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JURIDICAL AUTONOMY
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According
to the Basic Law of The Macau Special Administrative Region, the courts
of the Macau Special Administrative Region shall exercise judicial power
independently. They shall be subordinated to nothing but law and shall
not be subject to any interference.
The primary courts, intermediate courts and Court of Final Appeal shall be established in the Macau Special Administrative Region. The power of final adjudication of the Macau Special Administrative Region shall be vested in the Court of Final Appeal of the Region. The structure, powers and functions as well as operation of the courts of the Macau Special Administrative Region shall be prescribed by law. The primary courts of the Macau Special Administrative Region may, when necessary, establish special courts. The previous system concerning criminal prosecution shall be maintained. Judges of the courts of the Macau Special Administrative Region at all levels shall be appointed by the Chief Executive on the recommendation of an independent commission composed of local judges, lawyers and eminent persons. Judges shall be chosen on the basis of their professional qualifications. Qualified judges of foreign nationality may also be employed. The presidents of courts of the Macau Special Administrative Region at all levels shall be chosen from among judges and appointed by the Chief Executive. The President of the Court of Final Appeal of the Macau Special Administrative Region shall be a Chinese citizen who is a permanent resident of the Region. The procuratorates of the Macau Special Administrative Region shall exercise procuratorial functions as vested by law, independently and free from any interference. The Procurator-General of the Macau Special Administrative Region shall be a Chinese citizen who is a permanent resident of the Region, shall be nominated by the Chief Executive and appointed by the Central People's Government. Procurators shall be nominated by the Procurator-General and appointed by the Chief Executive. The structure, powers and functions as well as operation of the procuratorates shall be prescribed by law.
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