The courts of the Macao Special Administrative Region exercise judicial power independently. They are subordinated to nothing but the Law and are not subject to any interference. The Macao Special Administrative Region has the Court of First Instance, the Court of Second Instance and the Court of Final Appeal. The power of final adjudication is vested in the Court of Final Appeal of the Macao Special Administrative Region.
With the establishment of the MSAR, two newcourts, the Lower Court and Administrative Court, came into being as constituentparts of the Court of First Instance. The Basic Law also permits the LowerCourt to form specialised tribunals, as required, and to retain the ExaminingMagistracy created under the former Portuguese administration. The ExaminingMagistracy therefore functions as part of the Lower Court.
The Administrative Court has jurisdiction over administrative and tax cases. Appeals against judgments by the Administrative Court can be lodged with an intermediate court.
Judges of all levels of courts in Macao are appointed by the Chief Executive on the recommendation of an independent commission composed of local judges, lawyers and prominent members of the community. The presidents of courts of the Macao Special Administrative Region at all levels shall be chosen from among judges and appointed by the Chief Executive. The President of the Court of Final Appeal must be a Chinese citizen who is a permanent resident of the Region, and 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.
The Public Prosecutions Office of the Macao Special Administrative Region exercise procuratorial functions independently and free from any interference as vested by law. The Public Prosecutor-General shall be a Chinese citizen who is a permanent resident of Macao. He or she shall be nominated by the Chief Executive and appointed by the central government. Other public prosecutors shall be nominated by the Public Prosecutor-General and appointed by the Chief Executive. The structure, powers, functions and remit of the Public Prosecutions Office are prescribed by law.
The Commission Against Corruption functionsindependently. The Commissioner is accountable to the Chief Executive. TheCommission Against Corruption is responsible for tackling corruption and fraud.It investigates, in accordance with the law, corruption and fraud among civilservants and among individuals involved in voter registration and elections. Italso promotes the protection of human rights, freedoms, legal guarantees, andlegitimate rights and interests, as well as ensuring the justice, legitimacyand efficiency of public administration.