HOW THE CENTRAL AUTHORITY WORKS IN MACAU CHINA

This article will provide guidance on how the central authority works in macu sar china. The central government of China has its executive, legislative, and judicial functions in the special administrative area of Macau. Macau is autonomous: economic and administrative continuity was ensured by the transfer of sovereignty in the Sino-Portuguese Joint Declaration. As a consequence, the governing structure, which was mainly carried over from the territory’s past as a Portuguese colony, is executive-led] According to these provisions and the ‘one country, two systems’ premise, the regional constitution of Macau is the Basic Law of Macau. Macau’s government system is quite similar to that of Hong Kong. Click here for a video on International Process Service.

Seven parishes make up the area. There are no established parishes in the Macau New Urban Zone, which includes the expansive Cotai neighborhood and other places built on reclaimed territory between Taipa and Coloane. In the past, the parishes were part of either the Municipality of Macau or the Municipality of Ilhas, the two main municipalities running the city’s services. In 2001, the Civic and Municipal Affairs Bureau took over the role of delivering local services when the municipalities were disbanded. If you found this article helpful, kindly consider leaving us a review. Click the link to share your feedback, and we would greatly appreciate a five-star review.

Specifics of the governance in the Macau

Independent judicial authority, including ultimate adjudication, falls upon the Macau Special Administrative Region. All matters inside the Macau Special Administrative Region are subject to the courts of that Region. However, the limitations on their authority previously established by Macau’s legal system and principles will remain in effect. It is important to understand the boundaries of jurisdiction in the Macau SAR, where a private process service agency like Undisputed Legal can help. We ensure that your papers adhere to the country’s civil law and that the multiple stages your documents have to go past are accounted for. 

Regarding defense and international relations, the Macau Special Administrative Region courts will not have the authority to rule. Whenever an issue of fact involving a state act, such as defense or foreign affairs, arises in the adjudication of a matter, the courts of the Region are required to acquire a certificate from the Chief Executive. Judgment from this certificate will be final and binding. The Chief Executive must first get a certifying document from the Central People’s Government before issuing such a certificate.

Macau Special Administrative Region inhabitants who are Chinese nationals have the right to participate in the administration of state affairs as per the law. Locally elected deputies of the Macau Special Administrative Region to the National People’s Congress will represent the region in the legislative body, representing Chinese citizens according to the number of seats allotted and the selection method laid out by the National People’s Congress.

In order to establish an office in the Macau Special Administrative Region, federal departments, provinces, autonomous regions, or municipalities directly reporting to the federal government are required to secure both the regional government’s approval and the approval of the Central People’s Government. All offices established in the Macau Special Administrative Region by federal agencies, provincial governments, autonomous regions, or municipalities reporting directly to the federal government and their employees are required to comply with the laws of the Region.

Who can issue summons in Macau?

Civil procedural rules do not mandate pre-action conduct unless specifically mandated by statute. The plaintiff may still submit the claim to court after certain laws have passed, but the essential requirement is believed to have been performed. This assumption can be waived only when the debtor admits they have failed to fulfill their commitment. 

On rare occasions, the court may decide to limit the public nature of hearings and proceedings (either on its initiative or at the request of a party) if doing so would protect the dignity of the parties or other individuals, their privacy, public policy, or the efficacy of the decision-making process. According to the law, the parties and their lawyers are the only people allowed to access and examine certain processes (such as a marriage annulment, divorce, filiation, or injunction). Only the applicant and its solicitors are allowed to see pending injunction proceedings until a judgment is made. These procedures should be resolved ex parte.

In contrast, criminal proceedings and hearings should remain secret throughout the investigation and pre-trial phases. Once the cases are ready to be tried and the trial date is set, however, they are to be made public (in the sense mentioned above) so that anyone can attend. The publicity remains unless special restrictions are placed to protect people’s dignity, public policy, or public order. The verdict-announcement hearing is always open to the public.

Hague Service Convention in Macau

As stated in Article 131 of the Macau Civil Procedure Code (the ‘CPC’), the relevant judge and the Procuratorate of the Macau Special Administrative Region are involved in the transmission of information according to the Hague Service Convention under Article 3(1.) The appropriate authorities in the Macau Special Administrative Region will be notified of any assistance requests once received. Our Undisputed Legal process servers are local to the Macau SAR and have formed relationships with the staff of the central authority. For a grassroots and on-the-ground look at service of process, we at Undisputed Legal are ready to serve you.

A judicial official may personally meet with the addressee or use registered letters with reception notice to serve them. If the registered letter service fails, the process of personal contact between a court official and the recipient will be employed. Per Article 185(1) of the CPC, the addressee must sign a certificate confirming receipt of the essential papers upon delivery by the judicial official.

Costs associated with carrying out the request for service may be assessed individually per the laws of the Macau Special Administrative Region. It should be known that the standard completion time is three to four months in the Macau SAR. A private process service agency like Undisputed Legal can help ensure your papers are delivered within this time. Only if the requirements outlined in Article 15(2) are met can the Macau Special Administrative Region (SAR) court issue a ruling regardless of whether a certificate of service or delivery has been received, disregarding the applicable restrictions. It is necessary to submit an application for relief from the implications of the appeal deadline within one year of the decision date in order for it to be considered in the Macau Special Administrative Region.

No other bilateral or multilateral agreements pertaining to foreign service are relevant, with the exception of the Hague Service Convention.   The Primary Court of the Macau SAR is the appropriate authority to complete a certificate mentioned in Article 6 of the Convention.  Requests for service sent by other Contracting States via the consular channels mentioned in Article 9 of the Convention should be sent to the Procuratorate of the Macau Special Administrative Region.  Our Undisputed Legal process servers are licensed and adept at the requirements of the Hague Service Convention.

Central Authority in Macau

The Macau Special Administrative Region’s procuratorates must carry out their legal duties without external intervention. The Chief Executive is responsible for nominating candidates for the position of Procurator-General of the Macau Special Administrative Region, who must be permanent residents of the Region and citizens of China. The appointment of this official is made by the Central People’s Government.

The Procurator-General and the Chief Executive nominate and appoint the procurement officials. The government of the Macau Special Administrative Region may establish conditions for local and non-Macau attorneys to practice inside the Region, building on the system previously in place in Macau. Through mutual consultation and legal means, the Macau Special Administrative Region’s judicial organs may continue to have judicial contacts with those of other regions of the nation and provide mutual aid. Undisputed Legal, through our extensive experience in service of the international process, has formed an expansive network of judicial connections in Macau SAR. We are well-versed in the procedure that the Procuratorate will require and aim to ensure your papers comply with the same. 

The Central People’s Government may authorize or assist the Macau Special Administrative Region in arranging for other nations to provide reciprocal judicial aid if the Region so desires. ‘Macau, China’ is the name that the Macau Special Administrative Region may use while attending conferences and international organizations not restricted to national governments.

The chief legal official of Macau is known as the Procurator General of Macau. In December 1999, the PG took over as the Attorney General of Macau in the newly formed Macau Government. The administrative and Justice Secretariat is the organization to which the PG is accountable.

Jurisdictional Obligations in Macau

In general, certain considerations establish whether the Macau Special Administrative Region courts are competent to hear a civil case. This may involve whether some or all of the facts that substantiate the claim were performed in the Macau SAR or if the defendant is a non-resident and the plaintiff a resident, but only if, in abstract terms, the courts of the defendant’s country of residency would be competent to judge similar proceedings if they were started in that jurisdiction by the defendant against the plaintiff. There can also be a question of whether the right or entitlement being claimed can only be effective by means of legal action started in MSAR, provided that there is a strong connection between the proceedings and the jurisdiction in terms of the people or the assets involved.

Legal processes pertaining to erga omnes rights over real estate situated in the Macau SAR, as well as companies with their registered office in the Macau SAR, are only competent to be tried in the courts of the Macau SAR. The first step in starting a lawsuit is to submit a statement of claim, also known as a petição initial. This document specifies the court that will hear the case, lists the parties involved (including their names and residence), and outlines the chosen method of proceeding. It also details the claim’s facts and legal basis, any requests made, and the tax value. Now is the time for the plaintiff to attach any papers that back up their assertions to the statement of claims, provide a list of witnesses, and ask for more evidence to be provided.

Any subsequent fact that creates, alters, or eliminates the rights at issue may allow the party to submit further assertions (articulado superveniente). If the plaintiff is unable to discover any reasons to reject the statement of claim at the preliminary stage, the defendant will usually be summoned by the plaintiff by double-registered mail, the defendant’s attorney, or another court agent. The court clerk will personally serve the defendant with the summons if the mail is returned undeliverable.

Edicts and notifications produced in the putative defendant’s language or the official languages of Macau SAR shall be used for summons if the defendant’s whereabouts are uncertain. In the event that a party is sued from outside the jurisdiction, the court will serve the defendant according to international treaties that apply to the Macau Special Administrative Region (SAR); in the absence of such conventions, the defendant will be served by double-registered mail. A rogatory letter, served with the help of the courts in the defendant’s country of residency, will be used in the event that a postal summons cannot be made.

Court staff and other court processes are used to execute orders and judgments. When one party prevails, there is no process for direct enforcement (i.e., outside of court) against the other. The victorious party is required to commence enforcement procedures in the event of non-voluntary compliance with an award since judgments are not automatically enforced by the court.

The specifics of the judgment or order that has to be executed will determine the kind of enforcement procedures that are necessary. The stages to be followed will start from [A.] claiming to enforce a court order or judgment, [B.] responding to that order or judgment with an enforcement defense within twenty days, [C.] taking steps to enforce the order or judgment, such as seizing assets, rights, or entitlements, and  [D.] finally, having the order or judgment discharged. A person’s right to know about legal actions conducted against them is a basic concept in the judicial system. In order for the legal processes to advance fairly and justly, the parties concerned must be informed about them via the proper serving of legal papers. Legal actions may lose legitimacy if service is not done according to the law. At Undisputed Legal, due process is a priority, and we aim to ensure all parties know their status in a suit. 

How does the Central Authority enforce judgments in Macau?

Foreign court judgments and arbitral decisions cannot be enforced in the Macau Special Administrative Region (SAR) until they have been revised and confirmed by the local courts unless a specific provision in an international agreement applies to the SAR.

If the Macau SAR court is considering the foreign judgment as proof of specific facts, then this confirmation is unnecessary. The judgment must be clearly stated, and the paper must be genuine. For the judgment to be enforceable, the judgment must have the force of law in the nation where it was issued, and it is required to see no fraud on the part of the issuing court. An interesting addendum is that the subject should not exclusively belong to the Macau SAR courts as should have no history of litigation or res judicata decisions involving this topic in the Macau Special Administrative Region. Macau SAR will also require validation that the defendant has been summoned on a regular basis and that the rules of due process have been followed. At Undisputed Legal, we ensure that we research the target country’s accepted service procedures. Personal, postal, and service via municipal officials are common approaches. According to the rules of the nation, we aim to advise you on the best course of action.

After receiving the summons, the claimant has ten days to file a rejoinder, and the defendant has fifteen days to respond with a defense. The public prosecutor conducts further analysis of the proceedings prior to their submission to trial.

Is a US notary valid in Macau?

Before the notarization of the client’s papers, the party must be present and scheduled at a certain time. Appointments are required for all notarial services, and it is necessary to include a valid picture ID issued by the government. The parties must bring forms that have all of the necessary information already filled in, such as names, locations, dates, initials, etc. They will sign them in front of the consular official at the Consulate since they must be able to describe the papers and their intended use to a consular official.   You must provide USD 50 or HKD 400 for each notarial signature or stamp.

Notarization services are available at the U.S. Consulate General in Macau and Hong Kong for all U.S. citizens and permanent residents.  If the document being notarized is intended for use inside the United States, then our notarial services may be used by non-U.S. citizens or residents. It is common practice for solicitors to be responsible for preparing various legal documents.

A person may make a sworn statement in an affidavit. In order to have the documents acknowledged for use in the US, once they have been notarized at a Hong Kong or Macau law firm, the party must then bring them to either the Hong Kong High Court or the Chief Executive of the Secretary for Administration and Justice in Macau to obtain an apostille.  The Consulate cannot be held liable for the competence or honesty of the legal companies or individuals listed above in relation to Legal Assistance (Notary Matters). The sequence in which they appear is irrelevant other than to be alphabetical.

The process by which a foreign government recognizes the legitimacy of document issuers and executors is known as authentication or legalization. A local notary public’s authenticated signature makes it feasible to get papers notarized for use in the US. Public papers created in one member state and intended for use in another no longer need to undergo diplomatic or consular legalization; the Hague Service Convention, to which the US, Hong Kong, and Macau are signatories, eliminates this need. According to the Convention, documents issued in Hong Kong or Macau cannot be authenticated by consular personnel for use in the US.

If applying over the mail, it is important to ensure the party acquires the photocopy of the passport or ID notarized as a genuine copy before sending it in. The application process begins with the applicant obtaining paperwork notarization from a notary public. A notary public statement of the precise signing time and date is also required. The Secretary of State must apostille documents that involve substantial identity concerns or interests in property or seal certifications (such as those pertaining to real estate, inheritance, disclaimers or renouncements of inheritance, or authentications of seal certifications) and must first be notarized by a public official within the consular jurisdiction. Once the aforementioned checks are finished, the papers will no longer be admissible if they are amended in any way.  

It may be necessary to occasionally retain the services of a local process server in the nation of destination. By doing so, we at Undisputed Legal ensure that the papers will be served in line with all applicable local legislation. We can help you with all the necessary documents for service in the destination country. Based on the Macau SAR standards, these forms can need notarization, authentication, or legalization. Accrual costs, translation fees, and fees for document authentication or legalization may be required in connection with foreign process services. We make sure our process servers provide you with thorough paperwork detailing the service, including the time, date, and mode of service. Court orders may need this paperwork.

 To keep the process service smooth and free of legal snags, you must adhere to all local laws and customs in the destination country. At Undisputed Legal, we understand that serving a document via an overseas procedure might take some time. A good conclusion requires close collaboration with legal counsel and a trained private process server with expertise in foreign matters.

OUR PROCESS

Documents can be faxed at (800)-296-0115, emailed to ps@undisputedlegal.com, mailed to 590 Madison Avenue, 21 Floor, New York, New York 10022, or dropped off at any of our locations. We do require pre-payment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist receives all documents.

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OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN CHINA (MACAu)

Pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your China Macu process service needs; no job is too small or too large!  For instructions on How To Serve Legal Papers in China, Click Here!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

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Sources

1. Since the Joint Declaration and Basic Law talks started after the transitional arrangements for Hong Kong were finalized

2. There is a five-year statute of limitations for certain rights or entitlements (such as lease rentals, interest, or dividends) in the Macau Special Administrative Region, although the general statute of limitations is fifteen years.

3. Avenida do Dr. Rodrigo Rodrigues, no. 683, Edifício do Ministério Público, Macau.

4. Articles 175 and 203 of the CPC, read in conjunction with its Articles 180(1) and (2), 182 and 185

5. It is possible for the lawyer to ask to handle the service himself in certain instances. In accordance with Articles 180(3) and 191 of the CPC, the lawyer may designate another lawyer to serve the document or appoint another fully registered individual to provide forensic services.

6. Concerning internal law, the following provisions are found in Article 135 of the CPC: ‘The court which is requested for certain act has competence to stipulate the compliance with the Letter of Request according to the law’ and ‘If the request in the Letter of Request requires the compliance with certain formalities, the request shall be satisfied insofar as such formalities do not contradict the laws of Macau.’

7. The Procuratorate of the Macau Special Administrative Region is another authority under Article 18.

8. Chinese: 檓察長; Portuguese: Gabinete do Procurador

9. Some of the most common methods of enforcing a court order or judgment are:

  1. the attachment of a third party’s debt owed to the debtor (e.g., a bank account), the seizure and auctioning of assets (or their negotiation through a court-appointed expert), 
  2. the commencement of enforcement proceedings against any third party found to be legally responsible for the debt,
  3. the imposition of charges, 
  4. the imposition of periodic penalty payments, and so on.

10. The defendant has the option to challenge the confirmation on many grounds, including but not limited to:

  1. The award is awaiting confirmation, and there is a judgment deciding this. The judge either prevaricated or was corrupt when they granted it.
  2. If the defendant had known about or had access to this material during the preliminary procedures, it would have been enough to tip the scales in their favor.
  3. The confirmed ruling runs counter to an earlier decision ruled as res judicata.

11. In order to use their Chinese name, ROC (Taiwan) citizens and nationals who are applying must provide either a valid, non-expired passport, a new version of a Taiwanese ID card, or a household registration form within three months. A foreign national whose Chinese name is not recognized by official authorities may be required to provide identification using their English name instead.

12. Once the application is received, the processing time will be around 2-3 weeks    . Sending it back: Priority Mail costs $10, and Express Mail costs $29 inside the United States. For candidates located outside of the United States, the international EMS mailing cost is $76.

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