Sam Hou Fai
Macau’s top legal officials have vowed for changes to the territory’s judicial system in yesterday’s ceremony to mark the commencement of the 2014/2015 Legal Year. The President of the Court of Final Instance (TUI), Mr Sam Hou Fai, pledged legal reforms that would maintain Macau’s political identity and its current legal framework, which is based in Portuguese law.
In his speech, Sam Hou Fai recognized that there is a need to develop Macau’s legal framework based on the constant and rapid changes that society and the local economy are experiencing. He added that this matter has caught the attention of both legal professionals and society in general, since there is a need to perfect Macau’s legal framework to meet social development demands.
TUI’s president recognized that the Portuguese legal framework diverges in terms of moral ethics, values, and cultural heritage from Macau, a region “from the East” with its own ancient culture and history. He went further to suggest that some of Macau’s criminal penalties are “more benevolent” than those found in other Asia-Pacific regions.
Sam Hou Fai recalled that if changes to current criminal penalties are to occur, there is a need to conduct an in-depth assessment, since this would affect the whole penalty system.
“Many personalities, even lawmakers, have called for a reform of the legal services’ management system. However, after conducting an in-depth analysis, we have decided to maintain the then current framework. Today, with an increase in the number of judges, the situation has improved,” he said, referring to the extensive wait period sometimes experienced for a legal process to unfold.
“When undertaking judicial reform, we need to take into consideration not only the identity of [society’s] inherent values and the reasoning behind our legal system, but also the continuity, systematization and the steadiness of legal policies,” he said. Sam Hou Fai stressed that “there is a need to study the real reason why citizens feel unsatisfied with how the law is being enforced.”
TUI’s president recalled that there must be an introduction of timely amendments to the law and the legal regimes when needed.
Reviewing the previous legal year, Sam Hou Fai also revealed some of the latest figures on legal actions handled by Macau’s courthouses. A total of 19,535 cases were filed within the three courts – a number above that recorded in the year before (17,323). The Court of Final Appeal saw an increase of more than 50 cases handled when compared to the previous year. Cases filed within the Court of First Instance and the Court of Second Instance have also risen.
The number of criminal proceedings, he said, recorded “a great increase” in recent years, as opposed to civil proceedings, for which figures remain steady.
Criminal proceedings handled by the Court of First Instance (TJB) increased by 16 percent. The majority of criminal proceedings include crimes linked to gambling and other related activities. Drug trafficking, as well as trans-regional crimes, or offenses committed by foreigners, also continued to rise.
Sam Hou Fai stressed that the effectiveness of trials has improved significantly, adding that although the number of cases handled by the courts has risen, it did not affect the ability of cases to be effectively resolved.
However, the president of the Macau Lawyers Association (AAM), Jorge Neto Valente, criticized precisely the slowness of legal services, since there’s still a lack of human resources while cases handled by courts keep on rising. “Without any effective change, the current year will not change ‘the state of things.’ This means that under pressure caused by a higher number of cases, which are distributed by an insufficient number of legal officials, [the pace of] justice is due to remain slow, and probably, [providing] poorer quality,” he stated.
Mr Neto Valente recognized that it is ever harder to balance urgency for certain court decisions with the need among legal officials for careful consideration, especially given that some cases entail complex matters.
“Showing an increasing lack of respect for courthouses, there are certain sectors publicly discussing and openly criticizing [court] decisions, especially through the media, attempting to influence courts,” he said. Asked to elaborate on this statement when speaking to reporters on the sidelines of yesterday’s ceremony, the AAM president said that there are association leaders’ who change from one association to the other, whenever it is most convenient for them to convey certain ideas.
Recalling that Macau’s legal system has failed to keep up with social and economic development, Neto Valente suggested that an in-depth reform of the Law on Judicial Organization is crucial to solving this matter. “The reform that was long needed, now it is indispensable and imperative,” he stressed.
Chief Executive Chui Sai On said yesterday that the government will continue to support courts and legal services in improving their facilities, equipment, as well as in reinforcing the training of legal officers and development of human resources.
Prosecutor general says legal reform is ‘an unavoidable issue’
Prosecutor General Ho Chio Meng has said that legal reform “is an unavoidable issue.” He believes that Macau can only prosper and reach a long-term stability if legal reform is undertaken.
Also delivering a speech in yesterday’s ceremony to mark the commencement of the 2014/2015 Legal Year, Ho Chio Meng recognized that the development of Macau’s legal system has failed to keep up with social and economic changes. Ho Chio Meng took the opportunity to review last year’s figures on cases handled by the Public Prosecutions Office (MP), stating that legal officials at the MP are now feeling quite tired.
“The MP staff faced great challenges and pressure at work,” he recalled. The MP handled a total of 13,697 cases in the previous year. They completed a total of 12,329 processes, and prosecuted 3,207 cases, which is an increase of 16 percent when compared to the year before. Theft and robbery, as well as crimes related to illegal gambling and loan-sharking remained top of the list of most committed offenses. Among prosecuted cases are mainly drug related crimes and simple offenses to physical integrity.
The Prosecutor General called on the government to work on the continuous training of MP legal officers. He added that both junior and senior officers need further training. “Currently, we have few staff with a lot of cases [to handle]. Proceedings are too complex. We [have been] tired while handling these cases and we don’t have time for anything else (…) MSAR’s government should create favorable conditions for legal officers to develop their skills through effective training,” he stated.
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