On the 20th of April 2015 was gazzeted the Law 2/2015 amending Law 7/2008.

Such Law contains two modifications to Law 7/2008:

• (i) The increase of the compensation to be paid to dismissed employees (increasing the cap used to calculate the amount of compensation to be paid to the employee from MOP 14,000 to MOP 20,000).
• (ii) The revision of the basic monthly salary amount every two years, being the same updated according with the economical development of Macau SAR.

The Law entered into force on the 21st of April 2015.

http://images.io.gov.mo/bo/i/2015/16/lei-2-2015.pdf

Case Law

Case Number: TUI 128/2014

Date of Judgment: 15th of April, 2015

The Unified Judicial Opinion of the Final Appeal Court, no. 128/2014, stated that the Auxiliary Member (“assistente”) cannot appeal against decisions exclusively regarding the type and the quantum of the applied penalty, unless such appeal is concretely justified with an own interest of the appellant.

The Final Appeal Court emphasized that pursuant to Section 391 of Criminal Proceeding Code, two conditions must be met for the Auxiliary Member being able to appeal: 1) being legitimate, specifically, while the Court’s decision is against him and 2) having the direct interest in bringing proceedings as a necessary mean to defend his own right.

http://www.court.gov.mo/sentence/pt-55309352993b7.pdf

http://www.court.gov.mo/sentence/zh-55309352993b7.pdf

Case Number: 2/2015 TUI

Date of Judgment: 4th March 2015

In an injunction proceeding of provisional restitution of possession, the Court of Final Appeal decided against the applicant, contrarily with the decisions given by the inferior Courts.

The applicant claimed his possession on the basis of the real estate property right that he had claimed having acquired by “usucapio”. Considering that he failed to provide the essential facts to substantiate his possession, in particular, those proving that his possession was public and pacific, the Court decided not to grant him the injunction.

Besides, the Court firmly rejected the understanding of the Court of First Appeal regarding the inversion of title of possession, stating that in the absence of other relevant facts, the simple circumstance of not paying rent for years is absolutely insufficient to imply, prove or conclude that the tenant (applicant) has thereby inverted the title of possession, i.e., stop considering himself as tenant but as the owner. Moreover, the Court ruled that in the inversion of title of possession, the intention of posse must have been shown and known by the others, especially by the one in whose name the tenant would posse, and such requisite was, undeniably, not verified in the present case.

http://www.court.gov.mo/sentence/pt-54fd6112125ec.pdf

http://www.court.gov.mo/sentence/zh-54fd6112125ec.pdf

Case Number: TUI 127/2014

Date of Judgment: 13th February, 2015

The Court of Final Appeal sustained the decision of the Administration rejecting the appellant’s request of renovation of the Authorization of Temporary Residence (A.T.R).

Pursuant to Section 23 of Administrative Regulation 5/2003, the fact that the appellant didn’t submit his request within 180 days after the expiry of his A.T.R implies the caducity of such authorization, with the rejection of its renovation.

Even though the appellant invoked illness during a brief period of time comprehended within such period of 180 days, the Court ruled that such fact did not constitute the exception of force majeure provided by Section 23 of the above mentioned Administrative Regulation, as the submission of the renovation request by the appellant could have happened before and until the occurrence of the legal deadline.

http://www.court.gov.mo/sentence/pt-54e1b192ed58b.pdf

http://www.court.gov.mo/sentence/zh-54e1b192ed58b.pdf

On the 12th of January 2015 the plenary session of Macau SAR Legislative Council approved a draft Law amending Macau SAR Legislative Council’s Organic Law.

Such amendments mainly consist in:

• (i) adapting legislative council´s support services to the increase of activity of the legislative Council;
• (ii) increasing and reorganizing the administrative staff of the support services;
• (iii) increasing the effectiveness of the support provided to the legislative Council, the legislative Council´s members and to the general public.

The main modifications contained in the proposal are the creation of two new departments in the support services (the General Affairs Department and the IT and Publications department), each one responsible for the supervision of several sub-divisions.

The draft law also provides several small modifications to the staff´s career and remuneration.

The draft law is now being analysed and discussed in the 2nd Permanent Commission.

http://www.al.gov.mo/proposta/al/proposta.pdf

http://www.al.gov.mo/proposta/al/proposta_cn.pdf