Introduction E-government law Comment
Introduction
Under the Administrative Procedure Code (Decree-Law 57/99/M, dated 11 October 1999), administrative acts in Macau must generally be performed in writing. Thus, given the way in which COVID-19 has affected everyday life, Law 2/2020 (dated 30 March 2020), which was recently approved by the General Assembly, could not have come at a more appropriate time.
This article sets out the main features of the new law, which will enter into force on 28 September 2020.
E-government law
This e-government law enables public bodies to undertake various actions and formalities electronically. Together with Law 5/2005 (dated 8 August 2005), which establishes the legal regime for electronic documents and signatures in Macau, Law 2/2020 provides the tools for modern, paperless proceedings.
Under the law, if it is possible to execute an entire proceeding and prepare the corresponding final decision electronically, the relevant public bodies may cease any related paper-based processes.
The law provides that electronic documents issued by public bodies satisfy the written legal requirement provided that a digital format which can support written text is used and that the electronic means of identification provide an appropriate guarantee of the document's author or origin.
Thus, for any legally permitted purpose, public bodies can now perform the following acts electronically instead of producing paper copies:
Integrated or automated proceedings are also possible. Thus, interested parties can request the simultaneous assessment of applicable conditions and issuance of decisions by various competent bodies. This will make a big difference in cases where the involvement of different public departments is legally required and existing paper-based processes make obtaining their various opinions time consuming. To allow for integrated proceedings, the law permits existing paper-based processes to be reviewed and simplified or adapted to enable them to be performed electronically, including with respect to the order in which actions must be performed. Processes may also be divided into different phases or by types of request. All of the above should not only simplify administrative processes but also reduce costs for interested parties.
The evidential value of the abovementioned digital documents is equivalent to the corresponding paper documents.
Comment
Law 2/2020 is a landmark development, with many welcoming the new rules and the anticipated streamlining of administrative tasks and proceedings involving public bodies. Nonetheless, as Macau is attempting to become a 'smart city', much more needs to be done in this respect. For instance, in terms of court proceedings, Macau is still very much in the stone age compared with other jurisdictions.
For further information on this topic please contact Pedro Corts or Madalena Perestrello at Rato, Ling, Lei & Corts Advogados by telephone (+853 2856 2322) or email (cortes@lektou.com or perestrello@lektou.com). The Rato, Ling, Lei & Corts Advogados website can be accessed at http://www.lektou.com.
The materials contained on this website are for general information purposes only and are subject to thedisclaimer.
ILO is a premium online legal update service for major companies and law firms worldwide. In-house corporate counsel and other users of legal services, as well as law firm partners, qualify for a free subscription.
See the article here:
New e-government law will streamline administrative proceedings - International Law Office
- Difficult to find officials in Macao for senior positions - Macau News [Last Updated On: June 22nd, 2020] [Originally Added On: June 22nd, 2020]
- World Views | When to wear a mask and when you can skip it - Macau Daily Times [Last Updated On: June 22nd, 2020] [Originally Added On: June 22nd, 2020]
- UK looks to 'right the wrongs' of 'Windrush' scandal - Macau Business [Last Updated On: June 22nd, 2020] [Originally Added On: June 22nd, 2020]
- Paris throws off mask to party like the virus never was - Macau Business [Last Updated On: June 22nd, 2020] [Originally Added On: June 22nd, 2020]
- Local consumption incentive plan to inject up to MOP2.4 bln into the economy - Macau Business [Last Updated On: June 22nd, 2020] [Originally Added On: June 22nd, 2020]
- Government reiterates need for special health measures during events and festivals - Macau News [Last Updated On: June 22nd, 2020] [Originally Added On: June 22nd, 2020]
- First dragon boat race day ends with conflicting advice on Covid-19 - Macau Daily Times [Last Updated On: June 22nd, 2020] [Originally Added On: June 22nd, 2020]
- The Buzz | China cancels all international sports events for the year - Macau Daily Times [Last Updated On: July 10th, 2020] [Originally Added On: July 10th, 2020]
- Teacher duped of RM333,000 in Macau scam | Free Malaysia Today - Free Malaysia Today [Last Updated On: July 10th, 2020] [Originally Added On: July 10th, 2020]
- Govt seen to tighten issuing of blue cards - Macau Daily Times [Last Updated On: July 10th, 2020] [Originally Added On: July 10th, 2020]
- Facebook bans content promoting 'conversion therapy' - Macau Business [Last Updated On: July 11th, 2020] [Originally Added On: July 11th, 2020]
- The quest to find signs of ancient life on Mars - Macau Business [Last Updated On: July 12th, 2020] [Originally Added On: July 12th, 2020]
- Nearly 47,000 residents have participated in tourist itineraries | - Macau Business [Last Updated On: July 12th, 2020] [Originally Added On: July 12th, 2020]
- F1 teams in prison threat over Hungarian lockdown - Macau Business [Last Updated On: July 12th, 2020] [Originally Added On: July 12th, 2020]
- Over 40000 haven't collected their consumer cards - Macau News [Last Updated On: July 12th, 2020] [Originally Added On: July 12th, 2020]
- Residents increasingly aware of the value of world heritage in the city | - Macau Business [Last Updated On: July 12th, 2020] [Originally Added On: July 12th, 2020]
- OPINION-Opening windows - Macau Business [Last Updated On: July 12th, 2020] [Originally Added On: July 12th, 2020]
- Swimming against the tide: The subtle art of resistance in Macau - Hong Kong Free Press [Last Updated On: July 12th, 2020] [Originally Added On: July 12th, 2020]
- City can still reach 22 mln visitors this year - Tourism Office Director - Macau Business [Last Updated On: July 12th, 2020] [Originally Added On: July 12th, 2020]
- Trump finally dons mask as global infections gather pace - Macau Business [Last Updated On: July 12th, 2020] [Originally Added On: July 12th, 2020]
- Local UN institute researchers investigating cybersecurity tools to protect civil society - Macau Business [Last Updated On: July 12th, 2020] [Originally Added On: July 12th, 2020]
- From Macau to Germany and Scotland, chef Monica Galetti on the worlds most luxurious hotels - The Sun [Last Updated On: July 12th, 2020] [Originally Added On: July 12th, 2020]
- US judge delays first federal execution in 17 years - Macau Business [Last Updated On: July 14th, 2020] [Originally Added On: July 14th, 2020]
- Germany alarmed at tourists partying in Mallorca - Macau Business [Last Updated On: July 14th, 2020] [Originally Added On: July 14th, 2020]
- Hong Kong | Organizers of Tiananmen vigil appear in court - Macau Daily Times [Last Updated On: July 14th, 2020] [Originally Added On: July 14th, 2020]
- UK in U-turn as it makes facemasks mandatory in shops - Macau Business [Last Updated On: July 14th, 2020] [Originally Added On: July 14th, 2020]
- Hollywood | Kelly Preston, actor and wife of John Travolta, dies at 57 - Macau Daily Times [Last Updated On: July 14th, 2020] [Originally Added On: July 14th, 2020]
- Up to half of working population on reduced paid leave - Macau Daily Times [Last Updated On: July 14th, 2020] [Originally Added On: July 14th, 2020]
- Police uncover new tactic used by Macau scam syndicates during raid on Johor call centre - The Star Online [Last Updated On: July 14th, 2020] [Originally Added On: July 14th, 2020]
- Spain to honour its 28400 coronavirus victims - Macau Business [Last Updated On: July 16th, 2020] [Originally Added On: July 16th, 2020]
- Gaming sector will take years to recover as China and HK economies reel from pandemic -Consultant - Macau Business [Last Updated On: July 16th, 2020] [Originally Added On: July 16th, 2020]
- Covid-19 tests for casino workers to roll out starting today - Macau Daily Times [Last Updated On: July 16th, 2020] [Originally Added On: July 16th, 2020]
- China eases Macau border restrictions, shares in casino ... [Last Updated On: July 16th, 2020] [Originally Added On: July 16th, 2020]
- Lighthouse concern group calls on culture officials to offer greater protection - Macau Daily Times [Last Updated On: July 16th, 2020] [Originally Added On: July 16th, 2020]
- Former bank officer in Penang duped of RM167,999.50 in Macau scam - Malay Mail [Last Updated On: July 17th, 2020] [Originally Added On: July 17th, 2020]
- US warns of 'arbitrary detention' risk in China - Macau Business [Last Updated On: July 17th, 2020] [Originally Added On: July 17th, 2020]
- Patriotic education base to open at Macao Handover Gifts Museum - Macau News [Last Updated On: July 17th, 2020] [Originally Added On: July 17th, 2020]
- As Trump attacks, China sees a worrying trend for its future - Macau Daily Times [Last Updated On: July 17th, 2020] [Originally Added On: July 17th, 2020]
- OPINION - Macau's Solution to the Pandemic Crisis - Macau Business [Last Updated On: July 17th, 2020] [Originally Added On: July 17th, 2020]
- OPINION-The Politics of Flood Control in China - Macau Business [Last Updated On: July 18th, 2020] [Originally Added On: July 18th, 2020]
- Macau casinos the last place VIP gamblers wanted to be in Q2 - CalvinAyre.com [Last Updated On: July 18th, 2020] [Originally Added On: July 18th, 2020]
- Cluster of GBA airports proposed to take effect by 2025 - Macau News [Last Updated On: July 19th, 2020] [Originally Added On: July 19th, 2020]
- Scuffles and song as Thai youth protest in Bangkok - Macau Business [Last Updated On: July 19th, 2020] [Originally Added On: July 19th, 2020]
- Coronavirus Still Wreaking Havoc in Las Vegas and Macau, Multi Table Tournaments Return, and Brazilian Poker Gets a Tax Break - HighstakesDB [Last Updated On: July 19th, 2020] [Originally Added On: July 19th, 2020]
- Wynn Resorts expected to lead out Macau recovery - Seeking Alpha [Last Updated On: July 19th, 2020] [Originally Added On: July 19th, 2020]
- At least 23 bodies found in mass grave in Mexico - Macau Business [Last Updated On: July 19th, 2020] [Originally Added On: July 19th, 2020]
- 2 Reasons to Buy MGM Resorts - The Motley Fool [Last Updated On: July 19th, 2020] [Originally Added On: July 19th, 2020]
- Massive flood arrives at China's Three Gorges reservoir - Macau Business [Last Updated On: July 19th, 2020] [Originally Added On: July 19th, 2020]
- G20 urged to play bigger role in COVID-19 response - Macau Business [Last Updated On: July 19th, 2020] [Originally Added On: July 19th, 2020]
- First Italy trial over 'migrant pushback' to Libya - Macau Business [Last Updated On: July 19th, 2020] [Originally Added On: July 19th, 2020]
- India records highest daily spike of COVID-19 infections - Macau Business [Last Updated On: July 19th, 2020] [Originally Added On: July 19th, 2020]
- Cluster of GBA airports proposed to take effect by 2025 - Macau Daily Times [Last Updated On: July 19th, 2020] [Originally Added On: July 19th, 2020]
- To VIP or not VIP, that's the question - Macau Business [Last Updated On: July 19th, 2020] [Originally Added On: July 19th, 2020]
- Government NAT scheme fully booked 'in short time' - Macau News [Last Updated On: July 21st, 2020] [Originally Added On: July 21st, 2020]
- Five things to know about the EU virus recovery plan - Macau Business [Last Updated On: July 21st, 2020] [Originally Added On: July 21st, 2020]
- Macao 'ready to go' in promotional video and e-platform - Macau News [Last Updated On: July 21st, 2020] [Originally Added On: July 21st, 2020]
- Bulgaria's 'man of the people' Borisov walks tightrope - Macau Business [Last Updated On: July 21st, 2020] [Originally Added On: July 21st, 2020]
- Nearly 2/3 of non-resident workers are mainlanders - Macau News [Last Updated On: July 21st, 2020] [Originally Added On: July 21st, 2020]
- Putin pushes back goal to halve poverty to 2030 - Macau Business [Last Updated On: July 21st, 2020] [Originally Added On: July 21st, 2020]
- EU recovery deal will see growth return in 2021: Altmaier - Macau Business [Last Updated On: July 21st, 2020] [Originally Added On: July 21st, 2020]
- Melco, MGM recognized for COVID-19 prevention efforts by Liaison Office of the Central People's Government in the Macau SAR - Inside Asian Gaming [Last Updated On: July 21st, 2020] [Originally Added On: July 21st, 2020]
- TikTok to add 10000 US jobs over 3 years - Macau Business [Last Updated On: July 22nd, 2020] [Originally Added On: July 22nd, 2020]
- Archer could miss third Test after revealing racist abuse - Macau Business [Last Updated On: July 22nd, 2020] [Originally Added On: July 22nd, 2020]
- China accuses US of 'slander' over coronavirus research hacking claims - Macau Business [Last Updated On: July 22nd, 2020] [Originally Added On: July 22nd, 2020]
- MGTO focuses promotion on citys bread and butter - Macau Daily Times [Last Updated On: July 24th, 2020] [Originally Added On: July 24th, 2020]
- On the road to the White House | Joe Biden calls Trump the countrys first racist president - Macau Daily Times [Last Updated On: July 24th, 2020] [Originally Added On: July 24th, 2020]
- 'All lives matter' say brothers-in-arms Richards and Botham - Macau Business [Last Updated On: July 24th, 2020] [Originally Added On: July 24th, 2020]
- NBA pulls out of Xinjiang project - Macau Business [Last Updated On: July 25th, 2020] [Originally Added On: July 25th, 2020]
- UNU Macau and Caritas Macau partner to advance research & capacity building initiatives - Macau News [Last Updated On: July 25th, 2020] [Originally Added On: July 25th, 2020]
- Russia rejects space weapon claim as 'propaganda' - Macau Business [Last Updated On: July 25th, 2020] [Originally Added On: July 25th, 2020]
- Russia to resume some international flights in August - Macau Business [Last Updated On: July 25th, 2020] [Originally Added On: July 25th, 2020]
- UN calls on US to ensure right to peaceful protests - Macau Business [Last Updated On: July 25th, 2020] [Originally Added On: July 25th, 2020]
- From the Moon to Mars: China's long march in space - Macau Business [Last Updated On: July 25th, 2020] [Originally Added On: July 25th, 2020]
- Consumption smartcard top-up to start on Monday - Macau News [Last Updated On: July 25th, 2020] [Originally Added On: July 25th, 2020]
- WHO concerned over rising virus cases in Europe - Macau Business [Last Updated On: July 25th, 2020] [Originally Added On: July 25th, 2020]
- Virus Outbreak: StarLux to boost flights to Macau and Penang - [Last Updated On: July 25th, 2020] [Originally Added On: July 25th, 2020]
- 'Not much hope': Macau casinos see deepening losses as virus slams China travel - Reuters [Last Updated On: July 25th, 2020] [Originally Added On: July 25th, 2020]
- How to Travel from Hong Kong to Macau by Ferry - Out of Town Travel News [Last Updated On: July 26th, 2020] [Originally Added On: July 26th, 2020]
- Macau Pass to still refund SMEs involved in consumer card scheme - Macau Business [Last Updated On: July 26th, 2020] [Originally Added On: July 26th, 2020]
- Macau casinos expected to lose over $1B in Q2 earnings - Yogonet International [Last Updated On: July 26th, 2020] [Originally Added On: July 26th, 2020]