Jorge Neto Valente at TDM Talk Show: Legal system’s problems and solutions

The only way to solve the problem of the length of cases in Macau courts is by recruiting more judges and magistrates from Portugal or other Portuguese-speaking countries, the president of the Macau Lawyers Association (AAM), Jorge Neto Valente said on the TDM Talk Show Saturday night.
Neto Valente owns one of the biggest legal firms in Macau, covering a diverse range of legal areas from corporate to gaming. He was also the managing director of Las Vegas Sands in Macau until 2008. Recent news say that he is now set to assume duties as managing director of Galaxy Casino, S.A.
As the Talk Show’s guest, he introduced how the local legal system works, as well as the association he heads. Basically, Neto Valente shared with the English-speaking community his thoughts about the existent problems of the local legal system – a topic he has spoken frequently about.
The number of pending cases at local courts are increasing year by year and the cases are also getting longer to be completed. According to Neto Valente, if there are too many cases for a very small number of judges and magistrates, either in the courts or in the Public Prosecution, it means that something is wrong.
“Investors need to be assured that there is political stability, a legal system that is fair in its conception and a court that enforces the system if something goes wrong. If a person wants to invest in Macau and knows that if something goes wrong the best expectation is to wait three, four or five years in a court, then the investors would be disappointed. But there is ways to simplify the situation without over simplifying,” he guaranteed.
He continued, “the only solution is to recruit more judges and magistrates. Because the system is exclusive to Macau, you cannot go to Hong Kong. So Hong Kong can recruit magistrates from any country that adopts the common law system, and they have no problem with that. Prosecutors and judges from Portugal working in Macau are absolutely insufficient. (...) so more Portuguese magistrates would be a great help.”
To recruit locally would also help but it takes a long time to see results. “There is a centre that trains local magistrates and judges. Out of around 120 candidates in the last course, only six were selected. Those six have a three year period of internship,” he added.
Some people, including Public Prosecutor Ho Chio Meng have said that the use of Portuguese language is the main problem. However, Neto Valente has a different point of view.
“An inexperienced person will be always inexperienced. It is not a language matter. That is misleading people.”
Macau legal system is based on Portuguese legislation. The most important parts of the Portuguese legislation were adapted to suit Macau. Since the handover in 1999, the legislation is all enacted by the Legislative Assembly and the Executive Council of Macau, he explained.
Neto Valente also pointed out that the gaming legislation, exclusive to Macau, while not inadequate, has room for improvement, as it was enacted almost eight years ago.
AAM is a public association that regulates the legal profession, including discipline, admission and punishment. Lawyer is the only profession to be regulated by an organisation in Macau. Doctors or architects, for instance, are licensed directly by the Government.