Legal system of Macau

Macau law is broadly based on Portuguese law, and therefore part of the civil law tradition of continental European legal systems. Portuguese law is itself highly influenced by German law. However, many other influences are present, including Chinese law, Italian law, and some narrow aspects of common law.

Macau's legal code is written in Portuguese; therefore law students at University of Macau take their classes in Portuguese.

The apex of the legal system is the Basic Law of the Macau SAR, a Chinese law approved in accordance with and due to the Sino-Portuguese Joint Declaration on the Question of Macau (an international treaty that is officially deposited at the UN) and with article 31 of the Constitution of the PRC. Within Macau, the Basic Law has constitutional rank. The Basic Law of Macau is modelled upon the Basic Law of Hong Kong, although it is not totally equal, as it namely is influenced by the Portuguese Constitution in some points as, for example, in some norms concerning fundamental rights. The International Covenant on Civil and Political Rights applies in Macau.

The legal system of Macau was not substantially modified in 1999, as a result of the transfer of power from Portugal to the PRC, given that there is a principle of continuity of the pre-existing legal system, according to which all sources in force prior to the transfer of sovereignty continued to apply, with some minor exceptions that were specified in December 1999.

The courts of the Macau SAR are structured in three levels and have final power of adjudication, except in very narrow areas. The Court of Final Appeal has three judges, and the Court of Second Instance has five judges. Trial by jury is foreseen in the law, but is not used.

Prior to 1991, Macau judicial system was a sub-judiciary district of the judicial framework of the Portuguese legal system and was affiliated to the Judiciary District of Lisbon.

The Higher Court of Justice (Superior Court of Justice) of Macau replaced the role of Court of Appeal of the Judiciary District of Lisbon. This highest court would be replaced by the current Court of Appeal in 1999.

The courts prior to the handover in 1999:

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