Yesterday evening, the Court of Final Appeal (TUI) issued a judgement that dismissed an appeal filed by the Macau Union for Democratic Development on the police’s ban on this year’s June 4 vigil.
Justice José Maria Dias Azedo, writer of the verdict, listed a significant amount of legal literature to discuss concepts such as freedom of assembly, libel and instigation, which were core points used by the police to ban the vigil.
The court stressed that the repetition of an illegal act shall not make it legal.
Although the top court ruled in favor of the police, Justice Azedo added his voting declaration at the end of the verdict, noting that in his opinion, the removal of libelous or defamatory elements should constitute to the permission of the vigil.
In response to the court’s judgement, the Hong Kong and Macao Affairs Office of the State Council of the People’s Republic of China, the Office of the Commissioner of the Ministry of Foreign Affairs of the People’s Republic of China in the Macao Special Administrative Region, the Liaison Office of the Central People’s Government in the Macao Special Administrative Region and the Macau SAR government all issued their respective statement to show support.
The Hong Kong and Macao Affairs Office described the decisions by the police and the court to be completely legal and indicated a clear attitude towards the prohibition of activities that damage constitutional order.
The office stressed that the Macau SAR should respect the socialist system practiced in mainland China and the ruling status of the Communist Party of China as institutionalized by the Constitution.
On the other hand, the Foreign Affairs Ministry’s Commissioner Office stressed that it stiffly opposes “any external forces’ interference with SAR affairs.” It reiterated the position of the Hong Kong and Macau Affairs Office, saying that the Macau SAR is under the Central Government.
It added that since the establishment of the Macau SAR, the government has been ruling the city pursuant to the Chinese Constitution and the Macau Basic Law.
The Liaison Office, meanwhile, expressed its position that it stiffly stands against any moves that challenge the constitutional order of the Special Administrative Regions of China.
The Macau SAR, it said, is bound by the constitution to safeguard sovereignty, national security and developmental interests.
The SAR government noted in a statement: “The Court of Final Appeal ruling reaffirms that the proposed assembly contravenes articles in the Constitution of the People’s Republic of China, and also contravenes the Basic Law of Macao and the local Penal Code.”
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