    • Photo Shop
    • Advertorial
  • Interview
  • Greater Bay
  • Business
    • Corporate Bits
  • China
  • Asia
  • World
  • Sports
  • Opinion
    • Editorial
    • Our Desk
    • Business Views
    • China Daily
    • Multipolar World
    • The Conversation
    • World Views
  • Au Kam San sentenced to 12 years and six months in city’s first national security case

  • Survey finds demand for stronger housing, childcare and parental leave support

  • Nearly 85% of local concertgoers travel abroad for live shows, report finds

  • A fiery milestone: Feng Wei Ju’s 20th anniversary tribute to Starworld Macau

  • Melco’s Q3 profit drops to almost zero as revenue falls 10%

  • Summit puts medical tourism and preventive healthcare at center of growth plans

Macau
Home›Macau›Analysis | The failed Land Law

Analysis | The failed Land Law

By -
Friday, July 1, 2016
163
0

MACAU-CHINA-10YEARS-POLITICS

“Unjust laws exist: shall we be content to obey them, or shall we endeavor to amend them, and obey them until we have succeeded, or shall we transgress them at once?”
 Henry David Thoreau, American philosopher

In the early 90s, numerous  land concessions were granted to private entrepreneurs for industrial and residential development. Many of those lands were developed, but a significant number were not and for very different reasons.
In 2010, the Government conducted an in-depth investigation into 113 undeveloped lands to determine whether the lack of development could be imputed to the land owners. After hearing from all parties and the Land Commission, the Government concluded that for 65 of the lands (to which 16 were later added) the “causes for non-development were not imputable” to their respective owners. In several cases, the non-development was caused exclusively by inactions or delays on the part of successive governments.
One of the most extreme examples – and one with which I am professionally involved – may be the lands located in the Seac Pai Van area of Coloane. The majority of the land concessions in this area were granted for industrial purposes. As early as 1993, the Government informed all land owners that it would develop Coloane as a residential area and would cease industrial development, to which all land owners agreed. However, this came with one caveat: the land owners would need to wait for the urban plan for the area to get their projects approved and ultimately, their lands developed.
To make a long story short, after two decades, while an Urban Planning Law was finally enacted in 2013, there is still no sign of an urban plan. With all concessions expired, the Government is basically saying, “Tough luck, under the new Land Law, it is time to return the lands back.” For 25 years, land owners were saddled with lands that they were prevented from developing due to Government inaction, all while paying rental and premiums for the questionable ‘privilege’ of holding idle land. Throughout the years, land owners were led to believe by successive Governments that urban plans would be approved, and there is vast documentation to prove it. Their hopes and trust in the Macau Special Administrative Region (MSAR) were misplaced.

Changing the rules midgame
The new Land Law was enacted in 2013, and while applying to all land concessions – including those granted prior to its enactment – it failed to address situations of undeveloped concessions that were soon to expire. Article 48 goes as far as directly prohibiting the renewal of undeveloped concessions, regardless of who or what caused the non-development. The now infamous provision was widely discussed during the legislative committee meetings, with a number of legislators fiercely opposed to treating all cases equally, especially when the Government acknowledged that the non-development of certain lands was its responsibility.
After talking with several legislators and colleagues from the legal industry, it seems all were under the impression that the Government would find an administrative solution within the existing Land Law, which would allow the non-culpable land owners to develop their land and avoid the injustice of a ‘blind’ enforcement of Article 48.
To the surprise of all stakeholders, the Government announced late last year that the Land Law gave the Government no alternative but to move forward with the declaration of expiry of the 113 undeveloped land concessions – regardless of who was responsible for its non-development. Yes, this included the 65, meaning that the Government is now proposing to treat the ‘guilty’ and the ‘innocent’ equally. Confiscation and expropriation were words extensively used during the days after this announcement, and rightly so.

What now?  
All stakeholders have publicly spoken against the injustice of this situation and the need to solve it. During the Policy Address debate at the Legislative Assembly in December last year, nearly all legislators criticized the law and the Government’s hard-line stance on the matter. Financial experts have expressed fears over the economic impact of foreign entrepreneurs becoming reluctant to invest in a Region whose Government does nothing to correct injustices, especially when it has the powers and the duty to do so.
This is a key point: the Government has the duty under the Basic Law and Administrative Law to protect the interests of its citizens and private property and, in its actions, to proceed under certain principles which are the basic foundations of our legal and political system, such as the principles of justice, equality and good faith.
Therefore, the Government and the Legislative Assembly have the legal duty to come together and amend the Land Law, allowing non-culpable land owners to exercise their right to develop the land concessions that the Government did not allow them to – following, for example, the mechanism of Article 104(5) of the Land Law, which allows the suspension or extension of the development term when the non-development was not ‘imputable’ to the concessionaire.
Actually, an amendment or interpretative law in this direction would simply reflect the true intention of the Legislators and the Government – expressed publicly by the Chief Executive on April 22, 2016 – which was always to allow non-culpable land owners to exercise their rights under their concessions. In fact, the concept of ‘culpability’ – part of the underlying spirit of our Civil Law system – is mentioned throughout the Land Law; in which suspensions of terms, renewals and extensions are granted to land owners when they are not ‘culpable,’ and the causes for the non-compliances and delays are not ‘imputable’ to them (e.g., inter alia, articles 51, 66, 104 and 215 of the Land Law).
By refusing to politically support and promote an amendment of the Land Law (or an interpretative law) and simply advising land owners to go to court, the Government is in fact refusing to  exercise their basic duties, which are to rule and govern. In reality, the Government is now transferring the burden of correcting its mistakes to the Judiciary, with serious implications for the Region in terms of time, cost and political credibility.
Courts do not exist to correct injustices created by the law, but to interpret the law and settle disputes between parties. A law does not have a minimum period of existence, and it is no shame to change it three years later. It is certainly worse to recognize an injustice and not correct it when one has the power to do so.  Laws exist to be fair and just, and must be changeable and adaptable according to social and economic developments. Above all, a law must be amended if found contrary to the Basic Law and to the principles of conduct of Government, or if it is socially incorrect, unjust, unfair and prejudicial to the economy and the global reputation of the MSAR. Gonçalo Mendes da Maia Lawyer, MdME

Editor’s Note: Mr Mendes da Maia is a partner of MdME, a law firm representing clients concerning this issue, which accords him a considerable amount of knowledge on the matter. The opinions expressed within this article are solely the personal opinions of the writer.

Share this:

  • Share on Facebook (Opens in new window) Facebook
  • Share on X (Opens in new window) X
  • Share on LinkedIn (Opens in new window) LinkedIn
  • Share on WhatsApp (Opens in new window) WhatsApp
  • Print (Opens in new window) Print

Like this:

Like Loading…

Related

Previous Article

Editorial | China, Taiwan, the SARs: Brexit

Next Article

Euro 2016| Portugal leaves it late again ...

Related articles More from author

  • Macau

    Gov’t to buy Hengqin land to install social facilities

    Tuesday, April 14, 2015
    By -
  • HeadlinesMacau

    Policy Address | Lionel Leong Salary growth and labor import top lawmakers’ concerns

    Monday, November 28, 2016
    By -
  • Macau

    E-voucher collection period starts today

    Tuesday, April 14, 2020
    By -
  • Macau

    SSM reports two new imported cases of chikungunya fever

    Friday, September 19, 2025
    By Times Reporter
  • Macau

    U U Sang assumes IPIM presidency

    Thursday, March 9, 2023
    By -
  • Macau

    Creative City of Gastronomy food festival returns

    Wednesday, August 21, 2019
    By -

Leave a reply Cancel reply

You must be logged in to post a comment.

  • World

    First panda born in France says goodbye and heads to China

  • Asia-Pacific

    Philippines | Military plane crashes, 45 dead, 49 rescued

  • HeadlinesMacau

    Gov’t utilizes over 340 smart devices in care homes to boost elderly care

DAILY EDITION

Friday, November 6, 2026 – edition no. 5069
Friday, November 6, 2026 – edition no. 5069

Greater Bay

MDT MACAU GRAND PRIX SPECIAL

November 2026
M T W T F S S
 1
2345678
9101112131415
16171819202122
23242526272829
30  
« Oct    

Timeline

  • Friday, November 6, 2026

    Au Kam San sentenced to 12 years and six months in city’s first national security case

  • Friday, November 6, 2026

    Survey finds demand for stronger housing, childcare and parental leave support

  • Friday, November 6, 2026

    Nearly 85% of local concertgoers travel abroad for live shows, report finds

  • Friday, November 6, 2026

    A fiery milestone: Feng Wei Ju’s 20th anniversary tribute to Starworld Macau

  • Friday, November 6, 2026

    Melco’s Q3 profit drops to almost zero as revenue falls 10%

  • Friday, November 6, 2026

    Summit puts medical tourism and preventive healthcare at center of growth plans

  • Friday, November 6, 2026

    Gov’t recovers another four land parcels for temporary parking lot

  • Friday, November 6, 2026

    Gov’t moves to remove more than 100 road manhole covers

  • Friday, November 6, 2026

    MUST smart campus platform wins international communication award

  • Friday, November 6, 2026

    Facial recognition clearance reaches 19.7 million uses in first year

Extra Times

Extra TimesHeadlines

A fiery milestone: Feng Wei Ju’s 20th anniversary tribute to Starworld Macau

To celebrate the 20th anniversary of the iconic Starworld Macau, a special commemorative dinner was hosted at its crown jewel, Feng Wei Ju. Holding two Michelin stars, this esteemed restaurant ...
  • In ‘I Play Rocky,’ a middleweight crowd-pleaser about the making of a classic

    By MDT/AP
    Friday, November 6, 2026
  • Daddy Yankee’s first concept album is a reggaeton love letter

    By MDT/AP
    Friday, November 6, 2026
  • MGM Macau hosts Bocuse d’Or Gala

    By -
    Friday, November 6, 2026
  • A Symphony of Heritage: Reviving the Imperial Feast at Chai Jia Chai

    By Irene Sam, MDT
    Friday, October 30, 2026
  • Recent

  • Popular

  • Au Kam San sentenced to 12 years and six months in city’s first national security ...

    By Times Reporter
    Friday, November 6, 2026
  • Survey finds demand for stronger housing, childcare and parental leave support

    By Yuki Lei, MDT
    Friday, November 6, 2026
  • Nearly 85% of local concertgoers travel abroad for live shows, report finds

    By Times Reporter
    Friday, November 6, 2026
  • A fiery milestone: Feng Wei Ju’s 20th anniversary tribute to Starworld Macau

    By Irene Sam, MDT
    Friday, November 6, 2026
  • Melco’s Q3 profit drops to almost zero as revenue falls 10%

    By Renato Marques, MDT
    Friday, November 6, 2026
  • Summit puts medical tourism and preventive healthcare at center of growth plans

    By Nadia Shaw, MDT
    Friday, November 6, 2026
  • Gov’t recovers another four land parcels for temporary parking lot

    By Renato Marques, MDT
    Friday, November 6, 2026
  • Canidrome may have its days numbered, decision in ‘one or two months’

    By Paulo Coutinho, MDT
    Thursday, May 26, 2016
  • Animal Welfare | Macau: Anima slams Canidrome management for avoiding debate

    By -
    Wednesday, May 4, 2016
  • Editorial | Canidoomed

    By Paulo Coutinho, MDT
    Wednesday, June 1, 2016
  • Animal Welfare | Canidrome presented with ultimatum: close or move

    By Daniel Beitler, MDT
    Friday, July 22, 2016
  • Australia regulator cracks down on alleged exportation of dogs to Macau

    By Paulo Coutinho, MDT
    Friday, June 10, 2016
  • Animal rights | Canidrome: Anima in fresh airline negotiations as Canidrome closure looks more likely

    By Daniel Beitler, MDT
    Friday, May 27, 2016
  • USE OF ENGLISH IN MACAU | A ‘de facto’ official language

    By Catarina Pinto
    Monday, July 6, 2015
  • Contact our Administrator
  • Contact our Editor-in-Chief
  • Contacts
  • Our Team
  • Privacy Policy
  • Terms and Conditions
  • Editorial Statute
  • Code of Ethics
COPYRIGHT © MACAU DAILY TIMES 2008-2026. ALL RIGHTS RESERVED
MACAU DAILY TIMES
  • Home
  • Macau
    • Photo Shop
    • Advertorial
  • Interview
  • Greater Bay
  • Business
    • Corporate Bits
  • China
  • Asia
  • World
  • Sports
  • Opinion
    • Editorial
    • Our Desk
    • Business Views
    • China Daily
    • Multipolar World
    • The Conversation
    • World Views
  • Our Team
  • Editorial Statute
    • Code of Ethics
    • Privacy Policy
    • Terms and Conditions
  • Archive
    • PDF Editions
  • Contacts
  • Extra Times
    • Drive In
    • Book It
    • tTunes
    • Features
    • World of Bacchus
    • Taste of Edesia
Loading Comments...

You must be logged in to post a comment.

%d