Macau | Court rules in favor of residence cancellation

Macau’s Court of Second Instance (TSI) has issued a ruling against the renewal of a Hong Kong woman’s local residential permit. She had come to Macau on the basis of a family reunion but was later found to be living in Zhuhai with her husband, who is a Macau resident.

Prior to the Court ruling, the Secretary for Security made an administrative decision to stop renewing the permit based on these factors, as well as the woman not spending a sufficient number of days in Macau. Her husband only spent 52 days in Macau between February 2017 and January 2018.

The woman filed an appeal to the TSI. She claimed that she and her husband were forced to move to the mainland due to the high cost of living in Macau. She claims that her condition fits the legal definition of force majeure.

The Court explained in its verdict that force majeure normally applies to happenings where a subject cannot be considered liable. The Court also reiterated that the premise for renewal of a residential permit is residing in Macau.

As the Court did not find any flaw in the administration’s decision, the cancellation of the residential permit was ruled lawful. AL