In a recently published article, the academic and legislator emphasized that the ICCPR, applicable in Macau through the Basic Law, establishes public access to judicial proceedings as the general rule. Exceptions may only occur in extraordinary circumstances, such as protecting public morals, public order, national security, or personal privacy.
“Whether proceedings are public or not, judgments must be announced, upholding the principle that exclusion of publicity does not equal secrecy,” stated Iau Teng Pio, highlighting that this approach ensures judicial efficiency and safeguards procedural justice.
He further stressed that restricting publicity does not imply absolute secrecy. The mandatory involvement of lawyers guarantees all procedural rights — including client meetings, case file review, investigation, evidence submission, and courtroom debate — ensuring judicial oversight, protection of the parties, and a fair trial even in closed proceedings.
Iau Teng Pio added that in the European Union, despite variations between systems, state secrecy, personal privacy, and the protection of minors are recognized grounds for limiting public access, while always ensuring lawyers’ participation in non-public cases.
