Macau Yearbook 2013 - Macao Yearbook

The Legal System and the Judiciarythe ability of residents to seek legal recourse and have access to the courts. No resident should,due to financial difficulty or any other reason, be denied access to the courts. Lawyers have anobligation to help residents exercise the right to litigate, and they are obliged to accept courtappointedlegal aid cases.The Lawyers’ Statutes (Decree-Law No. 31/91/M) of 6 May 1991 stipulate that the MacauLawyers Association is a public corporate institute representing the legal profession. Its professionalethics and practices are defined by the Association’s regulations.The Macau Lawyers Association is composed of a Presidency, Executive Committee, SupervisoryCommittee and Higher Council of Lawyers. The Higher Council of Lawyers exercises exclusivedisciplinary jurisdiction over lawyers and trainee lawyers, and it is responsible for monitoring theirdiscipline, professional ethics, and moral ethics.Individuals who wish to practise law in Macao and who hold a Bachelor of Law degree fromthe University of Macau must register with the Macau Lawyers Association and undergo a periodof practical training of no less than 18 months. Trainee lawyers must register as practising lawyerswithin 60 days of internship completion.In line with relevant regulations, Bachelor of Law degree holders who graduated from a universityrecognised by Macao and wish to become practising lawyers in Macao must take certain orientationcourses. After completing the courses, such persons must undergo an internship before they maypractise law.At the end of 2012, there were 248 practising lawyers and 105 trainee lawyers in Macao.The Legal Affairs BureauThe Legal Affairs Bureau undertakes a broad array of duties. It conducts research into judicialpolicy and provides technical support; implements policies relating to the drafting, translationand promotion of laws; handles matters related to the organisation and operations within thejurisdiction of juvenile education and rehabilitation programmes; and participates in coordinationand provides assistance to registries, notary public offices and private notaries. The Legal AffairsBureau comprises several departments: the Legal Drafting Department, the Law TranslationDepartment, the Law Promotion Department, the Inspection and Litigation Department, theSocial Rehabilitation Department, the Administrative and Financial Affairs Department, and theReformatory for Juvenile Delinquents.The Legal Affairs Bureau also supervises registries and notary public offices, including the RealEstate Registry, the Commercial and Movable Goods Registry, the Civil Registry and the notarypublic offices.Real Estate RegistryThe Real Estate Registry is responsible for the registration of property in Macao, and publishingthe legal status of real estate through the registration of acquisitions, mortgages and transfers, toensure the security of transactions.131