24.10.2014 Views

Macao Yearbook 2011

Macao Yearbook 2011

Macao Yearbook 2011

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

<strong>Macao</strong> <strong>Yearbook</strong> <strong>2011</strong><br />

2.13. Granting and withdrawing restorative justice for persons in detention or imprisoned;<br />

2.14. Inspecting prisons at least once every month to ensure that prison conditions are in<br />

accordance with the law; and<br />

2.15. Dealing with requests from prisoners during such inspections.<br />

Court for Minor Civil Cases<br />

The Court for Minor Civil Cases, commonly known as the Small Claims Tribunal, began operation<br />

on 4 January 2005. It deals specifically with litigation concerning money debts and consumer<br />

rights not exceeding 50,000 patacas in cash value, including consumer credit, management fees,<br />

rentals, use of letters of credit, and instalment payments. Instead of hiring a lawyer and paying<br />

fees in advance, citizens may submit their claims to the Lower Court by filing a relevant form in<br />

sextuplicate, thereby enhancing the efficiency of litigation.<br />

As defined by law, the Court for Minor Civil Cases has the power to hear litigation conducted<br />

in accordance with the special proceedings for minor cases, which include all the incidents and<br />

questions raised by such litigation, as long as it does not prejudice other jurisdictions attributed<br />

to it by law.<br />

The Administrative Court<br />

The Administrative Court has an establishment of two judges, who also oversee the office of the<br />

Administrative Court and assume the posts defined by Items 2 to 5 of Clause 4 of Article 33 of the<br />

Judicial Organisation Framework Law. Each post is occupied for a three-year term and is assumed<br />

on a rotation basis according to descending seniority.<br />

Modus Operandi of the Administrative Court<br />

The Administrative Court adjudicates in cases as a Collegial Panel or as a Single-judge Bench.<br />

Unless otherwise specified by law, cases are heard by a Single-judge Bench.<br />

The Collegial Panel comprises a chairperson appointed by the Judicial Council to preside over<br />

a trial, a judge in charge of the dossier, and one other judge appointed by the Judicial Council.<br />

Powers of the Administrative Court<br />

The powers of the Administrative Court are as follows:<br />

162<br />

1. Hearing disputes concerning public administration, taxation or customs.<br />

2. Hearing the following types of administrative disputes, as long as this does not prejudice<br />

the jurisdiction of the Court of Second Instance:<br />

2.1 Legal disputes stemming from administrative actions or administration-related actions<br />

committed by the following entities:<br />

– Bureau directors or other administrative officials with a rank not higher than that<br />

of bureau director;

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!