Macau Yearbook 2013 - Macao Yearbook

Macao Yearbook 2013This function is reflected in the Public Prosecutions Office’s authority to investigate whether policeinvestigations or court functions are being carried out according to the law. It is likewise the dutyof the Public Prosecutions Office to ensure strict adherence to the law, both before and after thefact, in its supervision of the way various public departments apply the law. When requested, thePublic Prosecutions Office may also exercise a legal consultative role to the Chief Executive orLegislative Assembly.Finally, another important function of the Public Prosecutions Office is to safeguard legitimaterights and interests. This function is exercised in several ways. One is the defence, in situationsdefined by law, of collective or public interests. In other situations, the Public Prosecutions Officeacts as the representative of employees and their relatives, or attends any judicial proceedingsregarding bankruptcy or insolvency when public interests are involved. Finally, the PublicProsecutions Office represents in court individuals who are considered incapable, or who aremissing or absent.One important task that history has delegated to Macao’s judicial institutions is the developmentof a judicial framework that is suited to the characteristics of Macao society and consistent with thelegal principles enshrined in the Basic Law. With this aim in mind, the Public Prosecutions Officehas established a new judicial framework entitled “One Institution, Three Levels of Assignment”.“One Institution” refers to the existence of one unified body within the organisational structureof the Public Prosecutions Office, as opposed to the three different levels of the office correspondingto the three tiers of courts. This simple, unified structure better suits a territory with the size andpopulation of Macao, and it helps to streamline the institution and its personnel structure, andincrease efficiency.“Three Levels of Assignment” refers to the assignment delegation system inherited by the PublicProsecutions Office of the Macao SAR from the pre-Handover procuratorial system. Under thissystem, three levels of Public Prosecutors (also known as “judicial officers of the Public ProsecutionsOffice”), including the Public Prosecutor-General, Assistant Public Prosecutor-General and PublicProsecutor, act as representatives of the Public Prosecutions Office in Macao’s three tiers of courtsand participate in legal actions.In conformity with this framework, the Public Prosecutions Office has established subordinateoffices in the following courts:• In the Court of Final Appeal its office is headed by the Public Prosecutor-General, whois the chief representative to that court and is supported, when necessary, by an AssistantPublic Prosecutor-General;• In the Court of Second Instance, the office is headed by an Assistant Public Prosecutor-General;• In the Court of First Instance, offices have been established in both the Lower Court andthe Administrative Court. In both offices, a Public Prosecutor acts as the representative ofthe Public Prosecutions Office. If a case is serious, complicated, or involves substantialpublic interest, the Assistant Public Prosecutor-General may act as the representative of thePublic Prosecutions Office in the Court of First Instance; and126