Sonia Chan (center) listens
The Legislative Assembly (AL) gathered in plenary session yesterday for the final discussion and approval of a bill that amends the AL Electoral Law.
The amendments, disclosed by the Secretary for Administration and Justice, Sonia Chan on July 28, were considered a matter of great urgency by the government. Only 12 days after the bill was completed it was sent for the AL’s speedy discussion and approval.
The bill was approved at the first reading yesterday in the plenary session with the support of 28 out of the 32 voters; legislators Pereira Coutinho, Leong Veng Chai, Ng Kuok Cheong and Au Kam San voted against it.
The debate was fueled by the directly-elected lawmakers. Some of them expressed doubts about the presentation of the law made by Sonia Chan. The secretary mentioned the “four favorable principles” that should be fulfilled for the “development of Macau’s political system” according to the Basic Law and the constitution regulations of the Standing Committee of the National People’s Congress.
She said that the bill aims to “improve on the regulations of electoral campaign activities;” “reinforce the fight against electoral fraud;” “perfect the works of the electoral committee” and “improve on the requirements to submit an application [for office] and on the rules about the incompatibility of legislators.”
Ng Kuok Cheong criticized the fact that the bill did not propose any change to the constitution of the assembly, specifically regarding the long-awaited “growth of democracy.” According to the lawmaker and early member of the New Macau Association, the population had expected to see in the 2017 elections the number of directly-elected legislators grow from 14 to 20.
“I’m really sorry that since the public consultation process and until today, the focal point of the stagnation of [Macau’s] political development has not been addressed,” Ng Kuok Cheong said. “The government simply applied the proposals from the Electoral Affairs Commission without integrating the opinions of society. […] This isn’t to the benefit of the [democratic] development of the MSAR,” he argued, citing a study conducted by a Hong Kong university institution which concluded that over 60 percent of the population was hoping for a change involving the direct election of the Chief Executive.”
Ng said that the content of the bill “doesn’t respond to peoples’ expectations – quite the contrary – the authorities are seeking to limit freedom of participation in the elections.”
Pereira Coutinho raised the bar, building on the criticism shared by Ng. The legislator accused the new Electoral Law of violating the Basic Law in at least six of its articles.
“This proposal violates the Basic Law. And these [violations] don’t occur only over one or two articles. A handful of articles from our fundamental law, which we should all respect, are being violated [by the proposal],” said Coutinho, remarking that the written text of the proposal seems “only capable [of being drafted] in North Korea.”
Ng Kuok Cheong voted against the amendments
The lawmaker slammed the law, which he regards as a “suspension of freedom of expression” and an “authentic ‘gag law’,” that is leading to the “bureaucratization of the electoral process.”
Coutinho also said the new ineligibility proposal is a “revengeful law that is invading a sacred reserve of the statutes of the legislators.”
In the legislator’s opinion there is already an ineligibility rule, which can only be proposed, approved and amended by the legislators themselves. He therefore called on his fellow legislators not to let the bill pass without significant changes made.
However, Song Pek Kei showed support for the bill, highlighting that “the election of the AL is an important process in our society. This initiative is an opportunity to review and perfect the law.” Song raised questions regarding the rule that prevents legislators who have renounced their mandates to participate afterward in a supplementary or mid-term election.
From the government’s side, not much was advanced in terms of answers to the doubts raised by legislators. Instead it was proposed that these suggestions could be further addressed in the committee that will analyze the specifics of the law later.
The Secretary for Administration and Justice noted that amendments to the AL Electoral Law aim to ensure that the election process is conducted with integrity and is open to the public,” remarking more than once yesterday that the bill was “worthy of the consent of the central government.”
Sonia Chan stressed that disallowing the election of legislators with a political role in another country or territory – a proposal that recalls the case of Coutinho, since he was candidate in the latest legislative election in Portugal while also being a lawmaker in Macau – is followed by most other countries worldwide, including Portugal.
Regarding matters of corruption, the deputy Commissioner Against Corruption, Kuan Kun Hong, said: “In the past there were several registered actions that aimed to provide benefits to people and this can be considered a case of corruption.”
“This mechanism [of prior declaration of interests] aims to establish a way to prevent complaints and unnecessary investigations,” he added, also noting that “not all of the associations need to declare. Only when there is a direct connection with their candidates.”
On the lawmakers’ agenda
SMG FLAWS DURING TYPHOON NIDA Zheng Anting said the Macao Meteorological and Geophysical Bureau (SMG) failed to communicate effectively with society during Typhoon Nida. “This was not the first time that the bureau has made mistakes this year and the population questions what is behind these flaws.” The lawmaker urged the government to open the underpass of Sai Van Bridge for the transit of motorcycles even during lower typhoon signals and other severe weather situations. He also urged the government to solve the problem of flooding in the Inner Harbor area and on some streets, to which traffic is being due to the implementation of the exclusive bus corridor.
LAND CONCESSIONS Mak Soi Kun and Kwan Tsui Hang said the government does not demonstrate concern for citizens regarding land concessions that have resulted in problems. Mak said: “For the building on Calçada da Guia, the government suspended the project in 2008 based on heritage issues but didn’t [pay attention to] buyers. Similar thing are occurring now with the Pearl Horizon development,” he said. “Managing these issues according to the law seems to mean leaving peoples’ rights behind.” Regarding the Coloane hill skyscraper construction, Kwan Tsui Hang concluded: “Answers from the government are contradictory.” She said that what is needed is to have “competent departments investigate the legal terms of the changing of the general planning.”
CTM MONOPOLY Song Pek Kei said “liberalizing the market necessitates that all operators are at the same starting line.” She claims that the monopoly of CTM and the “unfair contract” signed with the government either highlights “lack of juridical knowledge from the services’ workers at the time […] or an intention to give preference to the concessionaire.” The missing answers from the government are creating distrust and unhappiness in society, she said.
MONEY WASTED ON PUBLIC WORKS Ng Kuok Cheong noted that the most recent public works revealed a waste of money and lack of planning. Taking as examples the Taipa Maritime Terminal and the LRT project, the legislator shared concerns that the same wastage problem will be repeated with the Grand Prix Museum renovation. Cheong asked for further clarification on the details of the project.
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