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METHODS FOR THE FORMATION OF THE JUDICIARY OF THE MACAO SPECIAL ADMINISTRATIVE REGION

    Article 1  These Methods are formulated in accordance with the Basic Law of Macao Special Administrative Region (hereinafter referred to as the Basic Law) and the Decision of the National People's Congress on the Method for the Formation of the First Government, the First Legislative Council and the First Judiciary of the Macao Special Administrative Region in order to organize the judiciary of the Macao Special Administrative Region.

    Article 2  The organization of the judiciary of the Macao Special Administrative Region shall reflect the principles of State sovereignty and smooth transition, and shall comply with the practical situation of Macao.

    Article 3  The Macao Special Administrative Region shall be vested with independent judicial power, including that of final adjudication.

    Article 4  The primary courts, intermediate courts, and Court of Final Appeal shall be established in the Macao Special Administrative Region.

    Article 5  The primary courts are the courts of first instance in the Macao Special Administrative Region.

    Special courts may be established within the primary courts if necessary. The previous systems concerning criminal prosecution shall be maintained.

    Article 6  An administrative court shall be established in the Macao Special Administrative Region to exercise 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 7  The intermediate courts are the appellate courts for the primary courts and the administrative court, and are at the same time the court of first instance for relatively important cases.

    Article 8  The Court of Final Appeal is the supreme court in the Macao Special Administrative Region and exercises the power of final adjudication of the Macao Special Administrative Region.

    The Court of Final Appeal hears appellate cases from inferior courts as well as important first instance cases.

    Article 9  The courts of the Macao Special Administrative Region shall have jurisdiction over all cases in the Region, except that the restrictions on their jurisdiction imposed by the legal system and principles previously in force in Macao shall be maintained.    

    The courts of the Macao Special Administrative Region shall have no jurisdiction over acts of State such as defence and foreign affairs.    

    Article 10  The number of judges in courts of the Macao Special Administrative Region at each level shall be: no more than 18 judges for the  primary court, no more than 2 judges for the administrative court, 5 judges for the intermediate court, 3 judges for the Court of Final Appeal.

    Article 11  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. Judges shall be chosen mainly from local legal professionals who are permanent residents of the Region and who meet the criteria, and qualified judges of foreign nationality may also be employed.

    Article 12  The primary courts, intermediate courts and Court of Final Appeal each shall have a president who 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 13  The procuratorates shall be established in the Macao Special Administrative Region. The procuratorates shall exercise procuratorial functions as vested by law, independently and free from any interference.

    Article 14  The procuratorates of the Macao Special Administrative Region shall have one Procurator-General, and approximately 20 procurators.

    The Procurator-General of the Macao Special Administrative Region shall be a Chinese citizen who is a permanent resident of the Region.

    The Procurator-General of the Macao Special Administrative 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.

    Article 15  The president and judges of the courts of the Macao Special Administrative Region at all levels, the Procurator-General, and procurators must uphold and abide by the Basic Law, and shall have Bachelor degree or higher in laws and shall have legal profession experience.

    Article 16  When assuming office, the President of the Court of Final Appeal and Procurator-General, judges and procurators of the Macao Special Administrative Region must take an oath in accordance with the Basic Law.